Leading Infrastructure For Tomorrow’s America Act or the LIFT America Act
This bill establishes several programs and incentives to modernize the nation's communications, drinking water, energy, transportation, health care, and other related infrastructure.
For example, the bill provides incentives to make broadband internet more accessible and affordable. It also establishes grants to implement next generation 9-1-1 services.
In addition, it supports drinking water programs, including the drinking water state revolving fund program. Further, it provides grants to treat perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS) in drinking water and to replace lead service lines.
The bill establishes a variety of programs to support clean energy infrastructure and address climate change, including efforts to (1) modernize the electric grid and make it more resilient, efficient, and secure; (2) increase energy efficiency in buildings; and (3) support renewable energy infrastructure.
Further, it provides incentives for vehicle infrastructure, such as incentives to develop infrastructure for electric vehicles and grants to reduce air pollution at ports by electrifying port infrastructure.
Additionally, the bill establishes grants and programs for health care infrastructure, including by providing support for the Centers for Disease Control and Prevention, laboratories, and state, local, tribal, and territorial health departments.
Finally, the bill reauthorizes grant programs to remediate brownfield sites (i.e., sites contaminated with hazardous substances) through FY2026.
To rebuild and modernize the Nation's infrastructure to expand access 
  to broadband and Next Generation 9-1-1, rehabilitate drinking water 
     infrastructure, modernize the electric grid and energy supply 
     infrastructure, redevelop brownfields, strengthen health care 
    infrastructure, create jobs, and protect public health and the 
                  environment, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Leading 
Infrastructure For Tomorrow's America Act'' or the ``LIFT America 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1

Sec. 10001. Definitions.
Sec. 10002. Sense of Congress.
Sec. 10003. Severability.
                       Subtitle A--Digital Equity

Sec. 11001. Definitions.
           Part 1--Office of Internet Connectivity and Growth

Sec. 11101. Annual report of Office.
Sec. 11102. Study and report on affordability of adoption of broadband 
                            service.
Sec. 11103. Authorization of appropriations.
Sec. 11104. Study and recommendations to connect socially disadvantaged 
                            individuals.
                    Part 2--Digital Equity Programs

Sec. 11201. State Digital Equity Capacity Grant Program.
Sec. 11202. Digital Equity Competitive Grant Program.
Sec. 11203. Policy research, data collection, analysis and modeling, 
                            evaluation, and dissemination.
Sec. 11204. General provisions.
      Subtitle B--Broadband Affordability and Pricing Transparency

                    Part 1--Broadband Affordability

Sec. 12101. Authorization for additional funds for the Emergency 
                            Broadband Connectivity Fund.
Sec. 12102. Grants to States to strengthen National Lifeline 
                            Eligibility Verifier.
Sec. 12103. Federal coordination between National Eligibility Verifier 
                            and National Accuracy Clearinghouse.
Sec. 12104. Definitions.
    Part 2--Additional Authorization for Emergency Connectivity Fund

Sec. 12201. Additional authorization for Emergency Connectivity Fund.
                      Part 3--Pricing Transparency

Sec. 12301. Definitions.
Sec. 12302. Broadband transparency.
Sec. 12303. Distribution of data.
Sec. 12304. Coordination with certain other Federal agencies.
Sec. 12305. Adoption of consumer broadband labels.
Sec. 12306. GAO report.
                      Subtitle C--Broadband Access

                 Part 1--Expansion of Broadband Access

Sec. 13101. Expansion of broadband access in unserved areas and areas 
                            with low-tier or mid-tier service.
Sec. 13102. Tribal internet expansion.
        Part 2--Broadband Infrastructure Finance and Innovation

Sec. 13201. Short title.
Sec. 13202. Definitions.
Sec. 13203. Determination of eligibility and project selection.
Sec. 13204. Secured loans.
Sec. 13205. Lines of credit.
Sec. 13206. Alternative prudential lending standards for small 
                            projects.
Sec. 13207. Program administration.
Sec. 13208. State and local permits.
Sec. 13209. Regulations.
Sec. 13210. Funding.
Sec. 13211. Reports to Congress.
                     Part 3--Wi-Fi on School Buses

Sec. 13301. E-rate support for school bus Wi-Fi.
                    Subtitle D--Community Broadband

Sec. 14001. State, local, public-private partnership, and co-op 
                            broadband services.
                   Subtitle E--Next Generation 9-1-1

Sec. 15001. Further deployment of Next Generation 9-1-1.
                TITLE II--DRINKING WATER INFRASTRUCTURE

Sec. 20001. Drinking Water SRF Funding.
Sec. 20002. Drinking water system resilience funding.
Sec. 20003. PFAS treatment grants.
Sec. 20004. Lead service line replacement.
Sec. 20005. Assistance for areas affected by natural disasters.
Sec. 20006. Allotments for territories.
                 TITLE III--CLEAN ENERGY INFRASTRUCTURE

              Subtitle A--Grid Security and Modernization

Sec. 31001. 21st century power grid.
Sec. 31002. Strategic transformer reserve program.
              Subtitle B--Energy Efficient Infrastructure

       Part 1--Efficiency Grants for State and Local Governments

Sec. 32101. Energy efficient public buildings.
Sec. 32102. Energy Efficiency and Conservation Block Grant Program.
        Part 2--Energy Improvements at Public School Facilities

Sec. 32201. Grants for energy efficiency improvements and renewable 
                            energy improvements at public school 
                            facilities.
                         Part 3--HOPE for HOMES

Sec. 32301. Definitions.
                        subpart a--hope training

Sec. 32311. Notice for HOPE Qualification training and grants.
Sec. 32312. Course criteria.
Sec. 32313. HOPE Qualification.
Sec. 32314. Grants.
Sec. 32315. Authorization of appropriations.
         subpart b--home energy savings retrofit rebate program

Sec. 32321. Establishment of Home Energy Savings Retrofit Rebate 
                            Program.
Sec. 32322. Partial system rebates.
Sec. 32323. State administered rebates.
Sec. 32324. Special provisions for moderate income households.
Sec. 32325. Evaluation reports to Congress.
Sec. 32326. Administration.
Sec. 32327. Treatment of rebates.
Sec. 32328. Authorization of appropriations.
                     subpart c--general provisions

Sec. 32331. Appointment of personnel.
Sec. 32332. Maintenance of funding.
       Part 4--Energy and Water Performance at Federal Facilities

Sec. 32401. Energy and water performance requirement for Federal 
                            facilities.
                        Part 5--Open Back Better

Sec. 32501. Facilities energy resiliency.
Sec. 32502. Personnel.
                Subtitle C--Energy Supply Infrastructure

Sec. 33001. Grant program for solar installations located in, or that 
                            serve, low-income and underserved areas.
Sec. 33002. Improving the natural gas distribution system.
Sec. 33003. Distributed energy resources.
Sec. 33004. Clean Energy and Sustainability Accelerator.
Sec. 33005. Dam safety.
              Subtitle D--Smart Communities Infrastructure

                       Part 1--Smart Communities

Sec. 34101. 3C energy program.
Sec. 34102. Federal technology assistance.
Sec. 34103. Technology demonstration grant program.
Sec. 34104. Smart city or community.
                 Part 2--Clean Cities Coalition Program

Sec. 34201. Clean Cities Coalition Program.
                     Part 3--Vehicle Infrastructure

               subpart a--electric vehicle infrastructure

Sec. 34311. Definitions.
Sec. 34312. Electric vehicle supply equipment rebate program.
Sec. 34313. Model building code for electric vehicle supply equipment.
Sec. 34314. Electric vehicle supply equipment coordination.
Sec. 34315. State consideration of electric vehicle charging.
Sec. 34316. State energy plans.
Sec. 34317. Transportation electrification.
Sec. 34318. Federal fleets.
        subpart b--electric vehicles for underserved communities

Sec. 34321. Expanding access to electric vehicles in underserved and 
                            disadvantaged communities.
Sec. 34322. Ensuring program benefits for underserved and disadvantaged 
                            communities.
Sec. 34323. Definitions.
          subpart c--port electrification and decarbonization

Sec. 34331. Definitions.
Sec. 34332. Grants to reduce air pollution at ports.
Sec. 34333. Model methodologies.
Sec. 34334. Port electrification.
Sec. 34335. Authorization of appropriations.
                       subpart d--other vehicles

Sec. 34341. Clean School Bus Program.
Sec. 34342. Pilot program for the electrification of certain 
                            refrigerated vehicles.
Sec. 34343. Domestic Manufacturing Conversion Grant Program.
Sec. 34344. Advanced technology vehicles manufacturing incentive 
                            program.
                  TITLE IV--HEALTH CARE INFRASTRUCTURE

Sec. 40001. Core public health infrastructure for State, local, Tribal, 
                            and territorial health departments.
Sec. 40002. Core public health infrastructure and activities for CDC.
Sec. 40003. Hospital infrastructure.
Sec. 40004. Pilot program to improve laboratory infrastructure.
Sec. 40005. 21st century Indian health program hospitals and outpatient 
                            health care facilities.
Sec. 40006. Pilot program to improve community-based care 
                            infrastructure.
Sec. 40007. Community Health Center Capital Project Funding.
Sec. 40008. Energy efficiency.
                   TITLE V--BROWNFIELDS REDEVELOPMENT

Sec. 50001. Authorization of appropriations.
Sec. 50002. State response programs.

         TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1

SEC. 10001. DEFINITIONS.

    In this title:
            (1) Aging individual.--The term ``aging individual'' has 
        the meaning given the term ``older individual'' in section 102 
        of the Older Americans Act of 1965 (42 U.S.C. 3002).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Covered household.--The term ``covered household'' 
        means a household the income of which does not exceed 150 
        percent of the poverty threshold, as determined by using 
        criteria of poverty established by the Bureau of the Census, 
        for a household of the size involved.
            (6) Covered populations.--The term ``covered populations'' 
        means--
                    (A) individuals who are members of covered 
                households;
                    (B) aging individuals;
                    (C) incarcerated individuals, other than 
                individuals who are incarcerated in a Federal 
                correctional facility (including a private facility 
                operated under contract with the Federal Government);
                    (D) veterans;
                    (E) individuals with disabilities;
                    (F) individuals with a language barrier, including 
                individuals who--
                            (i) are English learners; or
                            (ii) have low levels of literacy;
                    (G) individuals who are members of a racial or 
                ethnic minority group; and
                    (H) individuals who primarily reside in a rural 
                area.
            (7) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (8) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (9) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (10) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (11) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) includes a postsecondary vocational 
                institution.
            (12) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (13) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 13 of the Rural Electrification Act 
        of 1936 (7 U.S.C. 913).
            (14) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (15) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

SEC. 10002. SENSE OF CONGRESS.

    (a) In General.--It is the sense of Congress that--
            (1) a broadband service connection and digital literacy are 
        increasingly critical to how individuals--
                    (A) participate in the society, economy, and civic 
                institutions of the United States; and
                    (B) access health care and essential services, 
                obtain education, and build careers;
            (2) digital exclusion--
                    (A) carries a high societal and economic cost;
                    (B) materially harms the opportunity of an 
                individual with respect to the economic success, 
                educational achievement, positive health outcomes, 
                social inclusion, and civic engagement of that 
                individual;
                    (C) materially harms the opportunity of areas where 
                it is especially widespread with respect to economic 
                success, educational achievement, positive health 
                outcomes, social cohesion, and civic institutions; and
                    (D) exacerbates existing wealth and income gaps, 
                especially those experienced by covered populations and 
                between regions;
            (3) achieving accessible and affordable access to broadband 
        service, as well as digital literacy, for all people of the 
        United States requires additional and sustained research 
        efforts and investment;
            (4) the Federal Government, as well as State, Tribal, and 
        local governments, have made social, legal, and economic 
        obligations that necessarily extend to how the citizens and 
        residents of those governments access and use the internet; and
            (5) achieving accessible and affordable access to broadband 
        service is a matter of social and economic justice and is worth 
        pursuing.
    (b) Broadband Service Defined.--In this section, the term 
``broadband service'' has the meaning given the term ``broadband 
internet access service'' in section 8.1(b) of title 47, Code of 
Federal Regulations, or any successor regulation.

SEC. 10003. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be invalid, the remainder of this title and the 
amendments made by this title, and the application of such provision or 
amendment to any other person or circumstance, shall not be affected 
thereby.

                       Subtitle A--Digital Equity

SEC. 11001. DEFINITIONS.

    In this subtitle:
            (1) Adoption of broadband service.--The term ``adoption of 
        broadband service'' means the process by which an individual 
        obtains daily access to broadband service--
                    (A) with a download speed of at least 25 megabits 
                per second, an upload speed of at least 3 megabits per 
                second, and a latency that is sufficiently low to allow 
                real-time, interactive applications;
                    (B) with the digital skills that are necessary for 
                the individual to participate online; and
                    (C) on a--
                            (i) personal device; and
                            (ii) secure and convenient network.
            (2) Anchor institution.--The term ``anchor institution'' 
        means a public or private school, a library, a medical or 
        healthcare provider, a museum, a public safety entity, a public 
        housing agency, a community college, an institution of higher 
        education, a religious organization, or any other community 
        support organization or agency.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary, acting through the Office.
            (4) Broadband service.--The term ``broadband service'' has 
        the meaning given the term ``broadband internet access 
        service'' in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (5) Covered programs.--The term ``covered programs'' means 
        the State Digital Equity Capacity Grant Program established 
        under section 11201 and the Digital Equity Competitive Grant 
        Program established under section 11202.
            (6) 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 States.
            (7) Digital inclusion activities.--The term ``digital 
        inclusion activities''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                            (i) reliable broadband service;
                            (ii) internet-enabled devices that meet the 
                        needs of the user; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration; 
                        and
                    (B) includes--
                            (i) the provision of digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) promoting basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (8) Eligible state.--The term ``eligible State'' means--
                    (A) with respect to planning grants made available 
                under section 11201(c)(3), a State with respect to 
                which the Assistant Secretary has approved an 
                application submitted to the Assistant Secretary under 
                subparagraph (C) of such section; and
                    (B) with respect to capacity grants awarded under 
                section 11201(d), a State with respect to which the 
                Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under paragraph 
                (2) of such section.
            (9) Federal broadband support program.--The term ``Federal 
        broadband support program'' has the meaning given such term in 
        section 903 of division FF of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260).
            (10) Gender identity.--The term ``gender identity'' has the 
        meaning given the term in section 249(c) of title 18, United 
        States Code.
            (11) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        8101(30) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(30)).
            (12) Medicaid enrollee.--The term ``Medicaid enrollee'' 
        means, with respect to a State, an individual enrolled in the 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) or a waiver of that plan.
            (13) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (14) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' means any organization--
                    (A) that serves the interests of Native Hawaiians;
                    (B) in which Native Hawaiians serve in substantive 
                and policymaking positions;
                    (C) that has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    (D) that is recognized for having expertise in 
                Native Hawaiian affairs, digital connectivity, or 
                access to broadband service.
            (15) Office.--The term ``Office'' means the Office of 
        Internet Connectivity and Growth within the National 
        Telecommunications and Information Administration.
            (16) Public housing agency.--The term ``public housing 
        agency'' has the meaning given the term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (17) SNAP participant.--The term ``SNAP participant'' means 
        an individual who is a member of a household that participates 
        in the supplemental nutrition assistance program under the Food 
        and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
            (18) Socially and economically disadvantaged small business 
        concern.--The term ``socially and economically disadvantaged 
        small business concern'' has the meaning given the term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
            (19) Tribally designated entity.--The term ``tribally 
        designated entity'' means an entity designated by an Indian 
        Tribe to carry out activities under this subtitle.
            (20) Universal service fund program.--The term ``Universal 
        Service Fund Program'' has the meaning given such term in 
        section 903 of division FF of the Consolidated Appropriations 
        Act, 2021 (Public Law 116-260).
            (21) Workforce development program.--The term ``workforce 
        development program'' has the meaning given the term in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).

           PART 1--OFFICE OF INTERNET CONNECTIVITY AND GROWTH

SEC. 11101. ANNUAL REPORT OF OFFICE.

    Section 903(c)(2)(C) of division FF of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260) is amended by adding at 
the end the following:
                            ``(iv) A description of any non-economic 
                        benefits of such broadband deployment efforts, 
                        including any effect on civic engagement.
                            ``(v) The extent to which residents of the 
                        United States that received broadband as a 
                        result of Federal broadband support programs 
                        and the Universal Service Fund Programs 
                        received broadband at the download and upload 
                        speeds required by such programs.''.

SEC. 11102. STUDY AND REPORT ON AFFORDABILITY OF ADOPTION OF BROADBAND 
              SERVICE.

    Section 903 of division FF of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Study and Report on Affordability of Adoption of Broadband 
Service.--
            ``(1) Study.--The Office, in consultation with the 
        Commission, the Department of Agriculture, the Department of 
        the Treasury, and such other Federal agencies as the Office 
        considers appropriate, shall, not later than 1 year after the 
        date of the enactment of this subsection, and biennially 
        thereafter, conduct a study that examines the following:
                    ``(A) The number of households for which cost is a 
                barrier to the adoption of broadband service, the 
                financial circumstances of such households, and whether 
                such households are eligible for the emergency 
                broadband benefit under section 904 of division N.
                    ``(B) The extent to which the cost of adoption of 
                broadband service is a financial burden to households 
                that have adopted broadband service, the financial 
                circumstances of such financially burdened households, 
                and whether such households are receiving the emergency 
                broadband benefit under section 904 of division N.
                    ``(C) The appropriate standard to determine whether 
                adoption of broadband service is affordable for 
                households, given the financial circumstances of such 
                households.
                    ``(D) The feasibility of providing additional 
                Federal subsidies, including expanding the eligibility 
                for or increasing the amount of the emergency broadband 
                benefit under section 904 of division N, to households 
                to cover the difference between the cost of adoption of 
                broadband service (determined before applying such 
                additional Federal subsidies) and the price at which 
                adoption of broadband service would be affordable.
                    ``(E) How a program to provide additional Federal 
                subsidies as described in subparagraph (D) should be 
                administered to most effectively facilitate adoption of 
                broadband service at the lowest overall expense to the 
                Federal Government, 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 subsidies.
                    ``(F) How participation in the Lifeline program of 
                the Commission has changed in the 5 years prior to the 
                date of the enactment of this subsection, including--
                            ``(i) geographic information at the census-
                        block level depicting the scale of change in 
                        participation in each area; and
                            ``(ii) information on changes in 
                        participation by specific types of Lifeline-
                        supported services, including fixed voice 
                        telephony service, mobile voice telephony 
                        service, fixed broadband service, and mobile 
                        broadband service and, in the case of any 
                        Lifeline-supported services provided as part of 
                        a bundle of services to which a Lifeline 
                        discount is applied, which Lifeline-supported 
                        services are part of such bundle and whether or 
                        not each Lifeline-supported service in such 
                        bundle meets Lifeline minimum service 
                        standards.
                    ``(G) How competition impacts the price of 
                broadband service, including the impact of monopolistic 
                business practices by broadband service providers.
                    ``(H) The extent to which, if at all, the Universal 
                Service Fund high-cost programs have enabled access to 
                reasonably comparable telephony and broadband services 
                at reasonably comparable rates in high-cost rural areas 
                as required by the Communications Act of 1934 (47 
                U.S.C. 151 et seq.), including a comparison of the 
                rates charged by recipients of support under such 
                programs in rural areas and rates charged in urban 
                areas, as determined by the Commission's annual survey.
            ``(2) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, and biennially thereafter, the 
        Office shall submit to Congress a report on the results of the 
        study conducted under paragraph (1).
            ``(3) Definitions.--In this subsection:
                    ``(A) Cost.--The term `cost' means, with respect to 
                adoption of broadband service, the cost of adoption of 
                broadband service to a household after applying any 
                subsidies that reduce such cost.
                    ``(B) Other definitions.--The terms `adoption of 
                broadband service' and `broadband service' have the 
                meanings given such terms in section 11001 of the 
                Leading Infrastructure For Tomorrow's America Act.''.

SEC. 11103. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Assistant Secretary 
$26,000,000 for each of the fiscal years 2022 through 2026 for the 
operations of the Office.

SEC. 11104. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED 
              INDIVIDUALS.

    Section 903 of division FF of the Consolidated Appropriations Act, 
2021 (Public Law 116-260), as amended by section 11102, is further 
amended by inserting before subsection (i) (as redesignated by such 
section) the following:
    ``(h) Study and Recommendations To Connect Socially Disadvantaged 
Individuals.--
            ``(1) In general.--Not later than 12 months after the date 
        of the enactment of this subsection, the Office, in 
        consultation with the Commission and the Rural Utilities 
        Service of the Department of Agriculture, shall, after public 
        notice and an opportunity for comment, conduct a study to 
        assess the extent to which Federal funds for broadband service, 
        including the Universal Service Fund Programs and other Federal 
        broadband support programs, have expanded access to and 
        adoption of broadband service by socially disadvantaged 
        individuals as compared to individuals who are not socially 
        disadvantaged individuals.
            ``(2) Report and publication.--
                    ``(A) Submission.--Not later than 18 months after 
                the date of the enactment of this subsection, the 
                Office shall submit a report on the results of the 
                study under paragraph (1) to--
                            ``(i) the Committee on Energy and Commerce 
                        of the House of Representatives;
                            ``(ii) the Committee on Commerce, Science, 
                        and Transportation of the Senate; and
                            ``(iii) each agency administering a program 
                        evaluated by such report.
                    ``(B) Public publication.--Contemporaneously with 
                submitting the report required by subparagraph (A), the 
                Office shall publish such report on the public-facing 
                website of the Office.
                    ``(C) Recommendations.--The report required by 
                subparagraph (A) shall include recommendations with 
                regard to how Federal funds for the Universal Service 
                Fund Programs and Federal broadband support programs 
                may be dispersed in an a manner that better expands 
                access to and adoption of broadband service by socially 
                disadvantaged individuals as compared to individuals 
                who are not socially disadvantaged individuals.
            ``(3) Definitions.--In this subsection:
                    ``(A) Socially disadvantaged individual.--The term 
                `socially disadvantaged individual' has the meaning 
                given that term in section 8 of the Small Business Act 
                (15 U.S.C. 637).
                    ``(B) Other definitions.--The terms `adoption of 
                broadband service' and `broadband service' have the 
                meanings given such terms in section 11001 of the 
                Leading Infrastructure For Tomorrow's America Act.''.

                    PART 2--DIGITAL EQUITY PROGRAMS

SEC. 11201. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

    (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in 
        the Office the State Digital Equity Capacity Grant Program 
        (referred to in this section as the ``Program'')--
                    (A) the purpose of which is to promote the 
                achievement of digital equity, support digital 
                inclusion activities, and build capacity for efforts by 
                States relating to the adoption of broadband service by 
                residents of those States;
                    (B) through which the Assistant Secretary shall 
                make grants to States in accordance with the 
                requirements of this section; and
                    (C) which shall ensure that States have the 
                capacity to promote the achievement of digital equity 
                and support digital inclusion activities.
            (2) Consultation with other federal agencies; no 
        conflict.--In establishing the Program under paragraph (1), the 
        Assistant Secretary shall--
                    (A) consult with--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Housing and Urban 
                        Development;
                            (iii) the Secretary of Education;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Health and Human 
                        Services;
                            (vi) the Secretary of Veterans Affairs;
                            (vii) the Secretary of the Interior;
                            (viii) the Assistant Secretary for Indian 
                        Affairs of the Department of the Interior;
                            (ix) the Commission;
                            (x) the Federal Trade Commission;
                            (xi) the Director of the Institute of 
                        Museum and Library Services;
                            (xii) the Administrator of the Small 
                        Business Administration;
                            (xiii) the Federal Cochairman of the 
                        Appalachian Regional Commission; and
                            (xiv) the head of any other Federal agency 
                        that the Assistant Secretary determines to be 
                        appropriate; and
                    (B) ensure that the Program complements and 
                enhances, and does not conflict with, other Federal 
                broadband support programs and Universal Service Fund 
                Programs.
            (3) Tribal and native hawaiian consultation and 
        engagement.--In establishing the Program under paragraph (1), 
        the Assistant Secretary shall conduct robust, interactive, pre-
        decisional, transparent consultation with Indian Tribes and 
        Native Hawaiian organizations.
    (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent 
        official) of a State that wishes to be awarded a grant under 
        this section shall, from among entities that are eligible under 
        paragraph (2), select an administering entity for that State, 
        which shall--
                    (A) serve as the recipient of, and administering 
                agent for, any grant awarded to the State under this 
                section;
                    (B) develop, implement, and oversee the State 
                Digital Equity Plan for the State described in 
                subsection (c);
                    (C) make subgrants to any of the entities described 
                in clauses (i) through (xi) of subsection (c)(1)(D) 
                that is located in the State in support of--
                            (i) the State Digital Equity Plan for the 
                        State; and
                            (ii) digital inclusion activities in the 
                        State generally; and
                    (D) serve as--
                            (i) an advocate for digital equity policies 
                        and digital inclusion activities; and
                            (ii) a repository of best practice 
                        materials regarding the policies and activities 
                        described in clause (i).
            (2) Eligible entities.--Any of the following entities may 
        serve as the administering entity for a State for the purposes 
        of this section if the entity has demonstrated a capacity to 
        administer the Program on a statewide level:
                    (A) The State.
                    (B) A political subdivision, agency, or 
                instrumentality of the State.
                    (C) An Indian Tribe located in the State, a 
                tribally designated entity located in the State, or a 
                Native Hawaiian organization located in the State.
    (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be 
        awarded a grant under subsection (d) shall develop a State 
        Digital Equity Plan for the State, which shall include--
                    (A) an identification of the barriers to digital 
                equity faced by covered populations in the State;
                    (B) measurable objectives for documenting and 
                promoting, among each group described in subparagraphs 
                (A) through (H) of section 2(6) located in that State--
                            (i) the availability of, and affordability 
                        of access to, broadband service and technology 
                        needed for the use of broadband service;
                            (ii) public awareness of such availability 
                        and affordability and of subsidies available to 
                        increase such affordability (including 
                        subsidies available through the Lifeline 
                        program of the Commission), including 
                        objectives to--
                                    (I) inform Medicaid enrollees and 
                                SNAP participants, and organizations 
                                that serve Medicaid enrollees and SNAP 
                                participants, of potential eligibility 
                                for the Lifeline program; and
                                    (II) provide Medicaid enrollees and 
                                SNAP participants with information 
                                about the Lifeline program, including--
                                            (aa) how to apply for the 
                                        Lifeline program; and
                                            (bb) a description of the 
                                        prohibition on more than one 
                                        subscriber in each household 
                                        receiving a service provided 
                                        under the Lifeline program;
                            (iii) the online accessibility and 
                        inclusivity of public resources and services;
                            (iv) digital literacy;
                            (v) awareness of, and the use of, measures 
                        to secure the online privacy of, and 
                        cybersecurity with respect to, an individual; 
                        and
                            (vi) the availability and affordability of 
                        consumer devices and technical support for 
                        those devices;
                    (C) an assessment of how the objectives described 
                in subparagraph (B) will impact and interact with the 
                State's--
                            (i) economic and workforce development 
                        goals, plans, and outcomes;
                            (ii) educational outcomes;
                            (iii) health outcomes;
                            (iv) civic and social engagement; and
                            (v) delivery of other essential services;
                    (D) in order to achieve the objectives described in 
                subparagraph (B), a description of how the State plans 
                to collaborate with key stakeholders in the State, 
                which may include--
                            (i) anchor institutions;
                            (ii) county and municipal governments;
                            (iii) local educational agencies;
                            (iv) where applicable, Indian Tribes, 
                        tribally designated entities, or Native 
                        Hawaiian organizations;
                            (v) nonprofit organizations;
                            (vi) organizations that represent--
                                    (I) individuals with disabilities, 
                                including organizations that represent 
                                children with disabilities;
                                    (II) aging individuals;
                                    (III) individuals with a language 
                                barrier, including individuals who--
                                            (aa) are English learners; 
                                        or
                                            (bb) have low levels of 
                                        literacy;
                                    (IV) veterans;
                                    (V) individuals residing in rural 
                                areas; and
                                    (VI) incarcerated individuals in 
                                that State, other than individuals who 
                                are incarcerated in a Federal 
                                correctional facility (including a 
                                private facility operated under 
                                contract with the Federal Government);
                            (vii) civil rights organizations;
                            (viii) entities that carry out workforce 
                        development programs;
                            (ix) agencies of the State that are 
                        responsible for administering or supervising 
                        adult education and literacy activities in the 
                        State;
                            (x) public housing agencies whose 
                        jurisdictions are located in the State; and
                            (xi) a consortium of any of the entities 
                        described in clauses (i) through (x); and
                    (E) a list of organizations with which the 
                administering entity for the State collaborated in 
                developing and implementing the Plan.
            (2) Public availability.--
                    (A) In general.--The administering 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 30 days before the date on which the State 
                submits an application to the Assistant Secretary under 
                subsection (d)(2).
                    (B) Consideration of comments received.--The 
                administering entity for a State shall, with respect to 
                an application submitted to the Assistant Secretary 
                under subsection (d)(2)--
                            (i) before submitting the application--
                                    (I) consider all comments received 
                                during the comment period described in 
                                subparagraph (A) with respect to the 
                                application (referred to in this 
                                subparagraph as the ``comment 
                                period''); and
                                    (II) make any changes to the plan 
                                that the administering entity 
                                determines to be appropriate; and
                            (ii) when submitting the application--
                                    (I) describe any changes pursued by 
                                the administering entity in response to 
                                comments received during the comment 
                                period; and
                                    (II) include a written response to 
                                each comment received during the 
                                comment period.
            (3) Planning grants.--
                    (A) In general.--Beginning in the first fiscal year 
                that begins after the date of the enactment of this 
                Act, the Assistant Secretary shall, in accordance with 
                the requirements of this paragraph, award planning 
                grants to States for the purpose of developing the 
                State Digital Equity Plans of those States under this 
                subsection.
                    (B) Eligibility.--In order to be awarded a planning 
                grant under this paragraph, a State--
                            (i) shall submit to the Assistant Secretary 
                        an application under subparagraph (C); and
                            (ii) may not have been awarded, at any 
                        time, a planning grant under this paragraph.
                    (C) Application.--A State that wishes to be awarded 
                a planning grant under this paragraph shall, not later 
                than 60 days after the date on which the notice of 
                funding availability with respect to the grant is 
                released, submit to the Assistant Secretary an 
                application, in a format to be determined by the 
                Assistant Secretary, that contains the following 
                materials:
                            (i) A description of the entity selected to 
                        serve as the administering entity for the 
                        State, as described in subsection (b).
                            (ii) A certification from the State that, 
                        not later than 1 year after the date on which 
                        the Assistant Secretary awards the planning 
                        grant to the State, the administering entity 
                        for that State will submit to the Assistant 
                        Secretary a State Digital Equity Plan developed 
                        under this subsection, which will comply with 
                        the requirements of this subsection, including 
                        the requirements of paragraph (2).
                            (iii) The assurances required under 
                        subsection (e).
                    (D) Awards.--
                            (i) Amount of grant.--The amount of a 
                        planning grant awarded to an eligible State 
                        under this paragraph shall be determined 
                        according to the formula under subsection 
                        (d)(3)(A)(i).
                            (ii) Duration.--
                                    (I) In general.--Except as provided 
                                in subclause (II), with respect to a 
                                planning grant awarded to an eligible 
                                State under this paragraph, the State 
                                shall expend the grant funds during the 
                                1-year period beginning on the date on 
                                which the State is awarded the grant 
                                funds.
                                    (II) Exception.--The Assistant 
                                Secretary may grant an extension of not 
                                longer than 180 days with respect to 
                                the requirement under subclause (I).
                            (iii) Challenge mechanism.--The Assistant 
                        Secretary shall ensure that any eligible State 
                        to which a planning grant is awarded under this 
                        paragraph may appeal or otherwise challenge in 
                        a timely fashion the amount of the grant 
                        awarded to the State, as determined under 
                        clause (i).
                    (E) Use of funds.--An eligible State to which a 
                planning grant is awarded under this paragraph shall, 
                through the administering entity for that State, use 
                the grant funds only for the following purposes:
                            (i) To develop the State Digital Equity 
                        Plan of the State under this subsection.
                            (ii)(I) Subject to subclause (II), to make 
                        subgrants to any of the entities described in 
                        clauses (i) through (xi) of paragraph (1)(D) to 
                        assist in the development of the State Digital 
                        Equity Plan of the State under this subsection.
                            (II) If the administering entity for a 
                        State makes a subgrant described in subclause 
                        (I), the administering entity shall, with 
                        respect to the subgrant, provide to the State 
                        the assurances required under subsection (e).
    (d) State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the 
        date on which the Assistant Secretary begins awarding planning 
        grants under subsection (c)(3), the Assistant Secretary shall 
        each year award grants to eligible States to support--
                    (A) the implementation of the State Digital Equity 
                Plans of those States; and
                    (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant 
        under this subsection shall, not later than 60 days after the 
        date on which the notice of funding availability with respect 
        to the grant is released, submit to the Assistant Secretary an 
        application, in a format to be determined by the Assistant 
        Secretary, that contains the following materials:
                    (A) A description of the entity selected to serve 
                as the administering entity for the State, as described 
                in subsection (b).
                    (B) The State Digital Equity Plan of that State, as 
                described in subsection (c).
                    (C) A certification that the State, acting through 
                the administering entity for the State, shall--
                            (i) implement the State Digital Equity Plan 
                        of the State; and
                            (ii) make grants in a manner that is 
                        consistent with the aims of the Plan described 
                        in clause (i).
                    (D) The assurances required under subsection (e).
                    (E) In the case of a State to which the Assistant 
                Secretary has previously awarded a grant under this 
                subsection, any amendments to the State Digital Equity 
                Plan of that State, as compared with the State Digital 
                Equity Plan of the State previously submitted.
            (3) Awards.--
                    (A) Amount of grant.--
                            (i) Formula.--Subject to clauses (ii), 
                        (iii), and (iv), the Assistant Secretary shall 
                        calculate the amount of a grant awarded to an 
                        eligible State under this subsection in 
                        accordance with the following criteria, using 
                        the best available data for all States for the 
                        fiscal year in which the grant is awarded:
                                    (I) 50 percent of the total grant 
                                amount shall be based on the population 
                                of the eligible State in proportion to 
                                the total population of all eligible 
                                States.
                                    (II) 25 percent of the total grant 
                                amount shall be based on the number of 
                                individuals in the eligible State who 
                                are members of covered populations in 
                                proportion to the total number of 
                                individuals in all eligible States who 
                                are members of covered populations.
                                    (III) 25 percent of the total grant 
                                amount shall be based on the lack of 
                                availability of broadband 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 
                                States, which shall be determined 
                                according to data collected--
                                            (aa) from the annual 
                                        inquiry of the Commission 
                                        conducted under section 706(b) 
                                        of the Telecommunications Act 
                                        of 1996 (47 U.S.C. 1302(b));
                                            (bb) from the American 
                                        Community Survey or, if 
                                        necessary, other data collected 
                                        by the Bureau of the Census;
                                            (cc) from the Internet and 
                                        Computer Use Supplement to the 
                                        Current Population Survey of 
                                        the Bureau of the Census;
                                            (dd) by the Commission 
                                        pursuant to the rules issued 
                                        under section 802 of the 
                                        Communications Act of 1934 (47 
                                        U.S.C. 642); and
                                            (ee) from any other source 
                                        that the Assistant Secretary, 
                                        after appropriate notice and 
                                        opportunity for public comment, 
                                        determines to be appropriate.
                            (ii) Minimum award.--The amount of a grant 
                        awarded to an eligible State under this 
                        subsection in a fiscal year shall be not less 
                        than 0.5 percent of the total amount made 
                        available to award grants to eligible States 
                        for that fiscal year.
                            (iii) Additional amounts.--If, after 
                        awarding planning grants to States under 
                        subsection (c)(3) and capacity grants to 
                        eligible States under this subsection in a 
                        fiscal year, there are amounts remaining to 
                        carry out this section, the Assistant Secretary 
                        shall distribute those amounts--
                                    (I) to eligible States to which the 
                                Assistant Secretary has awarded grants 
                                under this subsection for that fiscal 
                                year; and
                                    (II) in accordance with the formula 
                                described in clause (i).
                            (iv) Data unavailable.--If, in a fiscal 
                        year, the Commonwealth of Puerto Rico (referred 
                        to in this clause as ``Puerto Rico'') is an 
                        eligible State and specific data for Puerto 
                        Rico is unavailable for a factor described in 
                        subclause (I), (II), or (III) of clause (i), 
                        the Assistant Secretary shall use the median 
                        data point with respect to that factor among 
                        all eligible States and assign it to Puerto 
                        Rico for the purposes of making any calculation 
                        under that clause for that fiscal year.
                    (B) Duration.--With respect to a grant awarded to 
                an eligible State under this subsection, the eligible 
                State shall expend the grant funds during the 5-year 
                period beginning on the date on which the eligible 
                State is awarded the grant funds.
                    (C) Challenge mechanism.--The 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 State, as determined under 
                subparagraph (A).
                    (D) Use of funds.--The administering entity for an 
                eligible State to which a grant is awarded under this 
                subsection shall use the grant amounts for the 
                following purposes:
                            (i)(I) Subject to subclause (II), to update 
                        or maintain the State Digital Equity Plan of 
                        the State.
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 20 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
                            (ii) To implement the State Digital Equity 
                        Plan of the State.
                            (iii)(I) Subject to subclause (II), to 
                        award a grant to any entity that is described 
                        in section 11202(b) and is located in the 
                        eligible State in order to--
                                    (aa) assist in the implementation 
                                of the State Digital Equity Plan of the 
                                State;
                                    (bb) pursue digital inclusion 
                                activities in the State consistent with 
                                the State Digital Equity Plan of the 
                                State; and
                                    (cc) report to the State regarding 
                                the digital inclusion activities of the 
                                entity.
                            (II) Before an administering entity for an 
                        eligible State may award a grant under 
                        subclause (I), the administering entity shall 
                        require the entity to which the grant is 
                        awarded to certify that--
                                    (aa) the entity shall carry out the 
                                activities required under items (aa), 
                                (bb), and (cc) of that subclause;
                                    (bb) the receipt of the grant shall 
                                not result in unjust enrichment of the 
                                entity; and
                                    (cc) the entity shall cooperate 
                                with any evaluation--
                                            (AA) of any program that 
                                        relates to a grant awarded to 
                                        the entity; and
                                            (BB) that is carried out by 
                                        or for the administering 
                                        entity, the Assistant 
                                        Secretary, or another Federal 
                                        official.
                            (iv)(I) Subject to subclause (II), to 
                        evaluate the efficacy of the efforts funded by 
                        grants made under clause (iii).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 5 
                        percent of the amount of the grant for a 
                        purpose described in subclause (I).
                            (v)(I) Subject to subclause (II), for the 
                        administrative costs incurred in carrying out 
                        the activities described in clauses (i) through 
                        (iv).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 3 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
            (1) if any of the entities described in clauses (i) through 
        (xi) of subsection (c)(1)(D) or section 11202(b) is awarded 
        grant funds under this section (referred to in this subsection 
        as a ``covered recipient''), provide that--
                    (A) the covered recipient shall use the grant funds 
                in accordance with any applicable statute, regulation, 
                or application procedure;
                    (B) the administering entity for that State shall 
                adopt and use proper methods of administering any grant 
                that the covered recipient is awarded, including by--
                            (i) enforcing any obligation imposed under 
                        law on any agency, institution, organization, 
                        or other entity that is responsible for 
                        carrying out the program to which the grant 
                        relates;
                            (ii) correcting any deficiency in the 
                        operation of a program to which the grant 
                        relates, as identified through an audit or 
                        another monitoring or evaluation procedure; and
                            (iii) adopting written procedures for the 
                        receipt and resolution of complaints alleging a 
                        violation of law with respect to a program to 
                        which the grant relates; and
                    (C) the administering entity for that State shall 
                cooperate in carrying out any evaluation--
                            (i) of any program that relates to a grant 
                        awarded to the covered recipient; and
                            (ii) that is carried out by or for the 
                        Assistant Secretary or another Federal 
                        official;
            (2) the administering entity for that State shall--
                    (A) use fiscal control and fund accounting 
                procedures that ensure the proper disbursement of, and 
                accounting for, any Federal funds that the State is 
                awarded under this section;
                    (B) submit to the Assistant Secretary any reports 
                that may be necessary to enable the Assistant Secretary 
                to perform the duties of the Assistant Secretary under 
                this section;
                    (C) maintain any records and provide any 
                information to the Assistant Secretary, including those 
                records, that the Assistant Secretary determines is 
                necessary to enable the Assistant Secretary to perform 
                the duties of the Assistant Secretary under this 
                section; and
                    (D) with respect to any significant proposed change 
                or amendment to the State Digital Equity Plan for the 
                State, make the change or amendment available for 
                public comment in accordance with subsection (c)(2); 
                and
            (3) the State, before submitting to the Assistant Secretary 
        the State Digital Equity Plan of the State, has complied with 
        the requirements of subsection (c)(2).
    (f) Termination of Grant.--
            (1) In general.--In addition to other authority under 
        applicable law, the Assistant Secretary shall terminate a grant 
        awarded to an eligible State under this section if, after 
        notice to the State and opportunity for a hearing, the 
        Assistant Secretary determines, and presents to the State a 
        rationale and supporting information that clearly demonstrates, 
        that--
                    (A) the grant funds are not contributing to the 
                development or implementation of the State Digital 
                Equity Plan of the State, as applicable;
                    (B) the State is not upholding assurances made by 
                the State to the Assistant Secretary under subsection 
                (e); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a 
        fiscal year, terminates a grant under paragraph (1) or under 
        other authority under applicable law, the Assistant Secretary 
        shall redistribute the unspent grant amounts--
                    (A) to eligible States to which the Assistant 
                Secretary has awarded grants under subsection (d) for 
                that fiscal year; and
                    (B) in accordance with the formula described in 
                subsection (d)(3)(A)(i).
    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which a grant, including 
                a subgrant, is awarded under this section to publicly 
                report, for each year during the period described in 
                subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, 
                with respect to the grant, and in a format specified by 
                the Assistant Secretary, on--
                            (i) the use of that grant by the entity;
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded; and
                            (iii) the implementation of the State 
                        Digital Equity Plan of the State;
                    (B) establish appropriate mechanisms to ensure that 
                any entity to which a grant, including a subgrant, is 
                awarded under this section--
                            (i) uses the grant amounts in an 
                        appropriate manner; and
                            (ii) complies with all terms with respect 
                        to the use of the grant amounts; and
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) the application of each State that has 
                        applied for a grant under this section;
                            (ii) the status of each application 
                        described in clause (i);
                            (iii) each report submitted by an entity 
                        under subparagraph (A);
                            (iv) a record of public comments received 
                        during the comment period described in 
                        subsection (c)(2)(A) regarding the State 
                        Digital Equity Plan of a State, as well as any 
                        written responses to or actions taken as a 
                        result of those comments; and
                            (v) 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 section; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under this section.
    (h) Supplement Not Supplant.--A grant or subgrant awarded under 
this section shall supplement, not supplant, other Federal or State 
funds that have been made available to carry out activities described 
in this section.
    (i) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to--
                            (i) States, or administering entities for 
                        States, to prepare the applications of those 
                        States; and
                            (ii) administering entities with respect to 
                        grants awarded under this section;
                    (C) developing the report required under section 
                11203(a); and
                    (D) providing assistance specific to Indian Tribes, 
                tribally designated entities, and Native Hawaiian 
                organizations, including--
                            (i) conducting annual outreach to Indian 
                        Tribes and Native Hawaiian organizations on the 
                        availability of technical assistance for 
                        applying for or otherwise participating in the 
                        Program;
                            (ii) providing technical assistance at the 
                        request of any Indian Tribe, tribally 
                        designated entity, 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 (c) and (d); and
                            (iii) providing additional technical 
                        assistance at the request of any Indian Tribe, 
                        tribally designated entity, or Native Hawaiian 
                        organization that is applying for or 
                        participating in the Program to improve the 
                        development or implementation of a Digital 
                        Equity plan, such as--
                                    (I) assessing all Federal programs 
                                that are available to assist the Indian 
                                Tribe, tribally designated entity, or 
                                Native Hawaiian organization in meeting 
                                the goals of a Digital Equity plan;
                                    (II) identifying all applicable 
                                Federal, State, and Tribal statutory 
                                provisions, regulations, policies, and 
                                procedures that the Assistant Secretary 
                                determines are necessary to adhere to 
                                for the deployment of broadband 
                                service;
                                    (III) identifying obstacles to the 
                                deployment of broadband service under a 
                                Digital Equity plan, as well as 
                                potential solutions; or
                                    (IV) identifying activities that 
                                may be necessary to the success of a 
                                Digital Equity plan, including digital 
                                literacy training, technical support, 
                                privacy and cybersecurity expertise, 
                                and other end-user technology needs; 
                                and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary--
            (1) for the award of grants under subsection (c)(3), 
        $60,000,000 for fiscal year 2022, and such amount is authorized 
        to remain available through fiscal year 2026; and
            (2) for the award of grants under subsection (d), 
        $625,000,000 for fiscal year 2022, and such amount is 
        authorized to remain available through fiscal year 2026.

SEC. 11202. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 30 days after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 11201(d), and not before that date, the Assistant 
        Secretary shall establish in the Office the Digital Equity 
        Competitive Grant Program (referred to in this section as the 
        ``Program''), the purpose of which is to award grants to 
        support efforts to achieve digital equity, promote digital 
        inclusion activities, and spur greater adoption of broadband 
        service among covered populations.
            (2) Consultation; no conflict.--In establishing the Program 
        under paragraph (1), the Assistant Secretary--
                    (A) may consult a State with respect to--
                            (i) the identification of groups described 
                        in subparagraphs (A) through (H) of section 
                        10001(6) located in that State; and
                            (ii) the allocation of grant funds within 
                        that State for projects in or affecting the 
                        State; and
                    (B) shall--
                            (i) consult with--
                                    (I) the Secretary of Agriculture;
                                    (II) the Secretary of Housing and 
                                Urban Development;
                                    (III) the Secretary of Education;
                                    (IV) the Secretary of Labor;
                                    (V) the Secretary of Health and 
                                Human Services;
                                    (VI) the Secretary of Veterans 
                                Affairs;
                                    (VII) the Secretary of the 
                                Interior;
                                    (VIII) the Assistant Secretary for 
                                Indian Affairs of the Department of the 
                                Interior;
                                    (IX) the Commission;
                                    (X) the Federal Trade Commission;
                                    (XI) the Director of the Institute 
                                of Museum and Library Services;
                                    (XII) the Administrator of the 
                                Small Business Administration;
                                    (XIII) the Federal Cochairman of 
                                the Appalachian Regional Commission; 
                                and
                                    (XIV) the head of any other Federal 
                                agency that the Assistant Secretary 
                                determines to be appropriate; and
                            (ii) ensure that the Program complements 
                        and enhances, and does not conflict with, other 
                        Federal broadband support programs and 
                        Universal Service Fund Programs.
    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 11201(b):
            (1) A political subdivision, agency, or instrumentality of 
        a State, including an agency of a State that is responsible for 
        administering or supervising adult education and literacy 
        activities in the State.
            (2) An Indian Tribe, a tribally designated entity, or a 
        Native Hawaiian organization.
            (3) An entity that is--
                    (A) a not-for-profit entity; and
                    (B) not a school.
            (4) An anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development 
        program.
            (7) A consortium of any of the entities described in 
        paragraphs (1) through (6).
            (8) A consortium of--
                    (A) an entity described in any of paragraphs (1) 
                through (6); and
                    (B) an entity that--
                            (i) the Assistant Secretary, by rule, 
                        determines to be in the public interest; and
                            (ii) is not a school.
    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such 
        information as the Assistant Secretary may require; and
            (2) that--
                    (A) provides a detailed explanation of how the 
                entity will use any grant amounts awarded under the 
                Program to carry out the purposes of the Program in an 
                efficient and expeditious manner;
                    (B) identifies the period in which the applicant 
                will expend the grant funds awarded under the Program;
                    (C) includes--
                            (i) a justification for the amount of the 
                        grant that the applicant is requesting; and
                            (ii) for each fiscal year in which the 
                        applicant will expend the grant funds, a budget 
                        for the activities that the grant funds will 
                        support;
                    (D) demonstrates to the satisfaction of the 
                Assistant Secretary that the entity--
                            (i) is capable of carrying out the project 
                        or function to which the application relates 
                        and the activities described in subsection 
                        (h)--
                                    (I) in a competent manner; and
                                    (II) in compliance with all 
                                applicable Federal, State, and local 
                                laws; and
                            (ii) if the applicant is an entity 
                        described in subsection (b)(1), will 
                        appropriate or otherwise unconditionally 
                        obligate from non-Federal sources funds that 
                        are necessary to meet the requirements of 
                        subsection (e);
                    (E) discloses to the Assistant Secretary the source 
                and amount of other Federal, State, or outside funding 
                sources from which the entity receives, or has applied 
                for, funding for activities or projects to which the 
                application relates; and
                    (F) provides--
                            (i) the assurances that are required under 
                        subsection (f); and
                            (ii) 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 manner.
    (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding 
        whether to award a grant under the Program, the Assistant 
        Secretary shall, to the extent practicable, consider--
                    (A) whether--
                            (i) an application will, if approved--
                                    (I) increase access to broadband 
                                service and the adoption of broadband 
                                service among covered populations to be 
                                served by the applicant; and
                                    (II) not result in unjust 
                                enrichment; and
                            (ii) the applicant is, or plans to 
                        subcontract with, a socially and economically 
                        disadvantaged small business concern;
                    (B) the comparative geographic diversity of the 
                application in relation to other eligible applications; 
                and
                    (C) the extent to which an application may 
                duplicate or conflict with another program.
            (2) Use of funds.--
                    (A) In general.--In addition to the activities 
                required under subparagraph (B), 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 activities:
                            (i) To develop and implement digital 
                        inclusion activities that benefit covered 
                        populations.
                            (ii) To facilitate the adoption of 
                        broadband service by covered populations, 
                        including by raising awareness of subsidies 
                        available to increase affordability of such 
                        service (including subsidies available through 
                        the Commission), in order to provide 
                        educational and employment opportunities to 
                        those populations.
                            (iii) To implement, consistent with the 
                        purposes of this part--
                                    (I) training programs for covered 
                                populations that cover basic, advanced, 
                                and applied skills; or
                                    (II) other workforce development 
                                programs.
                            (iv) To make available equipment, 
                        instrumentation, networking capability, 
                        hardware and software, or digital network 
                        technology for broadband service to covered 
                        populations at low or no cost.
                            (v) To construct, upgrade, expend, or 
                        operate new or existing public access computing 
                        centers for covered populations through anchor 
                        institutions.
                            (vi) To undertake any other project or 
                        activity that the Assistant Secretary finds to 
                        be consistent with the purposes for which the 
                        Program is established.
                    (B) Evaluation.--
                            (i) In general.--An entity to which the 
                        Assistant Secretary awards a grant under the 
                        Program shall use not more than 10 percent of 
                        the grant amounts to measure and evaluate the 
                        activities supported with the grant amounts.
                            (ii) 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 (i)--
                                    (I) in a manner specified by the 
                                Assistant Secretary;
                                    (II) not later than 15 months after 
                                the date on which the entity is awarded 
                                the grant amounts; and
                                    (III) annually after the submission 
                                described in subclause (II) for any 
                                year in which the entity expends grant 
                                amounts.
                    (C) Administrative costs.--An entity to which the 
                Assistant Secretary awards a grant under the Program 
                may use not more than 10 percent of the amount of the 
                grant for administrative costs in carrying out any of 
                the activities described in subparagraph (A).
                    (D) Time limitations.--With respect to a grant 
                awarded to an entity under the Program, the entity--
                            (i) except as provided in clause (ii), 
                        shall expend the grant amounts during the 4-
                        year period beginning on the date on which the 
                        entity is awarded the grant amounts; and
                            (ii) during the 1-year period beginning on 
                        the date that is 4 years after the date on 
                        which the entity is awarded the grant amounts, 
                        may continue to measure and evaluate the 
                        activities supported with the grant amounts, as 
                        required under subparagraph (B).
                    (E) Contracting requirements.--All laborers and 
                mechanics employed by contractors or subcontractors in 
                the performance of construction, alteration, or repair 
                work carried out, in whole or in part, 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 31 of title 40, United States Code. With 
                respect to the labor standards in this subparagraph, 
                the Secretary of Labor shall have the authority and 
                functions set forth in Reorganization Plan Numbered 14 
                of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 
                of title 40, United States Code.
                    (F) 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 (29 U.S.C. 151 et seq.).
                    (G) 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 enforcement, any 
                alleged violation of subparagraph (E) or (F) to the 
                National Labor Relations Board for investigation and 
                enforcement, utilizing all appropriate remedies up to 
                and including debarment from the Program.
    (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of any project for which the Assistant Secretary 
        awards a grant under the Program may not exceed 90 percent.
            (2) Exception.--The Assistant Secretary may grant a waiver 
        with respect to the limitation on the Federal share of a 
        project described in paragraph (1) if--
                    (A) the applicant with respect to the project 
                petitions the Assistant Secretary for the waiver; and
                    (B) the Assistant Secretary determines that the 
                petition described in subparagraph (A) demonstrates 
                financial need.
    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity will--
            (1) use any grant funds that the entity is awarded in 
        accordance with any applicable statute, regulation, or 
        application procedure;
            (2) adopt and use proper methods of administering any grant 
        that the entity is awarded, including by--
                    (A) enforcing any obligation imposed under law on 
                any agency, institution, organization, or other entity 
                that is responsible for carrying out a program to which 
                the grant relates;
                    (B) correcting any deficiency in the operation of a 
                program to which the grant relates, as identified 
                through an audit or another monitoring or evaluation 
                procedure; and
                    (C) adopting written procedures for the receipt and 
                resolution of complaints alleging a violation of law 
                with respect to a program to which the grant relates;
            (3) cooperate with respect to any evaluation--
                    (A) of any program that relates to a grant awarded 
                to the entity; and
                    (B) that is carried out by or for the Assistant 
                Secretary or another Federal official;
            (4) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the entity is awarded under the Program;
            (5) 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 Program; and
            (6) maintain any records and provide any information to the 
        Assistant Secretary, including those records, that the 
        Assistant Secretary determines is necessary to enable the 
        Assistant Secretary to perform the duties of the Assistant 
        Secretary under the Program.
    (g) Termination of Grant.--In addition to other authority under 
applicable law, the Assistant Secretary shall--
            (1) terminate a grant awarded to an entity under this 
        section if, after notice to the entity and opportunity for a 
        hearing, the Assistant Secretary determines, and presents to 
        the entity a rationale and supporting information that clearly 
        demonstrates, that--
                    (A) 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 (c);
                    (B) the entity is not upholding assurances made by 
                the entity to the Assistant Secretary under subsection 
                (f); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant; and
            (2) with respect to any grant funds that the Assistant 
        Secretary terminates under paragraph (1) or under other 
        authority under applicable law, competitively award the grant 
        funds to another applicant (if such an applicant exists), 
        consistent with the requirements of this section.
    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which the Assistant 
                Secretary awards a grant under the Program to, for each 
                year during the period described in clause (i) of 
                subsection (d)(2)(D) with respect to the grant and 
                during the period described in clause (ii) 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 period, 
                submit to the Assistant Secretary a report, in a format 
                specified by the Assistant Secretary, regarding--
                            (i) the use by the entity of the grant 
                        amounts; and
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded;
                    (B) establish mechanisms to ensure appropriate use 
                of, and compliance with respect to all terms regarding, 
                grant funds awarded under the Program;
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) a list of each entity that has applied 
                        for a grant under the Program;
                            (ii) a description of each application 
                        described in clause (i), including the proposed 
                        purpose of each grant described in that clause;
                            (iii) the status of each application 
                        described in clause (i), including whether the 
                        Assistant Secretary has awarded a grant with 
                        respect to the application and, if so, the 
                        amount of the grant;
                            (iv) each report submitted by an entity 
                        under subparagraph (A); and
                            (v) 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 Program; and
                    (D) ensure that any entity with respect to which an 
                award is terminated under subsection (g) may, in a 
                timely manner, appeal or otherwise challenge that 
                termination; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under the Program.
    (i) Supplement Not Supplant.--A grant awarded to an entity under 
the Program shall supplement, not supplant, other Federal or State 
funds that have been made available to the entity to carry out 
activities described in this section.
    (j) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to entities to prepare the 
                applications of those entities with respect to grants 
                awarded under this section;
                    (C) developing the report required under section 
                11203(a); and
                    (D) conducting outreach to entities that may be 
                eligible to be awarded a grant under the Program 
                regarding opportunities to apply for such a grant; and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary $625,000,000 to carry out this 
section for fiscal year 2022, and such amount is authorized to remain 
available through fiscal year 2026.

SEC. 11203. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, 
              EVALUATION, AND DISSEMINATION.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 11201(d), and annually thereafter, the Assistant 
        Secretary shall--
                    (A) submit to the appropriate committees of 
                Congress a report that documents, for the year covered 
                by the report--
                            (i) the findings of each evaluation 
                        conducted under subparagraph (B);
                            (ii) a list of each grant awarded under 
                        each covered program, which shall include--
                                    (I) the amount of each such grant;
                                    (II) the recipient of each such 
                                grant; and
                                    (III) the purpose for which each 
                                such grant was awarded;
                            (iii) any termination or modification of a 
                        grant awarded under the covered programs, which 
                        shall include a description of the subsequent 
                        usage of any funds to which such an action 
                        applies; and
                            (iv) each challenge made by an applicant 
                        for, or a recipient of, a grant under the 
                        covered programs and the outcome of each such 
                        challenge; and
                    (B) conduct evaluations of the activities carried 
                out under the covered programs, which shall include an 
                evaluation of--
                            (i) whether eligible States to which grants 
                        are awarded under the program established under 
                        section 11201 are--
                                    (I) abiding by the assurances made 
                                by those States under subsection (e) of 
                                that section;
                                    (II) meeting, or have met, the 
                                stated goals of the State Digital 
                                Equity Plans developed by the States 
                                under subsection (c) of that section;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (g) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program; and
                            (ii) whether entities to which grants are 
                        awarded under the program established under 
                        section 11202 are--
                                    (I) abiding by the assurances made 
                                by those entities under subsection (f) 
                                of that section;
                                    (II) meeting, or have met, the 
                                stated goals of those entities with 
                                respect to the use of the grant 
                                amounts;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those entities under subsection (h) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program.
            (2) Public availability.--The Assistant Secretary shall 
        make each report submitted under paragraph (1)(A) publicly 
        available in an online format that--
                    (A) facilitates access and ease of use;
                    (B) is searchable; and
                    (C) is accessible--
                            (i) to individuals with disabilities; and
                            (ii) in languages other than English.
    (b) Authority To Contract and Enter Into Other Arrangements.--The 
Assistant Secretary may award grants and enter into contracts, 
cooperative agreements, and other arrangements with Federal agencies, 
public and private organizations, and other entities with expertise 
that the Assistant Secretary determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities 
        supported by grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        covered programs, in order to achieve digital equity.
    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Assistant Secretary for Indian Affairs of the 
        Department of the Interior;
            (9) the Commission;
            (10) the Federal Trade Commission;
            (11) the Director of the Institute of Museum and Library 
        Services;
            (12) the Administrator of the Small Business 
        Administration;
            (13) the Federal Cochairman of the Appalachian Regional 
        Commission;
            (14) State agencies and governors of States (or equivalent 
        officials);
            (15) entities serving as administering entities for States 
        under section 11201(b);
            (16) national, State, Tribal, and local organizations that 
        conduct digital inclusion activities, promote digital equity, 
        or provide digital literacy services;
            (17) researchers, academics, and philanthropic 
        organizations; and
            (18) other agencies, organizations (including international 
        organizations), entities (including entities with expertise in 
        the fields of data collection, analysis and modeling, and 
        evaluation), and community stakeholders, as determined 
        appropriate by the Assistant Secretary.
    (d) 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 
programs, to ensure consistency in data reporting and to meet the 
objectives of this section.

SEC. 11204. GENERAL PROVISIONS.

    (a) Nondiscrimination.--
            (1) In general.--No individual in the United States may, on 
        the basis of actual or perceived race, color, religion, 
        national origin, sex, gender identity, sexual orientation, age, 
        or disability, be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under any 
        program or activity that is funded in whole or in part with 
        funds made available under this part.
            (2) Enforcement.--The Assistant Secretary shall effectuate 
        paragraph (1) with respect to any program or activity described 
        in that paragraph by issuing regulations and taking actions 
        consistent with section 602 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d-1).
            (3) Judicial review.--Judicial review of an action taken by 
        the Assistant Secretary under paragraph (2) shall be available 
        to the extent provided in section 603 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d-2).
    (b) Technological Neutrality.--The Assistant Secretary shall, to 
the extent practicable, carry out this part in a technologically 
neutral manner.
    (c) Audit and Oversight.--There are authorized to be appropriated 
to the Office of Inspector General of the Department of Commerce for 
audits and oversight of funds made available to carry out this part, 
$1,000,000 for fiscal year 2022, and such amount is authorized to 
remain available through fiscal year 2026.

      Subtitle B--Broadband Affordability and Pricing Transparency

                    PART 1--BROADBAND AFFORDABILITY

SEC. 12101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR THE EMERGENCY 
              BROADBAND CONNECTIVITY FUND.

    There are authorized to be appropriated to the Emergency Broadband 
Connectivity Fund established under subsection (i) of section 904 of 
title IX of division N of the Consolidated Appropriations Act, 2021 
(Public Law 116-260) $6,000,000,000 for fiscal year 2022 for the 
purposes described in paragraph (3) of such subsection, and such amount 
is authorized to remain available through fiscal year 2026.

SEC. 12102. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE 
              ELIGIBILITY VERIFIER.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the Commission shall establish a program to 
provide a grant, from amounts appropriated under subsection (d), to 
each eligible entity for the purpose described under subsection (b).
    (b) Purpose.--The Commission shall make a grant to each eligible 
entity for the purpose of establishing or amending a connection between 
the databases of such entity that contain information concerning the 
receipt by a household, or a member of a household, of benefits under a 
program administered by such entity (including any benefit provided 
under the supplemental nutrition assistance program under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)) and the National 
Lifeline Eligibility Verifier so that the receipt by a household, or a 
member of a household, of benefits under such benefits program--
            (1) is reflected in the National Lifeline Eligibility 
        Verifier; and
            (2) can be used to verify eligibility for--
                    (A) the Lifeline program established under subpart 
                E, part 54, of title 47, Code of Federal Regulations 
                (or any successor regulation); and
                    (B) the Emergency Broadband Benefit Program 
                established under section 904(b) of title IX of 
                division N of the Consolidated Appropriations Act, 2021 
                (Public Law 116-260).
    (c) Disbursement of Grant Funds.--Not later than 60 days after the 
program established under subsection (a) is established, funds provided 
under each grant made under such subsection shall be disbursed to the 
entity receiving such grant.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for fiscal year 2022 for the purposes of 
carrying out this section, and such amount is authorized to remain 
available through fiscal year 2026.
    (e) Eligible Entities.--In this section, the term ``eligible 
entity'' means an entity that--
            (1) is a State or Tribal entity; and
            (2) not later than 30 days after the date of the enactment 
        of this Act, submits to the Commission an application 
        containing such information as the Commission may require.

SEC. 12103. FEDERAL COORDINATION BETWEEN NATIONAL ELIGIBILITY VERIFIER 
              AND NATIONAL ACCURACY CLEARINGHOUSE.

    Notwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after 
the date of the enactment of this Act, the Commission shall, in 
coordination with the Secretary of Agriculture, establish an automated 
connection, to the maximum extent practicable, between the National 
Lifeline Eligibility Verifier and the National Accuracy Clearinghouse 
established under section 11(x) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2020(x)) for the supplemental nutrition assistance program.

SEC. 12104. DEFINITIONS.

    In this part:
            (1) Automated connection.--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 into any 
        other connected system.
            (2) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (3) Tribal entity.--The term ``Tribal entity'' means any of 
        the following:
                    (A) The governing body of any Indian or Alaska 
                Native Tribe, band, nation, pueblo, village, community, 
                component band, or component reservation, individually 
                recognized (including parenthetically) in the list 
                published most recently as of the date of enactment of 
                this Act pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131).
                    (B) The Department of Hawaiian Home Lands.

    PART 2--ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND

SEC. 12201. ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND.

    There is authorized to be appropriated to the Emergency 
Connectivity Fund established under section 7402(c) of the American 
Rescue Plan Act of 2021 $2,000,000,000 for fiscal year 2022 for the 
purposes described in such section, and such amount is authorized to 
remain available through fiscal year 2026.

                      PART 3--PRICING TRANSPARENCY

SEC. 12301. DEFINITIONS.

    In this part:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) 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 radio, such as by the use of 
        unlicensed spectrum.
            (3) Mobile broadband.--The term ``mobile broadband''--
                    (A) means broadband internet access service that 
                serves end users primarily using mobile stations;
                    (B) includes services that use smartphones or 
                mobile network-enabled tablets as the primary endpoints 
                for connection to the internet; and
                    (C) includes mobile satellite broadband internet 
                access services.
            (4) Provider.--The term ``provider'' means a provider of 
        fixed or mobile broadband internet access service.
            (5) 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 satellites.
            (6) 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 
        cable, DSL, and fiber.

SEC. 12302. BROADBAND TRANSPARENCY.

    (a) Rules.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, 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 broadband, fixed wireless broadband, 
        satellite broadband, and mobile broadband.
            (2) Updates.--Not later than 90 days after the date on 
        which rules are issued under paragraph (1), and when determined 
        to be necessary by the Commission thereafter, the Commission 
        shall revise such rules to verify the accuracy of data 
        submitted pursuant to such rules.
            (3) Redundancy avoidance.--Nothing in this section shall be 
        construed to require the Commission, in order to meet a 
        requirement of this section, to duplicate an activity that the 
        Commission is undertaking as of the date of the enactment of 
        this Act, if the Commission refers to such activity in the 
        rules issued under paragraph (1), such activity meets the 
        requirements of this section, and the Commission discloses such 
        activity to the public.
    (b) Content of Rules.--The rules issued by the Commission under 
subsection (a)(1) shall require the Commission to collect from each 
provider of terrestrial fixed broadband, fixed wireless broadband, 
mobile broadband, or satellite broadband, data that includes--
            (1) 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 service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the monthly price 
        charged to each subscribed household, including such charges 
        and fees;
            (2) 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 service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the mean monthly 
        price within the duration of subscription contracts offered to 
        each household, including such charges and fees;
            (3) either the subscription rate within each census block 
        for each distinct broadband internet access service plan or 
        tier of standalone broadband internet access service, or 
        information regarding the subscription status of each household 
        to which a subscription is offered;
            (4) 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--
                    (A) takes into account any discounts (or similar 
                price concessions); and
                    (B) identifies any additional taxes and fees 
                (including for the use of equipment related to the use 
                of a subscription for such service), any monthly data 
                usage limitation at the stated price, and the extent to 
                which the price of the service reflects inclusion 
                within a product bundle; and
            (5) data necessary to assess the resiliency of the 
        broadband internet access service network in the event of a 
        natural disaster or emergency.
    (c) Technical Assistance.--The Commission shall provide technical 
assistance to small providers (as defined by the Commission) of 
broadband internet access service, to ensure such providers can fulfill 
the requirements of this section.

SEC. 12303. DISTRIBUTION OF DATA.

    (a) Availability of Data.--Subject to subsection (b), the 
Commission shall make all data relating to broadband internet access 
service collected under rules required by this part available in a 
commonly used electronic format to--
            (1) other Federal agencies, including the National 
        Telecommunications and Information Administration, to assist 
        that agency in conducting the study required by subsection (g) 
        of section 903 of division FF of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260), as added by this 
        title;
            (2) a broadband office, public utility commission, 
        broadband mapping program, or other broadband program of a 
        State, in the case of data pertaining to the needs of that 
        State;
            (3) a unit of local government, in the case of data 
        pertaining to the needs of that locality; and
            (4) an individual or organization conducting research for 
        noncommercial purposes or public interest purposes.
    (b) Protection of Data.--
            (1) In general.--The Commission may not share any data 
        described in subsection (a) 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 data.
            (2) Determination of personally identifiable information.--
        The Commission--
                    (A) shall define the term ``personally identifiable 
                information'', for purposes of paragraph (1), through 
                notice and comment rulemaking; and
                    (B) may not share any data under subsection (a) 
                before completing the rulemaking under subparagraph 
                (A).
    (c) Balancing Access and Protection.--If the Commission is unable 
to determine under subsection (b)(1) that an entity or individual 
requesting access to data under subsection (a) has the capability to 
protect personally identifiable information contained in the data, the 
Commission shall make as much of the data available as possible in a 
format that does not compromise personally identifiable information, 
through methods such as anonymization.

SEC. 12304. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.

    Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 
644(b)(2)), as added by the Broadband DATA Act (Public Law 116-130), is 
amended--
            (1) in subparagraph (A)(ii), by striking the semicolon at 
        the end and inserting ``; and''; and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) coordinate with the Postmaster General, the 
                heads of other Federal agencies that operate delivery 
                fleet vehicles, and the Director of the Bureau of the 
                Census for assistance with data collection whenever 
                coordination could feasibly yield more specific 
                geographic data.''; and
            (3) by striking subparagraph (C).

SEC. 12305. ADOPTION OF CONSUMER BROADBAND LABELS.

    (a) Final Rule.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall promulgate regulations to 
promote and incentivize the widespread adoption of broadband consumer 
labels, as described in the Public Notice of the Commission issued on 
April 4, 2016 (DA 16-357), to disclose to consumers information 
regarding broadband internet access service plans.
    (b) Hearings.--In issuing the final rule under subsection (a), the 
Commission shall conduct a series of public hearings to assess, at the 
time of the proceeding--
            (1) how consumers evaluate broadband internet access 
        service plans; and
            (2) whether disclosures to consumers of information 
        regarding broadband internet access service plans, including 
        those required under section 8.1 of title 47, Code of Federal 
        Regulations, are available, effective, and sufficient.

SEC. 12306. GAO REPORT.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit to the 
Committee on Energy and Commerce of the House of Representatives, the 
Committee on Agriculture of the House of Representatives, the Committee 
on Transportation and Infrastructure of the House of the 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, the Committee on Environment and Public Works of the 
Senate, and the Committee on Agriculture, Nutrition, and Forestry of 
the Senate, a report that evaluates the process used by the Commission 
for establishing, reviewing, and updating the upload and download 
broadband internet access service speed thresholds, including--
            (1) how the Commission reviews and updates broadband 
        internet access speed thresholds;
            (2) whether the Commission considers future broadband 
        internet access service speed needs when establishing broadband 
        internet access service speed thresholds, including whether the 
        Commission considers the need, or the anticipated need, for 
        higher upload or download broadband internet access service 
        speeds in the five-year period and the ten-year period after 
        the date on which a broadband internet access service speed 
        threshold is to be established; and
            (3) how the Commission considers the impacts of changing 
        uses of the internet in establishing, reviewing, or updating 
        broadband internet access service speed thresholds, including--
                    (A) the proliferation of internet-based business;
                    (B) working remotely and running a business from 
                home;
                    (C) video teleconferencing;
                    (D) distance learning;
                    (E) in-house web hosting; and
                    (F) cloud data storage.

                      Subtitle C--Broadband Access

                 PART 1--EXPANSION OF BROADBAND ACCESS

SEC. 13101. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    (a) In General.--Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the following new 
section:

``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    ``(a) Program Established.--Not later than 180 days after the date 
of the enactment of this section, the Commission, in consultation with 
the Assistant Secretary, shall establish a program to expand access to 
broadband service for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved anchor institutions in 
accordance with the requirements of this section that--
            ``(1) is separate from any universal service program 
        established pursuant to section 254; and
            ``(2) does not require funding recipients to be designated 
        as eligible telecommunications carriers under section 214(e).
    ``(b) Use of Program Funds.--
            ``(1) Expanding access to broadband service through 
        national system of competitive bidding.--Not later than 18 
        months after the date of the enactment of this section, the 
        Commission shall award 75 percent of the amounts appropriated 
        under subsection (g) through national systems of competitive 
        bidding to funding recipients only to expand access to 
        broadband service in unserved areas and areas with low-tier 
        service.
            ``(2) Expanding access to broadband service through 
        states.--
                    ``(A) Distribution of funds to states.--Not later 
                than 255 days after the date of the enactment of this 
                section, the Commission shall distribute 25 percent of 
                the amounts appropriated under subsection (g) among the 
                States, as follows:
                            ``(i) $100,000,000 shall be distributed to 
                        each of the 50 States, the District of 
                        Columbia, and Puerto Rico.
                            ``(ii) $100,000,000 shall be allocated 
                        equally among and distributed to the United 
                        States Virgin Islands, Guam, American Samoa, 
                        the Commonwealth of the Northern Mariana 
                        Islands, the Republic of the Marshall Islands, 
                        the Federated States of Micronesia, and the 
                        Republic of Palau.
                            ``(iii) The remainder shall be allocated 
                        among and distributed to the entities described 
                        in clause (i), in proportion to the population 
                        of each such entity.
                    ``(B) Public notice.--Not later than 195 days after 
                the date of the enactment of this section, the 
                Commission shall issue a public notice informing each 
                State and the public of the amounts to be distributed 
                under this paragraph. The notice shall include--
                            ``(i) 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 paragraph;
                            ``(ii) the date (which is 30 days after the 
                        date on which the public notice is issued) by 
                        which such acceptance or acceptance in part is 
                        due; and
                            ``(iii) the requirements as set forth under 
                        this section and as may be further prescribed 
                        by the Commission.
                    ``(C) Acceptance by states.--Not later than 30 days 
                after the date on which a public notice is issued under 
                subparagraph (B), 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 notice.
                    ``(D) Requirements for state receipt of amounts 
                distributed.--Each State accepting amounts distributed 
                under this paragraph--
                            ``(i) shall only award such amounts through 
                        statewide systems of competitive bidding, 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 
                        Commission;
                            ``(ii) shall make such awards only--
                                    ``(I) to funding recipients to 
                                expand access to broadband service in 
                                unserved areas and areas with low-tier 
                                service;
                                    ``(II) to funding recipients to 
                                expand access to broadband service to 
                                unserved anchor institutions; or
                                    ``(III) to funding recipients to 
                                expand access to broadband service in 
                                areas with mid-tier service, but only 
                                if a State does not have, or no longer 
                                has, any unserved areas or areas with 
                                low-tier service;
                            ``(iii) shall conduct separate systems of 
                        competitive bidding for awards made to unserved 
                        anchor institutions under clause (ii)(II), if a 
                        State awards any amounts distributed under this 
                        paragraph to unserved anchor institutions;
                            ``(iv) shall return any unused portion of 
                        amounts distributed under this paragraph to the 
                        Commission within 10 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 amounts; and
                            ``(v) may not use more than 5 percent of 
                        the amounts distributed under this paragraph to 
                        administer a system or systems of competitive 
                        bidding authorized by this paragraph.
            ``(3) Federal and state coordination.--The Commission, in 
        consultation with the Office of Internet Connectivity and 
        Growth, shall establish processes through the rulemaking under 
        subsection (e) to--
                    ``(A) permit a State to elect for the Commission to 
                conduct statewide systems of competitive bidding on 
                behalf of such State as part of, or in coordination 
                with, national systems of competitive bidding;
                    ``(B) assist States in conducting statewide systems 
                of competitive bidding;
                    ``(C) ensure that program funds awarded by the 
                Commission and program funds awarded by the States are 
                not used in the same areas; and
                    ``(D) ensure that program funds and funds awarded 
                through other Federal programs to expand broadband 
                service with a download speed of at least 100 megabits 
                per second, an upload speed of at least 100 megabits 
                per second, and latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications, are not used in the same areas.
    ``(c) Program Requirements.--
            ``(1) Technology neutrality required.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) in making awards may not favor a project 
        using any particular technology.
            ``(2) Gigabit performance funding.--The Commission shall 
        reserve 20 percent of the amounts to be awarded by the 
        Commission under subsection (b)(1), and each State shall 
        reserve 20 percent of the amounts distributed to such State 
        under subsection (b)(2), for bidders committing (with respect 
        to any particular project by such a bidder) to offer, not later 
        than the date that is 4 years after the date on which funding 
        is provided under this section for such project--
                    ``(A) broadband service with a download speed of at 
                least 1 gigabit per second, an upload speed of at least 
                1 gigabit per second, and latency that is sufficiently 
                low to allow multiple, simultaneous, real-time, 
                interactive applications; or
                    ``(B) in the case of a project to provide broadband 
                service to an unserved anchor institution, broadband 
                service with a download speed of at least 10 gigabits 
                per second per 1,000 users, an upload speed of at least 
                10 gigabits per second per 1,000 users, and latency 
                that is sufficiently low to allow multiple, 
                simultaneous, real-time, interactive applications.
            ``(3) System of competitive bidding process.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) shall structure the system of competitive 
        bidding process to--
                    ``(A) first hold a system of competitive bidding 
                only for bidders committing (with respect to any 
                particular project by such a bidder) to offer, not 
                later than the date that is 4 years after the date on 
                which funding is provided under this section for such 
                project--
                            ``(i) broadband service with a download 
                        speed of at least 1 gigabit per second, an 
                        upload speed of at least 1 gigabit per second, 
                        and latency that is sufficiently low to allow 
                        multiple, simultaneous, real-time, interactive 
                        applications; or
                            ``(ii) in the case of a project to provide 
                        broadband service to an unserved anchor 
                        institution, broadband service with a download 
                        speed of at least 10 gigabits per second per 
                        1,000 users, an upload speed of at least 10 
                        gigabits per second per 1,000 users, and 
                        latency that is sufficiently low to allow 
                        multiple, simultaneous, real-time, interactive 
                        applications; and
                    ``(B) after holding the system of competitive 
                bidding required by subparagraph (A), hold one or more 
                systems of competitive bidding, in areas not receiving 
                awards under subparagraph (A), to award funds for 
                projects in areas that are estimated to remain unserved 
                areas, areas with low-tier service, or (to the extent 
                permitted under this section) areas with mid-tier 
                service, or (to the extent permitted under this 
                section) for projects to offer broadband service to 
                anchor institutions that are estimated to remain 
                unserved anchor institutions, after the completion of 
                the projects for which funding is awarded under the 
                system of competitive bidding required by subparagraph 
                (A) or any previous system of competitive bidding under 
                this subparagraph.
            ``(4) 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 90 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 25 megabits per second, with 
        an upload speed of at least 3 megabits per second, and with 
        latency that is sufficiently low to allow multiple, 
        simultaneous, real-time, interactive applications. Such 
        projects shall be given priority in such system of competitive 
        bidding over all other projects, regardless of how many 
        preferences under paragraph (5) for which such other projects 
        qualify.
            ``(5) Funds preference.--There shall be a preference in a 
        system of competitive bidding, as determined by the entity 
        administering the system of competitive bidding (either a State 
        or the Commission), for any of the following projects:
                    ``(A) Projects with at least 20 percent matching 
                funds from non-Federal sources.
                    ``(B) Projects that would expand access to 
                broadband service on Tribal lands, as defined by the 
                Commission.
                    ``(C) Projects that would provide broadband service 
                with higher speeds than those specified in subsection 
                (d)(2), except in the case of funds awarded under 
                subparagraph (A) of paragraph (3).
                    ``(D) Projects that would expand access to 
                broadband service in advance of the time specified in 
                subsection (e)(5), except in the case of funds awarded 
                under subparagraph (A) of paragraph (3).
                    ``(E) Projects that would expand access to 
                broadband service to persistent poverty counties or 
                high-poverty areas at subsidized rates.
                    ``(F) Projects that, at least until the date that 
                is 10 years after the date of the enactment of this 
                section, would provide broadband service with 
                comparable speeds to those provided in areas that, on 
                the day before such date of enactment, were not 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service, with minimal future investment.
                    ``(G) Projects with support from the local 
                community, demonstrated by at least one letter of 
                support from local elected officials in the community.
                    ``(H) Projects that would provide for the 
                deployment of open-access broadband service networks.
            ``(6) Unserved areas and areas with low-tier or mid-tier 
        service.--In determining whether an area is an unserved area, 
        an area with low-tier service, 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 section, the Commission shall implement the 
        following requirements through the rulemaking described in 
        subsection (e):
                    ``(A) Data for initial determination.--To make an 
                initial determination as to whether an area is an 
                unserved area, an area with low-tier service, or an 
                area with mid-tier service or whether an anchor 
                institution is an unserved anchor institution, the 
                Commission shall--
                            ``(i) use the most accurate and granular 
                        data on the map created by the Commission under 
                        section 802(c)(1)(B);
                            ``(ii) refine the data described in clause 
                        (i) by using--
                                    ``(I) other data on access to 
                                broadband service obtained or purchased 
                                by the Commission;
                                    ``(II) other publicly available 
                                data or information on access to 
                                broadband service; and
                                    ``(III) other publicly available 
                                data or information on State broadband 
                                service deployment programs; and
                            ``(iii) not determine an area is not an 
                        unserved area, an area with low-tier service, 
                        or an area with mid-tier service, on the basis 
                        that one location within such area does not 
                        meet the definition of an unserved area, an 
                        area with low-tier service, or an area with 
                        mid-tier service.
                    ``(B) Initial determination.--The Commission shall 
                make an initial determination of the areas that are 
                unserved areas, areas with low-tier service, and areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions not later than 270 days 
                after the date of the enactment of this section.
                    ``(C) Challenge of determination.--
                            ``(i) In general.--The Commission shall 
                        provide for a process for challenging any 
                        initial determination regarding whether an area 
                        is an unserved area, an area with low-tier 
                        service, or an area with mid-tier service or 
                        whether an anchor institution is an unserved 
                        anchor institution that, at a minimum, provides 
                        not less than 45 days for a person to 
                        voluntarily submit information concerning--
                                    ``(I) the broadband service offered 
                                in the area, or a commitment to offer 
                                broadband service in the area that is 
                                subject to legal sanction if not 
                                performed; or
                                    ``(II) the broadband service 
                                offered to the anchor institution.
                            ``(ii) 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 person.
                    ``(D) Final determination.--The Commission shall 
                make a final determination of the areas that are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions within 1 year after the 
                date of the enactment of this section.
            ``(7) Notice, transparency, accountability, and oversight 
        required.--The program shall contain sufficient notice, 
        transparency, accountability, and oversight measures to provide 
        the public with notice of the assistance provided under this 
        section, and to deter waste, fraud, and abuse of program funds.
            ``(8) Competence.--
                    ``(A) Standards.--The Commission shall establish, 
                through the rulemaking described in subsection (e), 
                objective standards to determine that each provider of 
                broadband service seeking to participate in a system of 
                competitive bidding--
                            ``(i) is capable of carrying out the 
                        project in a competent manner in compliance 
                        with all applicable Federal, State, and local 
                        laws;
                            ``(ii) 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 
                        Commission; and
                            ``(iii) has the technical and operational 
                        capability to provide broadband services in the 
                        manner contemplated by the provider's bid in 
                        the system of competitive bidding, 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 question.
                    ``(B) Determinations regarding providers.--An 
                entity administering a system of competitive bidding 
                (either a State or the Commission) may not permit a 
                provider of broadband service to participate in the 
                system of competitive bidding unless the entity first 
                determines, after notice and an opportunity for public 
                comment, that the provider meets the standards 
                established under subparagraph (A).
            ``(9) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, 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 31 of title 40, United States Code. With respect to the 
        labor standards in this paragraph, the Secretary of Labor shall 
        have the authority and functions set forth in Reorganization 
        Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.
            ``(10) Rule of construction regarding environmental laws.--
        Nothing in this section shall be construed to affect--
                    ``(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.; commonly referred to as the `Clean 
                Water Act');
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(D) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(E) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.; commonly referred to as the `Resource 
                Conservation and Recovery Act'); or
                    ``(F) any State or local law that is similar to a 
                law listed in subparagraphs (A) through (E).
            ``(11) 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 
        enforcement, and any alleged violation of paragraph (9) or (12) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the program.
            ``(12) Labor organization.--
                    ``(A) In general.--Notwithstanding the National 
                Labor Relations Act (29 U.S.C. 151 et seq.), 
                subparagraphs (B) through (F) shall apply with respect 
                to any funding recipient who is an employer and any 
                labor organization who represents employees of a 
                funding recipient.
                    ``(B) 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 (29 U.S.C. 151 et seq.).
                    ``(C) Commencement of collective bargaining.--Not 
                later than 10 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 9(a) of the National Labor 
                Relations Act (29 U.S.C. 159(a)), or within such 
                further period as the parties agree upon, the parties 
                shall meet and commence to bargain collectively and 
                shall make every reasonable effort to conclude and sign 
                a collective bargaining agreement.
                    ``(D) Mediation and conciliation for failure to 
                reach a collective bargaining agreement.--
                            ``(i) In general.--If the parties have 
                        failed to reach an agreement before the date 
                        that is 90 days after the date on which 
                        bargaining is commenced under subparagraph (C), 
                        or any later date agreed upon by both parties, 
                        either party may notify the Federal Mediation 
                        and Conciliation Service of the existence of a 
                        dispute and request mediation.
                            ``(ii) Federal mediation and conciliation 
                        service.--Whenever a request is received under 
                        clause (i), the Director of the Federal 
                        Mediation and Conciliation Service shall 
                        promptly communicate with the parties and use 
                        best efforts, by mediation and conciliation, to 
                        bring them to agreement.
                    ``(E) Tripartite arbitration panel.--
                            ``(i) 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 30 days 
                        after the date on which such mediation or 
                        conciliation is commenced, or any later date 
                        agreed upon by both parties, the Service shall 
                        refer the dispute to a tripartite arbitration 
                        panel established in accordance with such 
                        regulations as may be prescribed by the 
                        Service, with one member selected by the labor 
                        organization, one member selected by the 
                        employer, and one neutral member mutually 
                        agreed to by the parties.
                            ``(ii) 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 years, unless amended during such period 
                        by written consent of the parties. Such 
                        decision shall be based on--
                                    ``(I) the employer's financial 
                                status and prospects;
                                    ``(II) the size and type of the 
                                employer's operations and business;
                                    ``(III) the employees' cost of 
                                living;
                                    ``(IV) the employees' ability to 
                                sustain themselves, their families, and 
                                their dependents on the wages and 
                                benefits they earn from the employer; 
                                and
                                    ``(V) the wages and benefits that 
                                other employers in the same business 
                                provide their employees.
                    ``(F) 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 wages, benefits, or working conditions.
                    ``(G) Parties defined.--In this paragraph, the term 
                `parties' means a labor organization that is newly 
                recognized or certified as a representative under 
                section 9(a) of the National Labor Relations Act (29 
                U.S.C. 159(a)) and the employer of the employees 
                represented by such organization.
    ``(d) Project Requirements.--Any project funded through the program 
shall meet the following requirements:
            ``(1) The project shall adhere to quality-of-service 
        standards as established by the Commission.
            ``(2) Except as provided in paragraphs (2) and (3) of 
        subsection (c), the project shall offer broadband service with 
        a download speed of at least 100 megabits per second, an upload 
        speed of at least 100 megabits per second, and latency that is 
        sufficiently low to allow multiple, simultaneous, real-time, 
        interactive applications.
            ``(3) The project shall offer broadband service at prices 
        that are comparable to, or lower than, the prices charged for 
        comparable levels of service in areas that were not unserved 
        areas, areas with low-tier service, or areas with mid-tier 
        service on the day before the date of the enactment of this 
        section.
            ``(4) For any project that involves laying fiber-optic 
        cables along a roadway, the project shall include interspersed 
        conduit access points at regular and short intervals.
            ``(5) The project shall incorporate prudent cybersecurity 
        and supply chain risk management practices, as specified by the 
        Commission through the rulemaking described in subsection (e), 
        in consultation with the Director of the National Institute of 
        Standards and Technology and the Assistant Secretary.
            ``(6) The project shall incorporate best practices, as 
        defined by the Commission, for ensuring reliability and 
        resiliency of the network during disasters.
            ``(7) Any funding recipient must agree to have the project 
        meet the requirements established under section 224, as if the 
        project were classified as a `utility' under such section. 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 (a)(1) of such section.
            ``(8) The project shall offer an affordable option for a 
        broadband service plan under which broadband service is 
        provided--
                    ``(A) with a download speed of at least 50 megabits 
                per second;
                    ``(B) with an upload speed of at least 50 megabits 
                per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
    ``(e) Rulemaking and Distribution and Award of Funds.--Not later 
than 180 days after the date of the enactment of this section, the 
Commission, in consultation with the Assistant Secretary, shall 
promulgate rules--
            ``(1) that implement the requirements of this section, as 
        appropriate;
            ``(2) that establish the design of and rules for the 
        national systems of competitive bidding;
            ``(3) that establish notice requirements for all systems of 
        competitive bidding authorized under this section that, at a 
        minimum, provide the public with notice of--
                    ``(A) the initial determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service;
                    ``(B) the final determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service after the process for challenging 
                the initial determination has concluded;
                    ``(C) which entities have applied to bid for 
                funding; and
                    ``(D) the results of any system of competitive 
                bidding, including identifying the funding recipients, 
                which areas each project will serve, the nature of the 
                service that will be provided by the project in each of 
                those areas, and how much funding the funding 
                recipients will receive in each of those areas;
            ``(4) that establish broadband service buildout milestones 
        and periodic certification by funding recipients to ensure that 
        the broadband service buildout milestones for all systems of 
        competitive bidding authorized under this section will be met;
            ``(5) that, except as provided in paragraphs (2) and (3) of 
        subsection (c), establish a maximum buildout timeframe of three 
        years beginning on the date on which funding is provided under 
        this section for a project;
            ``(6) that establish periodic reporting requirements for 
        funding recipients and that identify, at a minimum, the nature 
        of the service provided in each area for any system of 
        competitive bidding authorized under this section;
            ``(7) that establish standard penalties for the 
        noncompliance of funding recipients or projects with the 
        requirements as set forth under this section and as may be 
        further prescribed by the Commission for any system of 
        competitive bidding authorized under this section;
            ``(8) that establish procedures for recovery of funds, in 
        whole or in part, from funding recipients in the event of the 
        default or noncompliance of the funding recipient or project 
        with the requirements established under this section for any 
        system of competitive bidding authorized under this section; 
        and
            ``(9) that establish mechanisms to reduce waste, fraud, and 
        abuse within the program for any system of competitive bidding 
        authorized under this section.
    ``(f) Reports Required.--
            ``(1) Inspector general and comptroller general report.--
        Not later than June 30 and December 31 of each year following 
        the awarding of the first funds under the program, the 
        Inspector General of the Commission and the Comptroller General 
        of the United States shall submit to the Committees on Energy 
        and Commerce of the House of Representatives and Commerce, 
        Science, and Transportation of the Senate a report for the 
        previous 6 months that reviews the program. Such report shall 
        include any recommendations to address waste, fraud, and abuse.
            ``(2) State reports.--Any State that receives funds under 
        the program shall submit an annual report to the Commission on 
        how such funds were spent, along with a certification of 
        compliance with the requirements as set forth under this 
        section and as may be further prescribed by the Commission, 
        including a description of each service provided and the number 
        of individuals to whom the service was provided.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission $79,500,000,000 for fiscal year 2022 to 
carry out the program, and such amount is authorized to remain 
available through fiscal year 2026.
    ``(h) Definitions.--In this section:
            ``(1) Affordable option.--The term `affordable option' 
        means, with respect to a broadband service plan, that broadband 
        service is provided under such plan at a rate that is 
        determined by the Commission, in coordination with the Office 
        of Internet Connectivity and Growth, to be affordable for a 
        household with an income of 136 percent of the poverty 
        threshold, as determined by using criteria of poverty 
        established by the Bureau of the Census, for a four-person 
        household that includes two dependents under the age of 18.
            ``(2) Anchor institution.--The term `anchor institution'--
                    ``(A) means a public or private school, a library, 
                a medical or healthcare provider, a museum, a public 
                safety entity, a public housing agency (as defined in 
                section 3(b) of the United States Housing Act of 1937 
                (42 U.S.C. 1437a(b))), a community college, an 
                institution of higher education, a religious 
                organization, or any other community support 
                organization or agency; and
                    ``(B) includes any entity described in subparagraph 
                (A) that serves an Indian Tribe, tribally designated 
                entity, or Native Hawaiian organization.
            ``(3) 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 section.
            ``(4) Area with low-tier service.--The term `area with low-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 25 megabits 
                per second but less than 100 megabits per second;
                    ``(B) with an upload speed of at least 25 megabits 
                per second but less than 100 megabits per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(5) Area with mid-tier service.--The term `area with mid-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 100 
                megabits per second but less than 1 gigabit per second;
                    ``(B) with an upload speed of at least 100 megabits 
                per second but less than 1 gigabit per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(6) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            ``(7) Broadband service.--The term `broadband service'--
                    ``(A) means broadband internet access service that 
                is a mass-market retail service, or a service provided 
                to an anchor institution, by wire or radio that 
                provides the capability to transmit data to and receive 
                data from all or substantially all internet endpoints, 
                including any capabilities that are incidental to and 
                enable the operation of the communications service;
                    ``(B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    ``(C) does not include dial-up internet access 
                service.
            ``(8) Collective bargaining.--The term `collective 
        bargaining' means performance of the mutual obligation 
        described in section 8(d) of the National Labor Relations Act 
        (29 U.S.C. 158(d)).
            ``(9) Collective bargaining agreement.--The term 
        `collective bargaining agreement' means an agreement reached 
        through collective bargaining.
            ``(10) Funding recipient.--The term `funding recipient' 
        means an entity that receives funding for a project under this 
        section, which may include--
                    ``(A) a private entity, a public-private 
                partnership, a cooperative, and a Tribal or municipal 
                broadband service provider; and
                    ``(B) a consortium between any of the entities 
                described in subparagraph (A), including a consortium 
                that includes an investor-owned utility.
            ``(11) High-poverty area.--The term `high-poverty area' 
        means a census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-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 section. 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 section, such 
        term includes a census tract with a poverty rate of at least 20 
        percent, as measured by the most recent Island Areas decennial 
        census of the Bureau of the Census for which data is available 
        as of the year before the date of the enactment of this 
        section.
            ``(12) Indian tribe.--The term `Indian Tribe' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            ``(13) Institution of higher education.--The term 
        `institution of higher education'--
                    ``(A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    ``(B) includes a postsecondary vocational 
                institution.
            ``(14) Labor organization.--The term `labor organization' 
        has the meaning given the term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            ``(15) Native hawaiian organization.--The term `Native 
        Hawaiian organization' means any organization--
                    ``(A) that serves the interests of Native 
                Hawaiians;
                    ``(B) in which Native Hawaiians serve in 
                substantive and policymaking positions;
                    ``(C) that has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    ``(D) that is recognized for having expertise in 
                Native Hawaiian affairs, digital connectivity, or 
                access to broadband service.
            ``(16) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent, as determined in each of the 1990 and 2000 
        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 available. In the case of a 
        territory or possession of the United States, such term 
        includes any county equivalent area in Puerto Rico with a 
        poverty rate of at least 20 percent, as determined in each of 
        the 1990 and 2000 decennial censuses and in the most recent 5-
        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 section, or any other territory or 
        possession of the United States with a poverty rate of at least 
        20 percent, as determined in each of the 1990 and 2000 Island 
        Areas decennial censuses of the Bureau of the Census and in the 
        most recent Island Areas decennial census of the Bureau of the 
        Census for which data is available as of the year before the 
        date of the enactment of this section.
            ``(17) Postsecondary vocational institution.--The term 
        `postsecondary vocational institution' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            ``(18) Program.--Unless otherwise indicated, the term 
        `program' means the program established under subsection (a).
            ``(19) Project.--The term `project' means an undertaking by 
        a funding recipient under this section to construct and deploy 
        infrastructure for the provision of broadband service.
            ``(20) State.--The term `State' has the meaning given such 
        term in section 3, except that such term also includes the 
        Republic of the Marshall Islands, the Federated States of 
        Micronesia, and the Republic of Palau.
            ``(21) Tribally designated entity.--The term `tribally 
        designated entity' means an entity designated by an Indian 
        Tribe for purposes of paragraph (2)(B).
            ``(22) 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--
                    ``(A) with a download speed of at least 1 gigabit 
                per second per 1,000 users;
                    ``(B) with an upload speed of at least 1 gigabit 
                per second per 1,000 users; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(23) Unserved area.--The term `unserved area' means an 
        area where--
                    ``(A) the Commission reasonably believes there are 
                potential subscribers of broadband service; and
                    ``(B) at least 90 percent of the population has no 
                access to broadband service or does not have access to 
                broadband service offered--
                            ``(i) with a download speed of at least 25 
                        megabits per second;
                            ``(ii) with an upload speed of at least 25 
                        megabits per second; and
                            ``(iii) with latency that is sufficiently 
                        low to allow multiple, simultaneous, real-time, 
                        interactive applications.''.
    (b) Authorization of Appropriations for Tribal Broadband 
Connectivity Program.--
            (1) In general.--Section 905(c) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260) is 
        amended by adding at the end the following:
            ``(9) Authorization of appropriations.--There is authorized 
        to be appropriated to the Assistant Secretary $500,000,000 for 
        fiscal year 2022 to carry out the grant program under this 
        subsection, and such amount is authorized to remain available 
        through fiscal year 2026.''.
            (2) Conforming amendments.--Section 905 of division N of 
        the Consolidated Appropriations Act, 2021 (Public Law 116-260) 
        is amended--
                    (A) in subsection (c), by inserting ``or paragraph 
                (9) of this subsection'' after ``subsection (b)(1)'' 
                each place it appears; and
                    (B) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting after 
                                ``this Act'' the following: ``(and, in 
                                the case of the grant program under 
                                subsection (c), not earlier than 30 
                                days, and not later than 60 days, after 
                                the date of enactment of any other law 
                                making available amounts to carry out 
                                such program)''; and
                                    (II) in subparagraph (A), by 
                                inserting after ``eligible entities and 
                                covered partnerships'' the following: 
                                ``(or, in the case of a notice issued 
                                by reason of the enactment of a law, 
                                other than this Act, making available 
                                amounts to carry out the grant program 
                                under subsection (c), eligible 
                                entities)''; and
                            (ii) in paragraph (2)(A), by inserting 
                        after ``an eligible entity or covered 
                        partnership'' the following: ``(or, in the case 
                        of a notice issued by reason of the enactment 
                        of a law, other than this Act, making available 
                        amounts to carry out the grant program under 
                        subsection (c), an eligible entity)''.

SEC. 13102. TRIBAL INTERNET EXPANSION.

    Section 254(b)(3) of the Communications Act of 1934 (47 U.S.C. 
254(b)(3)) is amended by inserting ``and in Indian country (as defined 
in section 1151 of title 18, United States Code) and areas with high 
populations of Indian (as defined in section 19 of the Act of June 18, 
1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after ``high 
cost areas''.

        PART 2--BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION

SEC. 13201. SHORT TITLE.

    This part may be cited as the ``Broadband Infrastructure Finance 
and Innovation Act of 2021''.

SEC. 13202. DEFINITIONS.

    In this part:
            (1) BIFIA program.--The term ``BIFIA program'' means the 
        broadband infrastructure finance and innovation program 
        established under this part.
            (2) Broadband service.--The term ``broadband service''--
                    (A) means broadband internet access service that is 
                a mass-market retail service, or a service provided to 
                an entity described in paragraph (11)(B)(ii), by wire 
                or radio that provides the capability to transmit data 
                to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service;
                    (B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    (C) does not include dial-up internet access 
                service.
            (3) Eligible project costs.--The term ``eligible project 
        costs'' means amounts substantially all of which are paid by, 
        or for the account of, an obligor in connection with a project, 
        including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, historic preservation review, 
                permitting, preliminary engineering and design work, 
                and other preconstruction activities;
                    (B) construction and deployment phase activities, 
                including--
                            (i) construction, reconstruction, 
                        rehabilitation, replacement, and acquisition of 
                        real property (including land relating to the 
                        project and improvements to land), equipment, 
                        instrumentation, networking capability, 
                        hardware and software, and digital network 
                        technology;
                            (ii) environmental mitigation; and
                            (iii) construction contingencies; and
                    (C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction and deployment.
            (4) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under the BIFIA program 
        with respect to a project.
            (5) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            (6) Lender.--The term ``lender'' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    (A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    (B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            (7) Letter of interest.--The term ``letter of interest'' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Assistant Secretary on the website of the BIFIA program that--
                    (A) describes the project and the location, 
                purpose, and cost of the project;
                    (B) outlines the proposed financial plan, including 
                the requested credit assistance and the proposed 
                obligor;
                    (C) provides a status of environmental review; and
                    (D) provides information regarding satisfaction of 
                other eligibility requirements of the BIFIA program.
            (8) Line of credit.--The term ``line of credit'' means an 
        agreement entered into by the Assistant Secretary with an 
        obligor under section 13205 to provide a direct loan at a 
        future date upon the occurrence of certain events.
            (9) 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 lender.
            (10) Obligor.--The term ``obligor'' means a party that--
                    (A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                    (B) may be a corporation, company, partnership, 
                joint venture, trust, or governmental entity, agency, 
                or instrumentality.
            (11) Project.--The term ``project'' means a project--
                    (A) to construct and deploy infrastructure for the 
                provision of broadband service; and
                    (B) that the Assistant Secretary determines will--
                            (i) 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--
                                    (I) with a download speed of at 
                                least 100 megabits per second;
                                    (II) with an upload speed of at 
                                least 100 megabits per second; and
                                    (III) with latency that is 
                                sufficiently low to allow multiple, 
                                simultaneous, real-time, interactive 
                                applications; or
                            (ii) provide access or improved access to 
                        broadband service to--
                                    (I) schools, libraries, medical and 
                                healthcare providers, community 
                                colleges and other institutions of 
                                higher education, museums, religious 
                                organizations, and other community 
                                support organizations and entities to 
                                facilitate greater use of broadband 
                                service by or through such 
                                organizations;
                                    (II) organizations and agencies 
                                that provide outreach, access, 
                                equipment, and support services to 
                                facilitate greater use of broadband 
                                service by low-income, unemployed, 
                                aged, and otherwise vulnerable 
                                populations;
                                    (III) job-creating strategic 
                                facilities located within a State-
                                designated economic zone, Economic 
                                Development District designated by the 
                                Department of Commerce, Empowerment 
                                Zone designated by the Department of 
                                Housing and Urban Development, or 
                                Enterprise Community designated by the 
                                Department of Agriculture; or
                                    (IV) public safety agencies.
            (12) Project obligation.--The term ``project obligation'' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            (13) Public authority.--The term ``public authority'' means 
        a Federal, State, county, town or township, Indian Tribe, 
        municipal, or other local government or instrumentality with 
        authority to finance, build, operate, or maintain 
        infrastructure for the provision of broadband service.
            (14) 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 (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (15) 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 13204.
            (16) Small project.--The term ``small project'' means a 
        project having eligible project costs that are reasonably 
        anticipated not to equal or exceed $20,000,000.
            (17) 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--
                    (A) calculated on a net present value basis; and
                    (B) excluding administrative costs and any 
                incidental effects on governmental receipts or outlays 
                in accordance with the Federal Credit Reform Act of 
                1990 (2 U.S.C. 661 et seq.).
            (18) Substantial completion.--The term ``substantial 
        completion'' means, with respect to a project receiving credit 
        assistance under the BIFIA program--
                    (A) the commencement of the provision of broadband 
                service using the infrastructure being financed; or
                    (B) a comparable event, as determined by the 
                Assistant Secretary and specified in the credit 
                agreement.

SEC. 13203. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility.--
            (1) In general.--A project shall be eligible to receive 
        credit assistance under the BIFIA program if--
                    (A) the entity proposing to carry out the project 
                submits a letter of interest prior to submission of a 
                formal application for the project; and
                    (B) the project meets the criteria described in 
                this subsection.
            (2) Creditworthiness.--
                    (A) In general.--Except as provided in subparagraph 
                (B), to be eligible for assistance under the BIFIA 
                program, a project shall satisfy applicable 
                creditworthiness standards, which, at a minimum, shall 
                include--
                            (i) adequate coverage requirements to 
                        ensure repayment;
                            (ii) an investment-grade rating from at 
                        least two rating agencies on debt senior to the 
                        Federal credit instrument; and
                            (iii) a rating from at least two rating 
                        agencies on the Federal credit instrument.
                    (B) Small projects.--In order for a small project 
                to be eligible for assistance under the BIFIA program, 
                such project shall satisfy alternative creditworthiness 
                standards that shall be established by the Assistant 
                Secretary under section 13206 for purposes of this 
                paragraph.
            (3) Application.--A State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Assistant 
        Secretary shall submit a project application that is acceptable 
        to the Assistant Secretary.
            (4) Eligible project cost parameters for infrastructure 
        projects.--Eligible project costs shall be reasonably 
        anticipated to equal or exceed $2,000,000 in the case of a 
        project or program of projects--
                    (A) in which the applicant is a local government, 
                instrumentality of local government, or public 
                authority (other than a public authority that is a 
                Federal or State government or instrumentality);
                    (B) located on a facility owned by a local 
                government; or
                    (C) for which the Assistant Secretary determines 
                that a local government is substantially involved in 
                the development of the project.
            (5) Dedicated revenue sources.--The applicable Federal 
        credit instrument shall be repayable, in whole or in part, 
        from--
                    (A) amounts charged to--
                            (i) subscribers of broadband service for 
                        such service; or
                            (ii) subscribers of any related service 
                        provided over the same infrastructure for such 
                        related service;
                    (B) user fees;
                    (C) payments owing to the obligor under a public-
                private partnership; or
                    (D) other dedicated revenue sources that also 
                secure or fund the project obligations.
            (6) Applications where obligor will be identified later.--A 
        State, local government, agency or instrumentality of a State 
        or local government, or public authority may submit to the 
        Assistant Secretary an application under paragraph (3), under 
        which a private party to a public-private partnership will be--
                    (A) the obligor; and
                    (B) identified later through completion of a 
                procurement and selection of the private party.
            (7) Beneficial effects.--The Assistant Secretary shall 
        determine that financial assistance for the project under the 
        BIFIA program will--
                    (A) foster, if appropriate, partnerships that 
                attract public and private investment for the project;
                    (B) enable the project to proceed at an earlier 
                date than the project would otherwise be able to 
                proceed or reduce the lifecycle costs (including debt 
                service costs) of the project; and
                    (C) reduce the contribution of Federal grant 
                assistance for the project.
            (8) Project readiness.--To be eligible for assistance under 
        the BIFIA program, the applicant shall demonstrate a reasonable 
        expectation that the contracting process for the construction 
        and deployment of infrastructure for the provision of broadband 
        service through the project can commence by no later than 90 
        days after the date on which a Federal credit instrument is 
        obligated for the project under the BIFIA program.
            (9) Public sponsorship of private entities.--
                    (A) 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 Governments, the project shall be 
                publicly sponsored.
                    (B) Public sponsorship.--For purposes of this part, 
                a project shall be considered to be publicly sponsored 
                if the obligor can demonstrate, to the satisfaction of 
                the Assistant Secretary, that the project applicant has 
                consulted with the State, local, or Tribal government 
                in the area in which the project is located, or that is 
                otherwise affected by the project, and that such 
                government supports the proposal.
    (b) Selection Among Eligible Projects.--
            (1) 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 (a) shall receive credit assistance on terms 
        acceptable to the Assistant Secretary, if adequate funds are 
        available to cover the subsidy costs associated with the 
        Federal credit instrument.
            (2) Preliminary rating opinion letter.--The Assistant 
        Secretary shall require each project applicant to provide--
                    (A) a preliminary rating opinion letter from at 
                least one rating agency--
                            (i) indicating that the senior obligations 
                        of the project, which may be the Federal credit 
                        instrument, have the potential to achieve an 
                        investment-grade rating; and
                            (ii) including a preliminary rating opinion 
                        on the Federal credit instrument; or
                    (B) in the case of a small project, alternative 
                documentation that the Assistant Secretary shall 
                require in the standards established under section 
                13206 for purposes of this paragraph.
            (3) Technology neutrality required.--In selecting projects 
        to receive credit assistance under the BIFIA program, the 
        Assistant Secretary may not favor a project using any 
        particular technology.
            (4) Preference for open-access networks.--In selecting 
        projects to receive credit assistance under the BIFIA program, 
        the Assistant Secretary shall give preference to projects 
        providing for the deployment of open-access broadband service 
        networks.
    (c) Federal Requirements.--
            (1) In general.--The following provisions of law shall 
        apply to funds made available under the BIFIA program and 
        projects assisted with those funds:
                    (A) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    (B) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    (C) 54 U.S.C. 300101 et seq. (commonly referred to 
                as the ``National Historic Preservation Act'').
                    (D) The Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
            (2) NEPA.--No funding shall be obligated for a project that 
        has not received an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            (3) Title vi of the civil rights act of 1964.--For purposes 
        of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.), any project that receives credit assistance under the 
        BIFIA program shall be considered a program or activity within 
        the meaning of section 606 of such title (42 U.S.C. 2000d-4a).
            (4) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, 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 31 of title 40, United States 
        Code. With respect to the labor standards in this paragraph, 
        the Secretary of Labor shall have the authority and functions 
        set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
        1267; 5 U.S.C. App.) and section 3145 of title 40, United 
        States Code.
            (5) Neutrality requirement.--An employer receiving 
        assistance made available through a Federal credit instrument 
        under this part 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 (29 
        U.S.C. 151 et seq.).
            (6) 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 
        enforcement, and any alleged violation of paragraph (4) or (5) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the BIFIA program.
    (d) Application Processing Procedures.--
            (1) Notice of complete application.--Not later than 30 days 
        after the date of receipt of an application under this section, 
        the Assistant Secretary shall provide to the applicant a 
        written notice to inform the applicant whether--
                    (A) the application is complete; or
                    (B) additional information or materials are needed 
                to complete the application.
            (2) Approval or denial of application.--Not later than 60 
        days after the date of issuance of the written notice under 
        paragraph (1), the Assistant Secretary shall provide to the 
        applicant a written notice informing the applicant whether the 
        Assistant Secretary has approved or disapproved the 
        application.
            (3) Approval before nepa review.--Subject to subsection 
        (c)(2), an application for a project may be approved before the 
        project receives an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (e) Development Phase Activities.--Any credit instrument secured 
under the BIFIA program may be used to finance up to 100 percent of the 
cost of development phase activities as described in section 
13202(3)(A).

SEC. 13204. SECURED LOANS.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) and (3), the 
        Assistant Secretary may enter into agreements with one or more 
        obligors to make secured loans, the proceeds of which shall be 
        used--
                    (A) to finance eligible project costs of any 
                project selected under section 13203;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 13203; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if the refinancing provides 
                additional funding capacity for the completion, 
                enhancement, or expansion of any project that--
                            (i) is selected under section 13203; or
                            (ii) otherwise meets the requirements of 
                        section 13203.
            (2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B)--
                    (A) if the maturity of such interim construction 
                financing is later than 1 year after the substantial 
                completion of the project; and
                    (B) later than 1 year after the date of substantial 
                completion of the project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Assistant Secretary, in consultation 
        with the Director of the Office of Management and Budget, shall 
        determine an appropriate capital reserve subsidy amount for 
        each secured loan, taking into account each rating letter 
        provided by a rating agency under section 13203(b)(2)(A)(ii) 
        or, in the case of a small project, the alternative 
        documentation provided under section 13203(b)(2)(B).
    (b) Terms and Limitations.--
            (1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of 49 percent of the 
        reasonably anticipated eligible project costs or, if the 
        secured loan is not for a small project and does not receive an 
        investment-grade rating, the amount of the senior project 
        obligations.
            (3) Payment.--A secured loan under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (5) Maturity date.--The final maturity date of the secured 
        loan shall be the lesser of--
                    (A) 35 years after the date of substantial 
                completion of the project; and
                    (B) if the useful life of the infrastructure for 
                the provision of broadband service being financed is of 
                a lesser period, the useful life of the infrastructure.
            (6) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the secured loan shall not be subordinated to the 
                claims of any holder of project obligations in the 
                event of bankruptcy, insolvency, or liquidation of the 
                obligor.
                    (B) Preexisting indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement under subparagraph 
                        (A) for a public agency borrower that is 
                        financing ongoing capital programs and has 
                        outstanding senior bonds under a preexisting 
                        indenture, if--
                                    (I) the secured loan--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 13206 for purposes of 
                                        this subclause;
                                    (II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such 
                                as a tax-backed revenue pledge or a 
                                system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost, if any.
            (7) 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 section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under the BIFIA program, if the loan is repayable from non-
        Federal funds--
                    (A) may be used for any non-Federal share of 
                project costs required under this part; and
                    (B) shall not count toward the total Federal 
                assistance provided for a project for purposes of 
                paragraph (9).
            (9) Maximum federal involvement.--The total Federal 
        assistance provided for a project receiving a loan under the 
        BIFIA program shall not exceed 80 percent of the total project 
        cost.
    (c) Repayment.--
            (1) Schedule.--The Assistant Secretary shall establish a 
        repayment schedule for each secured loan under this section 
        based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            (3) Deferred payments.--
                    (A) In general.--If, at any time after the date of 
                substantial completion of the project, the project is 
                unable to generate sufficient revenues to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Assistant Secretary may, subject 
                to subparagraph (C), allow the obligor to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting criteria established by the 
                        Assistant Secretary.
                            (ii) Repayment standards.--The criteria 
                        established pursuant to clause (i) shall 
                        include standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) 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 agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    (B) 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 
                sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Assistant Secretary may sell to 
        another entity or reoffer into the capital markets a secured 
        loan for the project if the Assistant Secretary determines that 
        the sale or reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Assistant Secretary may not change the 
        original terms and conditions of the secured loan without the 
        written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Assistant Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan under 
        this section if the Assistant Secretary determines that the 
        budgetary cost of the loan guarantee is substantially the same 
        as that of a secured loan.
            (2) Terms.--The terms of a loan guarantee under paragraph 
        (1) shall be consistent with the terms required under this 
        section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Assistant Secretary.
    (f) Streamlined Application Process.--
            (1) In general.--The Assistant Secretary shall develop one 
        or more expedited application processes, available at the 
        request of entities seeking secured loans under the BIFIA 
        program, that use a set or sets of conventional terms 
        established pursuant to this section.
            (2) Terms.--In establishing the streamlined application 
        process required by this subsection, the Assistant Secretary 
        may allow for an expedited application period and include terms 
        such as those that require--
                    (A) that the project be a small project;
                    (B) the secured loan to be secured and payable from 
                pledged revenues not affected by project performance, 
                such as a tax-backed revenue pledge, tax increment 
                financing, or a system-backed pledge of project 
                revenues; and
                    (C) repayment of the loan to commence not later 
                than 5 years after disbursement.

SEC. 13205. LINES OF CREDIT.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) through (4), the 
        Assistant Secretary may enter into agreements to make available 
        to one or more 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 13203.
            (2) Use of proceeds.--The proceeds of a line of credit made 
        available under this section shall be available to pay debt 
        service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
            (3) Risk assessment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), before entering into an agreement under this 
                subsection, the Assistant Secretary, in consultation 
                with the Director of the Office of Management and 
                Budget and each rating agency providing a preliminary 
                rating opinion letter under section 13203(b)(2)(A), 
                shall determine an appropriate capital reserve subsidy 
                amount for each line of credit, taking into account the 
                rating opinion letter.
                    (B) Small projects.--Before entering into an 
                agreement under this subsection to make available a 
                line of credit for a small project, the Assistant 
                Secretary, in consultation with the Director of the 
                Office of Management and Budget, shall determine an 
                appropriate capital reserve subsidy amount for each 
                such line of credit, taking into account the 
                alternative documentation provided under section 
                13203(b)(2)(B) instead of preliminary rating opinion 
                letters provided under section 13203(b)(2)(A).
            (4) Investment-grade rating requirement.--The funding of a 
        line of credit under this section shall be contingent on--
                    (A) the senior obligations of the project receiving 
                an investment-grade rating from 2 rating agencies; or
                    (B) in the case of a small project, the project 
                meeting an alternative standard that the Assistant 
                Secretary shall establish under section 13206 for 
                purposes of this paragraph.
    (b) Terms and Limitations.--
            (1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amounts.--The total amount of a line of credit 
        under this section shall not exceed 33 percent of the 
        reasonably anticipated eligible project costs.
            (3) Draws.--Any draw on a line of credit under this section 
        shall--
                    (A) represent a direct loan; and
                    (B) be made only if net revenues from the project 
                (including capitalized interest, but not including 
                reasonably required financing reserves) are 
                insufficient to pay the costs specified in subsection 
                (a)(2).
            (4) 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 30-year United States Treasury securities, as 
        of the date of execution of the line of credit agreement.
            (5) Security.--A line of credit issued under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (6) Period of availability.--The full amount of a line of 
        credit under this section, to the extent not drawn upon, shall 
        be available during the 10-year period beginning on the date of 
        substantial completion of the project.
            (7) Rights of third-party creditors.--
                    (A) Against federal government.--A third-party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on a line of credit under this section.
                    (B) Assignment.--An obligor may assign a line of 
                credit under this section to--
                            (i) one or more lenders; or
                            (ii) a trustee on the behalf of such a 
                        lender.
            (8) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a direct loan under this section shall not be 
                subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    (B) Pre-existing indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement of subparagraph (A) 
                        for a public agency borrower that is financing 
                        ongoing capital programs and has outstanding 
                        senior bonds under a preexisting indenture, 
                        if--
                                    (I) the line of credit--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 13206 for purposes of 
                                        this subclause;
                                    (II) the BIFIA program loan 
                                resulting from a draw on the line of 
                                credit is payable from pledged revenues 
                                not affected by project performance, 
                                such as a tax-backed revenue pledge or 
                                a system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            (9) 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 
        section.
            (10) 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 
        13204 in an amount that, combined with the amount of the line 
        of credit, exceeds 49 percent of eligible project costs.
    (c) Repayment.--
            (1) Terms and conditions.--The Assistant Secretary shall 
        establish repayment terms and conditions for each direct loan 
        under this section based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Timing.--All repayments of principal or interest on a 
        direct loan under this section shall be scheduled--
                    (A) to commence not later than 5 years after the 
                end of the period of availability specified in 
                subsection (b)(6); and
                    (B) to conclude, with full repayment of principal 
                and interest, by the date that is 25 years after the 
                end of the period of availability specified in 
                subsection (b)(6).

SEC. 13206. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL 
              PROJECTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary shall establish alternative, streamlined 
prudential lending standards for small projects receiving credit 
assistance under the BIFIA program to ensure that such projects pose no 
additional risk to the Federal Government, as compared with projects 
that are not small projects.

SEC. 13207. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Assistant Secretary shall establish a uniform 
system to service the Federal credit instruments made available under 
the BIFIA program.
    (b) Fees.--The Assistant Secretary may collect and spend fees, 
contingent on authority being provided in appropriations Acts, at a 
level that is sufficient to cover--
            (1) the costs of services of expert firms retained pursuant 
        to subsection (d); and
            (2) all or a portion of the costs to the Federal Government 
        of servicing the Federal credit instruments.
    (c) Servicer.--
            (1) In general.--The Assistant Secretary may appoint a 
        financial entity to assist the Assistant Secretary in servicing 
        the Federal credit instruments.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Assistant Secretary.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Assistant 
        Secretary.
    (d) Assistance From Expert Firms.--The Assistant Secretary may 
retain the services of expert firms, including counsel, in the field of 
municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.
    (e) 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 program.
    (f) Assistance to Small Projects.--Of the amount appropriated under 
section 13210(a), and after the set-aside for administrative expenses 
under section 13210(b), not less than 20 percent shall be made 
available for the Assistant Secretary to use in lieu of fees collected 
under subsection (b) for small projects.

SEC. 13208. STATE AND LOCAL PERMITS.

    The provision of credit assistance under the BIFIA program with 
respect to a project shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 13209. REGULATIONS.

    The Assistant Secretary may promulgate such regulations as the 
Assistant Secretary determines to be appropriate to carry out the BIFIA 
program.

SEC. 13210. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Assistant Secretary $5,000,000,000 for fiscal year 
2022 to carry out this part, and such amount is authorized to remain 
available through fiscal year 2026.
    (b) Administrative Expenses.--Of the amount appropriated under 
subsection (a), the Assistant Secretary may use not more than 5 percent 
for the administration of the BIFIA program.

SEC. 13211. REPORTS TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and every 2 years thereafter, the Assistant 
Secretary shall submit to Congress a report summarizing the financial 
performance of the projects that are receiving, or have received, 
assistance under the BIFIA program, including a recommendation as to 
whether the objectives of the BIFIA program are best served by--
            (1) continuing the program under the authority of the 
        Assistant Secretary; or
            (2) establishing a Federal corporation or federally 
        sponsored enterprise to administer the program.
    (b) Application Process Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Assistant Secretary shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the 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 year.
            (2) Inclusions.--
                    (A) In general.--Each report under paragraph (1) 
                shall include, at a minimum, a description of, with 
                respect to each letter of interest and application 
                included in the report--
                            (i) the date on which the letter of 
                        interest or application was received;
                            (ii) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        application was complete or incomplete;
                            (iii) the date on which a revised and 
                        completed application was submitted (if 
                        applicable);
                            (iv) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        project was approved or disapproved; and
                            (v) if the project was not approved, the 
                        reason for the disapproval.
                    (B) Correspondence.--Each report under paragraph 
                (1) shall include copies of any correspondence provided 
                to the applicant in accordance with section 13203(d).

                     PART 3--WI-FI ON SCHOOL BUSES

SEC. 13301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.

    (a) Definition.--In this section, the term ``school bus'' means a 
passenger motor vehicle that is--
            (1) designed to carry a driver and not less than 5 
        passengers; and
            (2) used significantly to transport early child education, 
        elementary school, or secondary school students to or from 
        school or an event related to school.
    (b) Rulemaking.--Notwithstanding the limitations under paragraphs 
(1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934 
(47 U.S.C. 254(h)) regarding the authorized recipients and uses of 
discounted telecommunications services, not later than 180 days after 
the date of enactment of this Act, 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 54 of title 47, Code of Federal 
Regulations.

                    Subtitle D--Community Broadband

SEC. 14001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP 
              BROADBAND SERVICES.

    Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) 
is amended--
            (1) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) State, Local, Public-Private Partnership, and Co-Op Advanced 
Telecommunications Capability and Services.--
            ``(1) In general.--No State statute, regulation, or other 
        State legal requirement may prohibit or have the effect of 
        prohibiting any public provider, public-private partnership 
        provider, or cooperatively organized provider from providing, 
        to any person or any public or private entity, advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such 
        provider.
            ``(2) Antidiscrimination safeguards.--
                    ``(A) Public providers.--To the extent any public 
                provider regulates competing private providers of 
                advanced telecommunications capability or services that 
                utilize advanced telecommunications capability, 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 capability.
                    ``(B) 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 capability, 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 capability.
            ``(3) Savings clause.--Nothing in this subsection shall 
        exempt a public provider, public-private partnership provider, 
        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 capability.''; 
        and
            (2) in subsection (e), as redesignated--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this subsection'' and inserting ``this 
                section'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) 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 capability, or any service 
        that utilizes such advanced telecommunications capability, to 
        any person or public or private entity.''; and
                    (D) by adding at the end the following:
            ``(4) Public provider.--The term `public provider' means a 
        State or local entity that provides advanced telecommunications 
        capability, or any service that utilizes such advanced 
        telecommunications capability, to any person or public or 
        private entity.
            ``(5) Public-private partnership provider.--The term 
        `public-private partnership provider' means a public-private 
        partnership, between a State or local entity and a private 
        entity, that provides advanced telecommunications capability, 
        or any service that utilizes such advanced telecommunications 
        capability, to any person or public or private entity.
            ``(6) State or local entity.--The term `State or local 
        entity' means a State or political subdivision thereof, any 
        agency, authority, or instrumentality of a State or political 
        subdivision thereof, or an Indian Tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5304(e))).''.

                   Subtitle E--Next Generation 9-1-1

SEC. 15001. FURTHER DEPLOYMENT OF NEXT GENERATION 9-1-1.

    (a) Findings.--Congress finds the following:
            (1) The 9-1-1 systems of the United States, while a model 
        for the entire world, lack the advanced functionality, 
        interoperability, reliability, and capabilities that come with 
        the adoption of new digital communications technologies.
            (2) Communications technologies currently available to the 
        public, including first responders and other public safety 
        personnel, have substantially outpaced the legacy 
        communications technologies still used by most emergency 
        communications centers in the 9-1-1 systems of the United 
        States.
            (3) This lack of modern technology, when coupled with other 
        challenges, is impacting the ability of the 9-1-1 systems of 
        the United States to efficiently and effectively provide 
        responses to emergencies.
            (4) Modernizing the 9-1-1 systems of the United States to 
        incorporate the new and evolving capabilities of broadband 
        voice and data communications is essential for the safety and 
        security of the public, including first responders and other 
        public safety personnel.
            (5) Efforts to modernize the 9-1-1 systems of the United 
        States to date, while laudable and important, have been limited 
        due to a lack of funding and inconsistent or unclear policies 
        related to the governance, deployment, and operations of Next 
        Generation 9-1-1.
            (6) A nationwide strategy for Next Generation 9-1-1 has 
        become essential to help guide the transition and create a 
        common framework for implementation of Next Generation 9-1-1 
        while preserving State, regional, and local control over the 
        governance and technology choices of the 9-1-1 systems of the 
        United States.
            (7) Accelerated implementation of Next Generation 9-1-1 
        will--
                    (A) increase compatibility with emerging 
                communications trends;
                    (B) enhance the flexibility, reliability, and 
                survivability of the 9-1-1 systems of the United States 
                during major incidents;
                    (C) improve emergency response for the public, 
                including first responders and other public safety 
                personnel;
                    (D) promote the interoperability of the 9-1-1 
                systems of the United States with emergency response 
                providers including users of the Nationwide Public 
                Safety Broadband Network being deployed by the First 
                Responder Network Authority; and
                    (E) increase the cost effectiveness of operating 
                the 9-1-1 systems of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the 9-1-1 professionals in the United States perform 
        important and lifesaving work every day, and need the tools and 
        communications technologies to perform the work effectively in 
        a world with digital communications technologies;
            (2) the transition from the legacy communications 
        technologies used in the 9-1-1 systems of the United States to 
        Next Generation 9-1-1 is a national priority and a national 
        imperative;
            (3) the United States should complete the transition 
        described in paragraph (2) as soon as practicable;
            (4) the United States should develop a nationwide framework 
        that facilitates cooperation among Federal, State, and local 
        officials on deployment of Next Generation 9-1-1 in order to 
        meet that goal;
            (5) the term ``Public Safety Answering Point'' becomes 
        outdated in a broadband environment and 9-1-1 centers are 
        increasingly and appropriately being referred to as emergency 
        communications centers; and
            (6) 9-1-1 authorities and emergency communications centers 
        should have sufficient resources to implement Next Generation 
        9-1-1, including resources to support associated geographic 
        information systems (commonly known as ``GIS''), and 
        cybersecurity measures.
    (c) Statement of Policy.--It is the policy of the United States 
that--
            (1) Next Generation 9-1-1 should be technologically and 
        competitively neutral;
            (2) Next Generation 9-1-1 should be interoperable and 
        reliable;
            (3) the governance and control of the 9-1-1 systems of the 
        United States, including Next Generation 9-1-1, should remain 
        at the State, regional, and local level; and
            (4) individuals in the United States should receive 
        information on how to best utilize Next Generation 9-1-1 and on 
        its capabilities and usefulness.
    (d) Coordination of Next Generation 9-1-1 Implementation.--Part C 
of title I of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by 
adding at the end the following:

``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.

    ``(a) Additional Functions of 9-1-1 Implementation Coordination 
Office.--
            ``(1) Authority.--The Office shall implement the provisions 
        of this section.
            ``(2) Management plan.--
                    ``(A) Development.--The Assistant Secretary and the 
                Administrator shall develop and may modify a management 
                plan for the grant program established under this 
                section, including by developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the duration of such program.
                    ``(B) Submission to congress.--Not later than 90 
                days after the date of the enactment of this section or 
                90 days after the date on which the plan is modified, 
                as applicable, the Assistant Secretary and the 
                Administrator shall submit the management plan 
                developed or modified, as applicable, under 
                subparagraph (A) to--
                            ``(i) the Committees on Commerce, Science, 
                        and Transportation and Appropriations of the 
                        Senate; and
                            ``(ii) the Committees on Energy and 
                        Commerce and Appropriations of the House of 
                        Representatives.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators 
                designated in accordance with subsection (b)(2)(A)(ii), 
                to improve coordination and communication with respect 
                to the implementation of Next Generation 9-1-1;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of Next Generation 9-1-1;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (b)(2)(A)(iii);
                    ``(D) provide technical assistance to grantees in 
                support of efforts to explore efficiencies related to 
                Next Generation 9-1-1 functions;
                    ``(E) receive, review, and recommend the approval 
                or disapproval of applications for grants under 
                subsection (b); and
                    ``(F) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(4) Annual reports.--Not later than October 1 of each 
        year, the Assistant Secretary and the Administrator shall 
        submit to Congress a report on the activities of the Office to 
        meet the requirements described under paragraph (3) for the 
        previous year.
            ``(5) Nationwide next generation 9-1-1 security operations 
        center.--
                    ``(A) Establishment.--There is established within 
                the Office the Nationwide Next Generation 9-1-1 
                Security Operations Center.
                    ``(B) Organization.--The Office shall consider the 
                recommendations of the Next Generation 9-1-1 Advisory 
                Board established under section 160 in selecting the 
                appropriate personnel to best fulfill the Center's 
                mission.
                    ``(C) Mission.--The Center shall--
                            ``(i) serve as a centralized emergency 
                        communications cybersecurity center that has 
                        the ability to provide integrated intrusion, 
                        detection and prevention services at multiple 
                        levels and layers, in support of local 
                        operations;
                            ``(ii) provide forensic data to cyber 
                        responders and investigators in the event of an 
                        incident;
                            ``(iii) activate pre-planned mitigation 
                        measures as agreed upon with emergency 
                        communications centers and as appropriate 
                        during a cyber incident;
                            ``(iv) assist application vendors and third 
                        parties with a public safety mission, such as 
                        mental health hotlines, telehealth providers, 
                        vehicle telematics provider, and alarm 
                        companies, in ensuring secure connectivity and 
                        providing vetted and secure services; and
                            ``(v) assist Federal, State, and local law 
                        enforcement in identifying cyber criminals 
                        whether located in the United States or 
                        internationally.
    ``(b) Next Generation 9-1-1 Implementation Grants.--
            ``(1) Grants.--The Assistant Secretary and the 
        Administrator, acting through the Office, shall provide grants 
        to eligible entities for--
                    ``(A) the implementation of Next Generation 9-1-1;
                    ``(B) establishing and maintaining Next Generation 
                9-1-1;
                    ``(C) training directly related to Next Generation 
                9-1-1 if--
                            ``(i) the cost related to the training does 
                        not exceed 3 percent of the total grant award, 
                        or up to 5 percent of the total grant award if 
                        sufficiently justified to the Office; and
                            ``(ii) permissible costs may include--
                                    ``(I) actual wages incurred for 
                                travel and attendance, including any 
                                necessary overtime pay and backfill 
                                wage;
                                    ``(II) travel expenses;
                                    ``(III) instructor expenses; and
                                    ``(IV) facility costs and training 
                                materials;
                    ``(D) public outreach and education on how best to 
                use Next Generation 9-1-1 and the capabilities and 
                usefulness of Next Generation 9-1-1; and
                    ``(E) administrative cost associated with planning 
                and implementation of Next Generation 9-1-1, including 
                any cost related to planning for and preparing an 
                application and related materials as required by this 
                subsection, if--
                            ``(i) the cost is fully documented in 
                        materials submitted to the Office; and
                            ``(ii) the cost is reasonable, necessary, 
                        and does not exceed 1 percent of the total 
                        grant award for an eligible entity and 1 
                        percent of the total grant award for an 
                        emergency communications center.
            ``(2) Coordination required.--In providing grants under 
        paragraph (1), the Assistant Secretary and the Administrator, 
        acting through the Office, shall require an eligible entity to 
        certify in the application that--
                    ``(A) in the case of an eligible entity that is a 
                State, the entity--
                            ``(i) has coordinated the application with 
                        the emergency communications centers located 
                        within the jurisdiction of the entity;
                            ``(ii) has designated a single officer or 
                        governmental body to serve as the State point 
                        of contact to coordinate the implementation of 
                        Next Generation 9-1-1 for that State, except 
                        that such designation need not vest such 
                        coordinator with direct legal authority to 
                        implement Next Generation 9-1-1 or to manage 
                        emergency communications operations; and
                            ``(iii) has developed and submitted a plan 
                        for the coordination and implementation of Next 
                        Generation 9-1-1 that--
                                    ``(I) ensures interoperability by 
                                requiring the use of commonly accepted 
                                standards;
                                    ``(II) ensures reliable operations;
                                    ``(III) enables emergency 
                                communications centers to process, 
                                analyze, and store multimedia, data, 
                                and other information;
                                    ``(IV) incorporates the use of 
                                effective cybersecurity resources;
                                    ``(V) uses open and competitive 
                                request for proposal processes, 
                                including through shared government 
                                procurement vehicles, for deployment of 
                                Next Generation 9-1-1;
                                    ``(VI) documents how input was 
                                received and accounted for from 
                                relevant rural and urban emergency 
                                communications centers, regional 
                                authorities, local authorities, and 
                                Tribal authorities;
                                    ``(VII) includes a governance body 
                                or bodies, either by creation of new or 
                                use of existing body or bodies, for the 
                                development and deployment of Next 
                                Generation 9-1-1 that--
                                            ``(aa) ensures full notice 
                                        and opportunity for 
                                        participation by relevant 
                                        stakeholders; and
                                            ``(bb) consults and 
                                        coordinates with the State 
                                        point of contact required by 
                                        clause (ii);
                                    ``(VIII) creates efficiencies 
                                related to Next Generation 9-1-1 
                                functions, including cybersecurity and 
                                the virtualization and sharing of 
                                infrastructure, equipment, and 
                                services; and
                                    ``(IX) that an effective, 
                                competitive approach to establishing 
                                authentication, credentialing, secure 
                                connections, and access is utilized, 
                                including by--
                                            ``(aa) requiring 
                                        certificate authorities to be 
                                        capable of cross-certification 
                                        with other authorities;
                                            ``(bb) avoiding risk of a 
                                        single point of failure or 
                                        vulnerability; and
                                            ``(cc) adhering to Federal 
                                        agency best practices such as 
                                        those promulgated by the 
                                        National Institute of Standards 
                                        and Technology; and
                    ``(B) in the case of an eligible entity that is a 
                Tribal Organization, the Tribal Organization has 
                complied with clauses (i) and (iii) of subparagraph 
                (A), and the State in which the Tribal Organization is 
                located has complied with clause (ii) of such 
                subparagraph.
            ``(3) Criteria.--
                    ``(A) In general.--Not later than 9 months after 
                the date of the enactment of this section, the 
                Assistant Secretary and the Administrator shall issue 
                regulations, after providing the public with notice and 
                an opportunity to comment, prescribing the criteria for 
                selection for grants under this subsection.
                    ``(B) Requirements.--The criteria shall--
                            ``(i) include performance requirements and 
                        a schedule for completion of any project to be 
                        financed by a grant under this subsection; and
                            ``(ii) specifically permit regional or 
                        multi-State applications for funds.
                    ``(C) Updates.--The Assistant Secretary and the 
                Administrator shall update such regulations as 
                necessary.
            ``(4) Grant certifications.--Each applicant for a grant 
        under this subsection shall certify to the Assistant Secretary 
        and the Administrator at the time of application, and each 
        applicant that receives such a grant shall certify to the 
        Assistant Secretary and the Administrator annually thereafter 
        during any period of time the funds from the grant are 
        available to the applicant, that--
                    ``(A) no portion of any designated 9-1-1 charges 
                imposed by a State or other taxing 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 180 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 applicant;
                    ``(B) any funds received by the applicant will be 
                used to support deployment of Next Generation 9-1-1 
                that ensures reliability and, by requiring the use of 
                commonly accepted standards, interoperability;
                    ``(C) the State in which the applicant resides has 
                established, or has committed to establish no later 
                than 3 years following the date on which the funds are 
                distributed to the applicant, a sustainable funding 
                mechanism for Next Generation 9-1-1 and effective 
                cybersecurity resources to be deployed pursuant to the 
                grant;
                    ``(D) the applicant will promote interoperability 
                between Next Generation 9-1-1 emergency communications 
                centers and emergency response providers including 
                users of the nationwide public safety broadband network 
                implemented by the First Responder Network Authority;
                    ``(E) the applicant has or will take steps to 
                coordinate with adjoining States to establish and 
                maintain Next Generation 9-1-1; and
                    ``(F) the applicant has developed a plan for public 
                outreach and education on how to best use Next 
                Generation 9-1-1 and on its capabilities and 
                usefulness.
            ``(5) Condition of grant.--Each applicant for a grant under 
        this subsection shall agree, as a condition of receipt of the 
        grant, that if the State or other taxing jurisdiction within 
        which the applicant is located, during any period of time 
        during which the funds from the grant are available to the 
        applicant, fails to comply with the certifications required 
        under paragraph (4), all of the funds from such grant shall be 
        returned to the Office.
            ``(6) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph (5) 
        knowing that the information provided in the certification was 
        false shall--
                    ``(A) not be eligible to receive the grant under 
                this subsection;
                    ``(B) return any grant awarded under this 
                subsection during the time that the certification was 
                not valid; and
                    ``(C) not be eligible to receive any subsequent 
                grants under this subsection.
            ``(7) Prohibition.--Grants provided under this subsection 
        may not be used--
                    ``(A) for any component of the Nationwide Public 
                Safety Broadband Network; or
                    ``(B) to make any payments to a person who has 
                been, for reasons of national security, prohibited by 
                any entity of the Federal Government from bidding on a 
                contract, participating in an auction, or receiving a 
                grant.
            ``(8) Funding and termination.--In addition to any funds 
        authorized for grants under section 158, there is authorized to 
        be appropriated $15,000,000,000 for fiscal years 2022 through 
        2026, of which $24,000,000 may be used by the Office for 
        reasonable and necessary administrative costs associated with 
        the grant program and to establish the Nationwide Next 
        Generation 9-1-1 Security Operations Center under subsection 
        (a)(5).
    ``(c) Definitions.--In this section and section 160:
            ``(1) 9-1-1 request for emergency assistance.--The term `9-
        1-1 request for emergency assistance' means a communication, 
        such as voice, text, picture, multimedia, or any other type of 
        data that is sent to an emergency communications center for the 
        purpose of requesting emergency assistance.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the National Highway Traffic Safety 
        Administration.
            ``(3) Commonly accepted standards.--The term `commonly 
        accepted standards' means the technical standards followed by 
        the communications industry for network, device, and Internet 
        Protocol connectivity that enable interoperability, including 
        but not limited to--
                    ``(A) standards developed by the Third Generation 
                Partnership Project (3GPP), the Institute of Electrical 
                and Electronics Engineers (IEEE), the Alliance for 
                Telecommunications Industry Solutions (ATIS), the 
                Internet Engineering Taskforce (IETF), and the 
                International Telecommunications Union (ITU); and
                    ``(B) standards approved by the American National 
                Standards Institute (ANSI) that meet the definition of 
                interoperable within this section.
            ``(4) Designated 9-1-1 charges.--The term `designated 9-1-1 
        charges' means any taxes, fees, or other charges imposed by a 
        State or other taxing jurisdiction that are designated or 
        presented as dedicated to deliver or improve 9-1-1 services, 
        E9-1-1 services (as defined in section 158(e)), or Next 
        Generation 9-1-1.
            ``(5) Eligible entity.--The term `eligible entity'--
                    ``(A) means a State or a Tribal organization (as 
                defined in section 4(l) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304));
                    ``(B) includes public authorities, boards, 
                commissions, and similar bodies created by one or more 
                eligible entities described in subparagraph (A) to 
                coordinate or provide Next Generation 9-1-1; and
                    ``(C) does not include any entity that has failed 
                to submit the certifications required under subsection 
                (b)(4).
            ``(6) Emergency communications center.--The term `emergency 
        communications center' means a facility that is designated to 
        receive a 9-1-1 request for emergency assistance and perform 
        one or more of the following functions:
                    ``(A) Process and analyze 9-1-1 requests for 
                emergency assistance and other gathered information.
                    ``(B) Dispatch appropriate emergency response 
                providers.
                    ``(C) Transfer or exchange 9-1-1 requests for 
                emergency assistance and other gathered information 
                with other emergency communications centers and 
                emergency response providers.
                    ``(D) Analyze any communications received from 
                emergency response providers.
                    ``(E) Support incident command functions.
            ``(7) Emergency response provider.--The term `emergency 
        response provider' has the meaning given that term under 
        section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
            ``(8) Interoperable.--The term `interoperable' or 
        `interoperability' means the capability of emergency 
        communications centers to receive 9-1-1 requests for emergency 
        assistance and related data such as location information and 
        callback numbers from the public, then process and share the 9-
        1-1 requests for emergency assistance and related data with 
        other emergency communications centers and emergency response 
        providers without the need for proprietary interfaces and 
        regardless of jurisdiction, equipment, device, software, 
        service provider, or other relevant factors.
            ``(9) Nationwide.--The term `nationwide' means each State 
        of the United States, the District of Columbia, Puerto Rico, 
        American Samoa, Guam, the United States Virgin Islands, the 
        Northern Mariana Islands, any other territory or possession of 
        the United States, and each federally recognized Indian Tribe.
            ``(10) Nationwide public safety broadband network.--The 
        term `nationwide public safety broadband network' has the 
        meaning given the term in section 6001 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
            ``(11) Next generation 9-1-1.--The term Next Generation 9-
        1-1 means an interoperable, secure, Internet Protocol-based 
        system that--
                    ``(A) employs commonly accepted standards;
                    ``(B) enables the appropriate emergency 
                communications centers to receive, process, and analyze 
                all types of 9-1-1 requests for emergency assistance;
                    ``(C) acquires and integrates additional 
                information useful to handling 9-1-1 requests for 
                emergency assistance; and
                    ``(D) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            ``(12) Office.--The term `Office' means the Next Generation 
        9-1-1 Implementation Coordination Office established under 
        section 158.
            ``(13) Reliability.--The term `reliability' or `reliable' 
        means the employment of sufficient measures to ensure the 
        ongoing operation of Next Generation 9-1-1 including through 
        the use of geo-diverse, device- and network-agnostic elements 
        that provide more than one physical route between end points 
        with no common points where a single failure at that point 
        would cause all to fail.
            ``(14) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.
            ``(15) Sustainable funding mechanism.--The term 
        `sustainable funding mechanism' means a funding mechanism that 
        provides adequate revenues to cover ongoing expenses, including 
        operations, maintenance, and upgrades.

``SEC. 160. ESTABLISHMENT OF NEXT GENERATION 9-1-1 ADVISORY BOARD.

    ``(a) Establishment.--The Assistant Secretary and Administrator, 
acting through the Office, shall establish a `Next Generation 9-1-1 
Advisory Board' (in this section referred to as the `Board') to advise 
the Office in carrying out its duties and responsibilities under this 
section and section 159.
    ``(b) Membership.--
            ``(1) Voting members.--Not later than 30 days after the 
        date of enactment of this section, the Assistant Secretary and 
        Administrator, acting through the Office, shall appoint 16 
        public safety members to the Board, of which--
                    ``(A) 4 members shall be representative of local 
                law enforcement officials;
                    ``(B) 4 members shall be representative of fire and 
                rescue officials;
                    ``(C) 4 members shall be representative of 
                emergency medical service officials; and
                    ``(D) 4 members shall be representative of 9-1-1 
                professionals.
            ``(2) Diversity of membership.--Members shall be 
        representatives of State and local governments, chosen to 
        reflect geographic and population density differences as well 
        as public safety organizations at the national level across the 
        United States.
            ``(3) Expertise.--All members shall have specific expertise 
        necessary for developing technical requirements under this 
        section, such as technical expertise, and public safety 
        communications and 9-1-1 expertise.
            ``(4) Rank and file members.--A rank and file member from 
        each of the public safety disciplines listed in subparagraphs 
        (A), (B), and (C), of paragraph (1) shall be appointed as a 
        voting member of the Board and shall be selected from an 
        organization that represents their public safety discipline at 
        the national level.
    ``(c) Period of Appointment.--
            ``(1) In general.--Except as provided in paragraph (2), 
        members of the Board shall be appointed for the life of the 
        Board.
            ``(2) Removal for cause.--A member of the Board may be 
        removed for cause upon the determination of the Assistant 
        Secretary and Administrator.
    ``(d) Vacancies.--Any vacancy in the Board shall be filled in the 
same manner as the original appointment.
    ``(e) Quorum.--A majority of the members of the Board shall 
constitute a quorum.
    ``(f) Chairperson and Vice Chairperson.--The Board shall select a 
Chairperson and Vice Chairperson from among the voting members of the 
Board.
    ``(g) Duties of the Board.--Not later than 120 days after the date 
of the enactment of this section, the Board shall submit to the Office 
recommendations concerning:
            ``(1) the importance of deploying Next Generation 9-1-1 in 
        rural and urban areas;
            ``(2) the importance of ensuring flexibility in guidance, 
        rules, and grant funding to allow for technology improvements;
            ``(3) the value of creating efficiencies related to Next 
        Generation 9-1-1 functions, including cybersecurity and the 
        virtualization and sharing of core infrastructure;
            ``(4) the value of enabling effective coordination among 
        State, local, Tribal, and territorial government entities to 
        ensure that the needs of emergency communications centers in 
        both rural and urban areas are taken into account in each plan 
        for the coordination and implementation of Next Generation 9-1-
        1; and
            ``(5) the relevance of existing cybersecurity resources to 
        Next Generation 9-1-1 procurement and deployment.
    ``(h) Consideration by the Office.--The Office shall consider the 
recommendations of the Board as the Office carries out the 
responsibilities of the Office under this section.
    ``(i) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board.
    ``(j) Duration of Authority.--The Board shall remain in place 
throughout the period that grant funds are authorized under section 
159(b)(1) to provide additional advice from time to time to the 
Office.''.
    (e) Savings Provision.--Nothing in this section or any amendment 
made by this section shall affect any application pending or grant 
awarded under section 158 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942) before the 
date of the enactment of this section.

                TITLE II--DRINKING WATER INFRASTRUCTURE

SEC. 20001. DRINKING WATER SRF FUNDING.

    (a) Funding.--
            (1) State revolving loan funds.--Section 1452(m)(1) of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended--
                    (A) in subparagraph (B), by striking ``and'';
                    (B) in subparagraph (C), by striking ``2021.'' and 
                inserting ``2021;''; and
                    (C) by adding at the end the following:
                    ``(D) $4,140,000,000 for fiscal year 2022;
                    ``(E) $4,800,000,000 for fiscal year 2023; and
                    ``(F) $5,500,000,000 for each of fiscal years 2024 
                through 2026.''.
            (2) Indian reservation drinking water program.--Section 
        2001(d) of America's Water Infrastructure Act of 2018 (Public 
        Law 115-270) is amended by striking ``2022'' and inserting 
        ``2026''.
            (3) Voluntary school and child care program lead testing 
        grant program.--Section 1464(d)(8) of the Safe Drinking Water 
        Act (42 U.S.C. 300j-24(d)(8)) is amended by striking ``and 
        2021'' and inserting ``through 2026''.
            (4) Drinking water fountain replacement for schools.--
        Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
        25(d)) is amended by striking ``2021'' and inserting ``2026''.
            (5) Grants for state programs.--Section 1443(a)(7) of the 
        Safe Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended by 
        striking ``and 2021'' and inserting ``through 2026''.
    (b) American Iron and Steel Products.--Section 1452(a)(4)(A) of the 
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)(A)) is amended by 
striking ``During fiscal years 2019 through 2023, funds'' and inserting 
``Funds''.

SEC. 20002. DRINKING WATER SYSTEM RESILIENCE FUNDING.

    Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)(6)) is amended--
            (1) by striking ``25,000,000'' and inserting 
        ``50,000,000''; and
            (2) by striking ``2020 and 2021'' and inserting ``2022 
        through 2026''.

SEC. 20003. PFAS TREATMENT GRANTS.

    (a) Establishment of PFAS Infrastructure Grant Program.--Part E of 
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by 
adding at the end the following new section:

``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, 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 
technologies.
    ``(b) Applications.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
            ``(2) Required information.--The Administrator shall 
        require a community water system applying for a grant under 
        this section to submit--
                    ``(A) information showing the presence of PFAS in 
                water of the community water system; and
                    ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to remove all detectable 
                amounts of PFAS.
    ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 2 years 
thereafter, the Administrator shall publish a list of treatment 
technologies that the Administrator determines are effective at 
removing all detectable amounts of PFAS from drinking water.
    ``(d) Priority for Funding.--In awarding grants under this section, 
the Administrator shall prioritize affected community water systems 
that--
            ``(1) serve a disadvantaged community;
            ``(2) will provide at least a 10-percent cost share for the 
        cost of implementing an eligible treatment technology; or
            ``(3) demonstrate the capacity to maintain the eligible 
        treatment technology to be implemented using the grant.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section not more than $500,000,000 for each 
        of the fiscal years 2022 through 2026.
            ``(2) Special rule.--Of the amounts authorized to be 
        appropriated by paragraph (1), $25,000,000 are authorized to be 
        appropriated for each of fiscal years 2022 and 2023 for grants 
        under subsection (a) to pay for capital costs associated with 
        the implementation of eligible treatment technologies during 
        the period beginning on October 1, 2014, and ending on the date 
        of enactment of this section.
    ``(f) Definitions.--In this section:
            ``(1) Affected community water system.--The term `affected 
        community water system' means a community water system that is 
        affected by the presence of PFAS in the water in the community 
        water system.
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given that term in section 1452.
            ``(3) Eligible treatment technology.--The term `eligible 
        treatment technology' means a treatment technology included on 
        the list published under subsection (c).''.
    (b) Definition.--
            Section 1401 of the Safe Drinking Water Act (42 U.S.C. 
        300f) is amended by adding at the end the following:
            ``(17) PFAS.--The term `PFAS' means a perfluoroalkyl or 
        polyfluoroalkyl substance with at least one fully fluorinated 
        carbon atom.''.

SEC. 20004. LEAD SERVICE LINE REPLACEMENT.

    (a) In General.--Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended by adding at the end the following:
    ``(u) Lead Service Line Replacement.--
            ``(1) In general.--In addition to the capitalization grants 
        to eligible States under subsection (a)(1), the Administrator 
        shall offer to enter into agreements with eligible States, 
        Indian Tribes, and the territories described in subsection (j) 
        to make capitalization grants, including letters of credit, to 
        such States, Indian Tribes, and territories under this 
        subsection to fund the replacement of lead service lines.
            ``(2) Allotments.--
                    ``(A) States.--Funds made available under this 
                subsection shall be allotted and reallotted to the 
                extent practicable, to States as if allotted or 
                reallotted under subsection (a)(1) as a capitalization 
                grant under such subsection.
                    ``(B) Indian tribes.--The Administrator shall set 
                aside 1\1/2\ percent of the amounts made available each 
                fiscal year to carry out this subsection to make grants 
                to Indian Tribes.
                    ``(C) Other areas.--The funds made available under 
                this subsection shall be allotted to territories 
                described in subsection (j) in accordance with such 
                subsection.
            ``(3) Priority.--Each State that has entered into a 
        capitalization agreement pursuant to this section shall 
        annually prepare a plan that identifies the intended uses of 
        the amounts made available pursuant to this subsection, which 
        shall--
                    ``(A) comply with the requirements of subsection 
                (b)(2); and
                    ``(B) provide, to the maximum extent practicable, 
                that priority for the use of funds be given to projects 
                that replace lead service lines serving disadvantaged 
                communities and environmental justice communities.
            ``(4) American made iron and steel and prevailing wages.--
        The requirements of paragraphs (4) and (5) of subsection (a) 
        shall apply to any project carried out in whole or in part with 
        funds made available under this subsection.
            ``(5) Limitation.--
                    ``(A) Prohibition on partial line replacement.--
                None of the funds made available under this subsection 
                may be used for partial lead service line replacement 
                if, at the conclusion of the service line replacement, 
                drinking water is delivered to a household, or to a 
                property under the jurisdiction of a local educational 
                agency, through a publicly or privately owned portion 
                of a lead service line.
                    ``(B) No homeowner contribution.--Any recipient of 
                funds made available under this subsection shall offer 
                to replace any privately owned portion of the lead 
                service line at no cost to the private owner.
            ``(6) State contribution.--Notwithstanding subsection (e), 
        agreements under paragraph (1) shall not require that the State 
        deposit in the State loan fund from State moneys any 
        contribution before receiving funds pursuant to this 
        subsection.
            ``(7) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection 
                $4,500,000,000 for each of fiscal years 2022 through 
                2026. Such sums shall remain available until expended.
                    ``(B) Additional amounts.--To the extent amounts 
                authorized to be appropriated under this subsection in 
                any fiscal year are not appropriated in that fiscal 
                year, such amounts are authorized to be appropriated in 
                a subsequent fiscal year. Such sums shall remain 
                available until expended.
            ``(8) Definitions.--For purposes of this subsection:
                    ``(A) Disadvantaged community.--The term 
                `disadvantaged community' has the meaning given such 
                term in subsection (d)(3).
                    ``(B) Environmental justice community.--The term 
                `environmental justice community' means any population 
                of color, community of color, indigenous community, or 
                low-income community that experiences a 
                disproportionate burden of the negative human health 
                and environmental impacts of pollution or other 
                environmental hazards.
                    ``(C) Lead service line.--The term `lead service 
                line' means a pipe and its fittings, which are not lead 
                free (as defined in section 1417(d)), that connect the 
                drinking water main to the building inlet.''.
    (b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G) 
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.

SEC. 20005. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

    Section 2020 of America's Water Infrastructure Act of 2018 (Public 
Law 115-270) is amended--
            (1) in subsection (b)(1), by striking ``subsection (e)(1)'' 
        and inserting ``subsection (f)(1)'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Assistance for Territories.--The Administrator may use funds 
made available under subsection (f)(1) to make grants to Guam, the 
Virgin Islands, American Samoa, and the Northern Mariana Islands for 
the purposes of providing assistance to eligible systems to restore or 
increase compliance with national primary drinking water 
regulations.''; and
            (4) in subsection (f), as so redesignated--
                    (A) in the heading, by striking ``State Revolving 
                Fund Capitalization''; and
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and to make grants under 
                        subsection (c) of this section,'' before ``to 
                        be available''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        subsection (c), as applicable'' after 
                        ``subsection (b)(1)''.

SEC. 20006. ALLOTMENTS FOR TERRITORIES.

    Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5 
percent''.

                 TITLE III--CLEAN ENERGY INFRASTRUCTURE

              Subtitle A--Grid Security and Modernization

SEC. 31001. 21ST CENTURY POWER GRID.

    (a) 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 grid, including--
            (1) projects for the deployment of technologies to improve 
        monitoring of, advanced controls for, and prediction of 
        performance of, a distribution system; and
            (2) projects related to transmission system planning and 
        operation.
    (b) Eligible Projects.--Projects for which an eligible partnership 
may receive financial assistance under subsection (a)--
            (1) shall be designed to improve the resiliency, 
        performance, or efficiency of the electric grid, while ensuring 
        the continued provision of safe, secure, reliable, and 
        affordable power;
            (2) may be designed to deploy a new product or technology 
        that could be used by customers of an electric utility; and
            (3) shall demonstrate--
                    (A) secure integration and management of energy 
                resources, including through distributed energy 
                generation, combined heat and power, microgrids, energy 
                storage, electric vehicles charging infrastructure, 
                energy efficiency, demand response, or controllable 
                loads; or
                    (B) secure integration and interoperability of 
                communications and information technologies related to 
                the electric grid.
    (c) Cybersecurity Plan.--Each project carried out with financial 
assistance provided under subsection (a) shall include the development 
of a cybersecurity plan written in accordance with guidelines developed 
by the Secretary of Energy.
    (d) Privacy Effects Analysis.--Each project carried out with 
financial assistance provided under subsection (a) shall include a 
privacy effects analysis that evaluates the project in accordance with 
the Voluntary Code of Conduct of the Department of Energy, commonly 
known as the ``DataGuard Energy Data Privacy Program'', or the most 
recent revisions to the privacy program of the Department.
    (e) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership consisting of two or more 
        entities, which--
                    (A) may include--
                            (i) any institution of higher education;
                            (ii) a National Laboratory;
                            (iii) a State or a local government or 
                        other public body created by or pursuant to 
                        State law;
                            (iv) an Indian Tribe;
                            (v) a Federal power marketing 
                        administration; or
                            (vi) an entity that develops and provides 
                        technology; and
                    (B) shall include at least one of any of--
                            (i) an electric utility;
                            (ii) a Regional Transmission Organization; 
                        or
                            (iii) an Independent System Operator.
            (2) Electric utility.--The term ``electric utility'' has 
        the meaning given that term in section 3(22) of the Federal 
        Power Act (16 U.S.C. 796(22)), except that such term does not 
        include an entity described in subparagraph (B) of such 
        section.
            (3) Federal power marketing administration.--The term 
        ``Federal power marketing administration'' means the Bonneville 
        Power Administration, the Southeastern Power Administration, 
        the Southwestern Power Administration, or the Western Area 
        Power Administration.
            (4) Independent system operator; regional transmission 
        organization.--The terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        those terms in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$700,000,000 for each of fiscal years 2022 through 2026, to remain 
available until expended.

SEC. 31002. STRATEGIC TRANSFORMER RESERVE PROGRAM.

    (a) Establishment.--The Secretary of Energy shall establish a 
program to reduce the vulnerability of the electric grid to physical 
attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, 
severe weather, climate change, and seismic events, including by--
            (1) ensuring that large power transformers, generator step-
        up transformers, and other critical electric grid equipment are 
        strategically located to ensure timely replacement of such 
        equipment as may be necessary to restore electric grid function 
        rapidly in the event of severe damage to the electric grid due 
        to physical attack, cyber attack, electromagnetic pulse, 
        geomagnetic disturbances, severe weather, climate change, or 
        seismic events; and
            (2) establishing a coordinated plan to facilitate 
        transportation of large power transformers and other critical 
        electric grid equipment.
    (b) Transformer Resilience and Advanced Components Program.--The 
program established under subsection (a) shall include implementation 
of the Transformer Resilience and Advanced Components program to--
            (1) improve large power transformers and other critical 
        electric grid equipment by reducing their vulnerabilities; and
            (2) develop, test, and deploy innovative equipment designs 
        that are more flexible and offer greater resiliency of electric 
        grid functions.
    (c) Strategic Equipment Reserves.--
            (1) Authorization.--In carrying out the program established 
        under subsection (a), the Secretary may establish one or more 
        federally owned strategic equipment reserves, as appropriate, 
        to ensure nationwide access to reserve equipment.
            (2) Consideration.--In establishing any federally owned 
        strategic equipment reserve, the Secretary may consider 
        existing spare transformer and equipment programs and 
        requirements established by the private sector, regional 
        transmission operators, independent system operators, and State 
        regulatory authorities.
    (d) Consultation.--The program established under subsection (a) 
shall be carried out in consultation with the Federal Energy Regulatory 
Commission, the Electricity Subsector Coordinating Council, the 
Electric Reliability Organization, and owners and operators of critical 
electric infrastructure and defense and military installations.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $75,000,000 for each of fiscal 
years 2022 through 2026.

              Subtitle B--Energy Efficient Infrastructure

       PART 1--EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS

SEC. 32101. ENERGY EFFICIENT PUBLIC BUILDINGS.

    (a) Grants.--Section 125(a) of the Energy Policy Act of 2005 (42 
U.S.C. 15822(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Standard 90.1 of the American 
                Society of Heating, Refrigerating, and Air-Conditioning 
                Engineers,'' after ``the International Energy 
                Conservation Code,''; and
                    (B) by striking ``; or'' and inserting a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) through benchmarking programs to enable use of 
        building performance data to evaluate the performance of energy 
        efficiency investments over time.''.
    (b) Assurance of Improvement.--Section 125 of the Energy Policy Act 
of 2005 (42 U.S.C. 15822) is amended by redesignating subsections (b) 
and (c) as subsections (c) and (d), respectively, and inserting after 
subsection (a) the following:
    ``(b) Assurance of Improvement.--
            ``(1) Verification.--A State agency receiving a grant for 
        activities described in paragraph (1) or (2) of subsection (a) 
        shall ensure, as a condition of eligibility for assistance 
        pursuant to such grant, 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 used.
            ``(2) Guidance.--The Secretary may provide guidance to 
        State agencies to comply with paragraph (1). In developing such 
        guidance, the Secretary shall consider available third-party 
        verification tools for high-performing buildings and available 
        third-party verification tools for energy efficiency 
        retrofits.''.
    (c) Administration.--Section 125(c) of the Energy Policy Act of 
2005, as so redesignated, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``State energy offices receiving grants'' and inserting ``A 
        State agency receiving a grant'';
            (2) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) ensure that all laborers and mechanics employed by 
        contractors and subcontractors in the performance of 
        construction, alteration, 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 locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code (and with respect to 
        such labor standards, the Secretary of Labor shall have the 
        authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code).''.
    (d) Authorization of Appropriations.--Section 125(d) of the Energy 
Policy Act of 2005, as so redesignated, is amended by striking 
``$30,000,000 for each of fiscal years 2006 through 2010'' and 
inserting ``$100,000,000 for each of fiscal years 2022 through 2026''.

SEC. 32102. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.

    (a) Purpose.--Section 542(b)(1) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) diversifies energy supplies, including by 
                facilitating and promoting the use of alternative 
                fuels;''.
    (b) Use of Funds.--Section 544 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17154) is amended--
            (1) by amending paragraph (9) to read as follows:
            ``(9) deployment of energy distribution technologies that 
        significantly increase energy efficiency or expand access to 
        alternative fuels, including--
                    ``(A) distributed resources;
                    ``(B) district heating and cooling systems; and
                    ``(C) infrastructure for delivering alternative 
                fuels;'';
            (2) in paragraph (13)(D), by striking ``and'';
            (3) by redesignating paragraph (14) as paragraph (15); and
            (4) by adding after paragraph (13) the following:
            ``(14) programs for financing energy efficiency, renewable 
        energy, and zero-emission transportation (and associated 
        infrastructure) capital investments, projects, and programs--
                    ``(A) which may include loan programs and 
                performance contracting programs for leveraging of 
                additional public and private sector funds, and 
                programs which allow rebates, grants, or other 
                incentives for the purchase and installation of energy 
                efficiency, renewable energy, and zero-emission 
                transportation (and associated infrastructure) 
                measures; or
                    ``(B) in addition to or in lieu of programs 
                described in subparagraph (A), which may be used in 
                connection with public or nonprofit buildings owned and 
                operated by a State, a political subdivision of a State 
                or an agency or instrumentality of a State, or an 
                organization exempt from taxation under section 
                501(c)(3) of title 26, United States Code; and''.
    (c) Competitive Grants.--Section 546(c)(2) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is 
amended by inserting ``, including projects to expand the use of 
alternative fuels'' before the period at the end.
    (d) Funding.--Section 548(a) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as 
follows:
    ``(a) Authorization of Appropriations.--
            ``(1) Grants.--There is authorized to be appropriated to 
        the Secretary for the provision of grants under the program 
        $3,500,000,000 for each of fiscal years 2022 through 2026.
            ``(2) Administrative costs.--There is authorized to be 
        appropriated to the Secretary for administrative expenses of 
        the program $35,000,000 for each of fiscal years 2022 through 
        2026.''.
    (e) Technical Amendments.--Section 543 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17153) is amended--
            (1) in subsection (c), by striking ``subsection (a)(2)'' 
        and inserting ``subsection (a)(3)''; and
            (2) in subsection (d), by striking ``subsection (a)(3)'' 
        and inserting ``subsection (a)(4)''.

        PART 2--ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES

SEC. 32201. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE 
              ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) one local educational agency; and
                    (B) one or more--
                            (i) schools;
                            (ii) nonprofit organizations;
                            (iii) for-profit organizations; or
                            (iv) community partners that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements.
            (2) Energy improvements.--The term ``energy improvements'' 
        means--
                    (A) any improvement, repair, or renovation, to a 
                school that will result in a direct reduction in school 
                energy costs including but not limited to improvements 
                to building envelope, air conditioning, ventilation, 
                heating system, domestic hot water heating, compressed 
                air systems, distribution systems, lighting, power 
                systems and controls;
                    (B) any improvement, repair, renovation, or 
                installation that leads to an improvement in teacher 
                and student health including but not limited to indoor 
                air quality, daylighting, ventilation, electrical 
                lighting, and acoustics; and
                    (C) the installation of renewable energy 
                technologies (such as wind power, photovoltaics, solar 
                thermal systems, geothermal energy, hydrogen-fueled 
                systems, biomass-based systems, biofuels, anaerobic 
                digesters, and hydropower) involved in the improvement, 
                repair, or renovation to a school.
    (b) Authority.--From amounts made available for grants under this 
section, the Secretary of Energy shall provide competitive grants to 
eligible entities to make energy improvements authorized by this 
section.
    (c) Priority.--In making grants under this subsection, the 
Secretary shall give priority to eligible entities that have 
renovation, repair, and improvement funding needs and are--
            (1) a high-need local educational agency, as defined in 
        section 2102 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6602); or
            (2) a local educational agency designated with a 
        metrocentric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics (NCES), in conjunction 
        with the Bureau of the Census, using the NCES system for 
        classifying local educational agencies.
    (d) Competitive Criteria.--The competitive criteria used by the 
Secretary shall include the following:
            (1) The fiscal capacity of the eligible entity to meet the 
        needs for improvements of school facilities without assistance 
        under this section, including the ability of the eligible 
        entity to raise funds through the use of local bonding capacity 
        and otherwise.
            (2) The likelihood that the local educational agency or 
        eligible entity will maintain, in good condition, any facility 
        whose improvement is assisted.
            (3) The potential energy efficiency and safety benefits 
        from the proposed energy improvements.
    (e) Applications.--To be eligible to receive a grant under this 
section, an applicant must submit to the Secretary an application that 
includes each of the following:
            (1) A needs assessment of the current condition of the 
        school and facilities that are to receive the energy 
        improvements.
            (2) A draft work plan of what the applicant hopes to 
        achieve at the school and a description of the energy 
        improvements to be carried out.
            (3) A description of the applicant's capacity to provide 
        services and comprehensive support to make the energy 
        improvements.
            (4) An assessment of the applicant's expected needs for 
        operation and maintenance training funds, and a plan for use of 
        those funds, if any.
            (5) An assessment of the expected energy efficiency and 
        safety benefits of the energy improvements.
            (6) A cost estimate of the proposed energy improvements.
            (7) An identification of other resources that are available 
        to carry out the activities for which funds are requested under 
        this section, including the availability of utility programs 
        and public benefit funds.
    (f) Use of Grant Amounts.--
            (1) In general.--The recipient of a grant under this 
        section shall use the grant amounts only to make the energy 
        improvements contemplated in the application, subject to the 
        other provisions of this subsection.
            (2) Operation and maintenance training.--The recipient may 
        use up to 5 percent for operation and maintenance training for 
        energy efficiency and renewable energy improvements (such as 
        maintenance staff and teacher training, education, and 
        preventative maintenance training).
            (3) Audit.--The recipient may use funds for a third-party 
        investigation and analysis for energy improvements (such as 
        energy audits and existing building commissioning).
            (4) Continuing education.--The recipient may use up to 1 
        percent of the grant amounts to develop a continuing education 
        curriculum relating to energy improvements.
    (g) Contracting Requirements.--
            (1) 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 31 of title 
        40, United States Code (commonly referred to as the Davis-Bacon 
        Act).
            (2) Competition.--Each applicant that receives funds shall 
        ensure that, if the applicant carries out repair or renovation 
        through a contract, any such contract process--
                    (A) ensures the maximum number of qualified 
                bidders, including small, minority, and women-owned 
                businesses, through full and open competition; and
                    (B) gives priority to businesses located in, or 
                resources common to, the State or the geographical area 
                in which the project is carried out.
    (h) Reporting.--Each recipient of a grant under this section shall 
submit to the Secretary, at such time as the Secretary may require, a 
report describing the use of such funds for energy improvements, the 
estimated cost savings realized by those energy improvements, the 
results of any audit, the use of any utility programs and public 
benefit funds and the use of performance tracking for energy 
improvements (such as the Department of Energy: Energy Star program or 
LEED for Existing Buildings).
    (i) Best Practices.--The Secretary shall develop and publish 
guidelines and best practices for activities carried out under this 
section.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2022 through 2026.

                         PART 3--HOPE FOR HOMES

SEC. 32301. DEFINITIONS.

    In this part:
            (1) 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 buildings, including--
                    (A) a certification provided by--
                            (i) the Building Performance Institute;
                            (ii) the Air Conditioning Contractors of 
                        America;
                            (iii) the National Comfort Institute;
                            (iv) the North American Technician 
                        Excellence;
                            (v) RESNET;
                            (vi) the United States Green Building 
                        Council; or
                            (vii) Home Innovation Research Labs; and
                    (B) any other certification the Secretary 
                determines appropriate for purposes of the Home Energy 
                Savings Retrofit Rebate Program.
            (2) Contractor company.--The term ``contractor company'' 
        means a company--
                    (A) the business of which is to provide services to 
                residential building owners with respect to HVAC 
                systems, insulation, air sealing, or other services 
                that are approved by the Secretary;
                    (B) that holds the licenses and insurance required 
                by the State in which the company provides services; 
                and
                    (C) that provides services for which a partial 
                system rebate, measured performance rebate, or modeled 
                performance rebate may be provided pursuant to the Home 
                Energy Savings Retrofit Rebate Program.
            (3) Energy audit.--The term ``energy audit'' means an 
        inspection, survey, and analysis of the energy use of a 
        building, including the building envelope and HVAC system.
            (4) Home.--The term ``home'' means a manufactured home (as 
        such term is defined in section 603 of the National 
        Manufactured Housing Construction and Safety Standards Act of 
        1974 (42 U.S.C. 5402)), or a residential dwelling unit in a 
        building with no more than 4 dwelling units that--
                    (A) is located in the United States;
                    (B) was constructed before the date of enactment of 
                this Act; and
                    (C) is occupied at least 6 months out of the year.
            (5) 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 32321.
            (6) Homeowner.--The term ``homeowner'' means the owner of 
        an owner-occupied home or a tenant-occupied home.
            (7) Home valuation certification.--The term ``home 
        valuation certification'' means the following home assessments:
                    (A) Home Energy Score.
                    (B) PEARL Certification.
                    (C) National Green Building Standard.
                    (D) LEED.
                    (E) Any other assessment the Secretary determines 
                to be appropriate.
            (8) HOPE qualification.--The term ``HOPE Qualification'' 
        means the qualification described in section 32313.
            (9) HOPE training credit.--The term ``HOPE training 
        credit'' means a HOPE training task credit or a HOPE training 
        supplemental credit.
            (10) HOPE training task credit.--The term ``HOPE training 
        task credit'' means a credit described in section 32312(a).
            (11) HOPE training supplemental credit.--The term ``HOPE 
        training supplemental credit'' means a credit described in 
        section 32312(b).
            (12) HVAC system.--The term ``HVAC system'' means a 
        system--
                    (A) consisting of a heating component, a 
                ventilation component, and an air-conditioning 
                component; and
                    (B) which components may include central air 
                conditioning, a heat pump, a furnace, a boiler, a 
                rooftop unit, and a window unit.
            (13) Measured performance rebate.--The term ``measured 
        performance rebate'' means a rebate provided in accordance with 
        section 32323 and described in subsection (e) of that section.
            (14) Modeled performance rebate.--The term ``modeled 
        performance rebate'' means a rebate provided in accordance with 
        section 32323 and described in subsection (d) of that section.
            (15) Moderate income.--The term ``moderate income'' means, 
        with respect to a household, a household with an annual income 
        that is less than 80 percent of the area median income, as 
        determined annually by the Department of Housing and Urban 
        Development.
            (16) Multifamily building.--The term ``multifamily 
        building'' means a structure with 5 or more tenant-occupied 
        residential dwelling units that--
                    (A) is located in the United States;
                    (B) was constructed before the date of enactment of 
                this Act; and
                    (C) is occupied at least 6 months out of the year.
            (17) Multifamily building owner.--The term ``multifamily 
        building owner'' means the owner of a tenant-occupied 
        multifamily building.
            (18) Partial system rebate.--The term ``partial system 
        rebate'' means a rebate provided in accordance with section 
        32322.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (20) State.--The term ``State'' includes--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the United States Virgin Islands; and
                    (H) any other territory or possession of the United 
                States.
            (21) 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 362 of the Energy Policy and Conservation Act (42 
        U.S.C. 6322).

                        Subpart A--HOPE Training

SEC. 32311. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary, acting through the Director of the Building Technologies 
Office of the Department of Energy, shall issue a notice that 
includes--
            (1) criteria established under section 32312 for approval 
        by the Secretary of courses for which credits may be issued for 
        purposes of a HOPE Qualification;
            (2) a list of courses that meet such criteria and are so 
        approved; and
            (3) information on how individuals and entities may apply 
        for grants under this subpart.

SEC. 32312. COURSE CRITERIA.

    (a) HOPE Training Task Credit.--
            (1) Criteria.--The Secretary shall establish criteria for 
        approval of a course for which a credit, to be known as a HOPE 
        training task credit, may be issued, including that such 
        course--
                    (A) is equivalent to at least 30 hours in total 
                course time;
                    (B) is accredited by the Interstate Renewable 
                Energy Council or is determined to be equivalent by the 
                Secretary;
                    (C) is, with respect to a particular job, aligned 
                with the relevant National Renewable Energy Laboratory 
                Job Task Analysis, or other credentialing program 
                foundation that helps identify the necessary core 
                knowledge areas, critical work functions, or skills, as 
                approved by the Secretary;
                    (D) has established learning objectives; and
                    (E) includes, as the Secretary determines 
                appropriate, an appropriate assessment of such learning 
                objectives that may include a final exam, to be 
                proctored on-site or through remote proctoring, or an 
                in-person field exam.
            (2) Included courses.--The Secretary shall approve one or 
        more courses that meet the criteria described in paragraph (1) 
        for training related to--
                    (A) contractor certification;
                    (B) energy auditing or assessment, including energy 
                audits and assessments relevant to multifamily 
                buildings;
                    (C) home and multifamily building energy systems 
                (including HVAC systems);
                    (D) insulation installation and air leakage 
                control;
                    (E) health and safety regarding the installation of 
                energy efficiency measures or health and safety impacts 
                associated with energy efficiency retrofits; and
                    (F) indoor air quality.
    (b) HOPE Training Supplemental Credit Criteria.--The Secretary 
shall establish criteria for approval of a course for which a credit, 
to be known as a HOPE training supplemental credit, may be issued, 
including that such course provides--
            (1) training related to--
                    (A) small business success, including management, 
                home energy efficiency software, or general accounting 
                principles;
                    (B) the issuance of a home valuation certification;
                    (C) the use of Wi-Fi-enabled technology in an 
                energy efficiency upgrade; or
                    (D) understanding and being able to participate in 
                the Home Energy Savings Retrofit Rebate Program; and
            (2) as the Secretary determines appropriate, an appropriate 
        assessment of such training that may include a final exam, to 
        be proctored on-site or through remote proctoring, or an in-
        person field exam.
    (c) 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 
programs.
    (d) In-Person and Online Training.--An online course approved 
pursuant to this section may be conducted in-person, but may not be 
offered exclusively in-person.

SEC. 32313. HOPE QUALIFICATION.

    (a) Issuance of Credits.--
            (1) In general.--The Secretary, or an entity authorized by 
        the Secretary pursuant to paragraph (2), may issue--
                    (A) a HOPE training task credit to any individual 
                that completes a course that meets applicable criteria 
                under section 32312; and
                    (B) a HOPE training supplemental credit to any 
                individual that completes a course that meets the 
                applicable criteria under section 32312.
            (2) Other entities.--The Secretary may authorize a State 
        energy office implementing an authorized program under 
        subsection (b)(2), an organization described in section 
        32314(b), and any other entity the Secretary determines 
        appropriate, to issue HOPE training credits in accordance with 
        paragraph (1).
    (b) HOPE Qualification.--
            (1) In general.--The Secretary may certify that an 
        individual has achieved a qualification, to be known as a HOPE 
        Qualification, that indicates that the individual has received 
        at least 3 HOPE training credits, of which at least 2 shall be 
        HOPE training task credits.
            (2) State programs.--The Secretary may authorize a State 
        energy office to implement a program to provide HOPE 
        Qualifications in accordance with this subpart.

SEC. 32314. GRANTS.

    (a) In General.--The Secretary shall, to the extent amounts are 
made available in appropriations Acts for such purposes, provide grants 
to support the training of individuals toward the completion of a HOPE 
Qualification.
    (b) Provider Organizations.--
            (1) In general.--The Secretary may provide a grant of up to 
        $20,000 under this section to an organization to provide 
        training online, including establishing, modifying, or 
        maintaining the online systems, staff time, and software and 
        online program management, through a course that meets the 
        applicable criteria established under section 32312.
            (2) Criteria.--In order to receive a grant under this 
        subsection, an organization shall be--
                    (A) a nonprofit organization;
                    (B) an educational institution; or
                    (C) 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 (42 U.S.C. 6861 et seq.) or equivalent 
                experience, as determined by the Secretary.
            (3) Additional certifications.--In addition to any grant 
        provided under paragraph (1), the Secretary may provide an 
        organization up to $5,000 for each additional course for which 
        a HOPE training credit may be issued that is offered by the 
        organization.
    (c) Contractor Company.--The Secretary may provide a grant under 
this section of $1,000 per employee to a contractor company, up to a 
maximum of $10,000, to reimburse the contractor company for training 
costs for employees, and any home technology support needed for an 
employee to receive training pursuant to this section. Grant funds 
provided under this subsection may be used to support wages of 
employees during training.
    (d) Trainees.--The Secretary may provide a grant of up to $1,000 
under this section to an individual who receives a HOPE Qualification.
    (e) State Energy Office.--The Secretary may provide a grant under 
this section to a State energy office of up to $25,000 to implement an 
authorized program under section 32313(b).

SEC. 32315. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subpart 
$500,000,000 for the period of fiscal years 2022 through 2026, to 
remain available until expended.

         Subpart B--Home Energy Savings Retrofit Rebate Program

SEC. 32321. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE 
              PROGRAM.

     The Secretary shall establish a program, to be known as the Home 
Energy Savings Retrofit Rebate Program, to--
            (1) provide rebates in accordance with section 32322; and
            (2) provide grants to States to carry out programs to 
        provide rebates in accordance with section 32323.

SEC. 32322. PARTIAL SYSTEM REBATES.

    (a) Amount of Rebate.--In carrying out the Home Energy Savings 
Retrofit Rebate Program, and subject to the availability of 
appropriations for such purpose, the Secretary shall provide a 
homeowner or multifamily building owner a rebate, to be known as a 
partial system rebate, of, except as provided in section 32324, up to--
            (1) $800 for the purchase and installation of insulation 
        and air sealing within a home of the homeowner or the household 
        living in a multifamily building; and
            (2) $1,500 for the purchase and installation of insulation 
        and air sealing within a home of the homeowner or the household 
        living in a multifamily building and replacement of an HVAC 
        system, the heating component of an HVAC system, or the cooling 
        component of an HVAC system, of such home.
    (b) Specifications.--
            (1) Cost.--The amount of a partial system rebate provided 
        under this section shall, except as provided in section 32324, 
        not exceed 30 percent of cost of the purchase and installation 
        of insulation and air sealing under subsection (a)(1), or the 
        purchase and installation of insulation and air sealing and 
        replacement of an HVAC system, the heating component of an HVAC 
        system, or the cooling component of an HVAC system, under 
        subsection (a)(2). Labor may be included in such cost but may 
        not exceed--
                    (A) in the case of a rebate under subsection 
                (a)(1), 50 percent of such cost; and
                    (B) in the case of a rebate under subsection 
                (a)(2), 25 percent of such cost.
            (2) Replacement of an hvac system, the heating component of 
        an hvac system, or the cooling component of an hvac system.--In 
        order to qualify for a partial system rebate described in 
        subsection (a)(2)--
                    (A) any HVAC system, heating component of an HVAC 
                system, or cooling component of an HVAC system 
                installed shall be Energy Star Most Efficient 
                certified;
                    (B) installation of such an HVAC system, the 
                heating component of an HVAC system, or the cooling 
                component of an HVAC system, 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 Act;
                    (C) if ducts are present, replacement of an HVAC 
                system, the heating component of an HVAC system, or the 
                cooling component of an HVAC system shall include duct 
                sealing; and
                    (D) the installation of insulation and air sealing 
                shall occur within 6 months of the replacement of the 
                HVAC system, the heating component of an HVAC system, 
                or the cooling component of an HVAC system.
    (c) Additional Incentives for Contractors.--In carrying out the 
Home Energy Savings Retrofit Rebate Program, the Secretary may provide 
a $250 payment to a contractor per home of a homeowner or household 
living in a multifamily building for which--
            (1) a partial system rebate is provided under this section 
        for the installation of insulation and air sealing, or 
        installation of insulation and air sealing and replacement of 
        an HVAC system, the heating component of an HVAC system, or the 
        cooling component of an HVAC system, by the contractor;
            (2) the applicable homeowner has signed and submitted to 
        the Secretary a release form made available pursuant to section 
        32326(b) authorizing the contractor access to information in 
        the utility bills of the homeowner or the applicable 
        multifamily building owner has signed and submitted an 
        agreement with the contractor to provide whole-building 
        aggregate information about the building's energy use; and
            (3) the contractor inputs, into the Department of Energy's 
        Building Performance Database--
                    (A) the energy usage for the home of a homeowner or 
                for the household living in a multifamily building for 
                the 12 months preceding, and the 24 months following, 
                the installation of insulation and air sealing or 
                installation of insulation and air sealing and 
                replacement of an HVAC system, the heating component of 
                an HVAC system, or the cooling component of an HVAC 
                system;
                    (B) a description of such installation or 
                installation and replacement; and
                    (C) the total cost to the homeowner or multifamily 
                building owner for such installation or installation 
                and replacement.
    (d) Process.--
            (1) Forms; rebate processing system.--Not later than 90 
        days after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretary of the Treasury, shall--
                    (A) develop and make available rebate forms 
                required to receive a partial system rebate under this 
                section;
                    (B) establish a Federal rebate processing system 
                which shall serve as a database and information 
                technology system that will allow homeowners and 
                multifamily building owners to submit required rebate 
                forms; and
                    (C) establish a website that provides information 
                on partial system rebates provided under this section, 
                including how to determine whether particular measures 
                qualify for a rebate under this section and how to 
                receive such a rebate.
            (2) Submission of forms.--In order to receive a partial 
        system rebate under this section, a homeowner or multifamily 
        building owner shall submit the required rebate forms, and any 
        other information the Secretary determines appropriate, to the 
        Federal rebate processing system established pursuant to 
        paragraph (1).
    (e) Funding.--
            (1) Limitation.--For each fiscal year, the Secretary may 
        not use more than 50 percent of the amounts made available to 
        carry out this subpart to carry out this section.
            (2) 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 (42 U.S.C. 6321 et seq.).

SEC. 32323. STATE ADMINISTERED REBATES.

    (a) Funding.--In carrying out the Home Energy Savings Retrofit 
Rebate Program, and subject to the availability of appropriations for 
such purpose, the Secretary shall provide grants to States to carry out 
programs to provide rebates in accordance with this section.
    (b) State Participation.--
            (1) 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 (c).
            (2) Approval.--Not later than 60 days after receipt of a 
        completed application for a grant under this section, the 
        Secretary shall either approve the application or provide to 
        the applicant an explanation for denying the application.
    (c) Minimum Criteria for State Programs.--Not later than 6 months 
after the date of enactment of this Act, the Secretary shall establish 
and publish minimum criteria for a State program to meet to qualify for 
funding under this section, including--
            (1) that the State program be carried out by the applicable 
        State energy office or its designee;
            (2) that a rebate be provided under a State program only 
        for a home energy efficiency retrofit that--
                    (A) is completed by a contractor who meets minimum 
                training requirements and certification requirements 
                set forth by the Secretary;
                    (B) includes installation of one or more home 
                energy efficiency retrofit measures for a home that 
                together are modeled to achieve, or are shown to 
                achieve, a reduction in home energy use of 20 percent 
                or more from the baseline energy use of the home;
                    (C) does not include installation of any measure 
                that the Secretary determines does not improve the 
                thermal energy performance of the home, such as a pool 
                pump, pool heater, spa, or EV charger; and
                    (D) includes, after installation of the applicable 
                home energy efficiency retrofit measures, a test-out 
                procedure conducted in accordance with guidelines 
                issued by the Secretary of such measures to ensure--
                            (i) the safe operation of all systems post 
                        retrofit; and
                            (ii) that all improvements are included in, 
                        and have been installed according to--
                                    (I) manufacturers installation 
                                specifications; and
                                    (II) all applicable State and local 
                                codes or equivalent standards approved 
                                by the Secretary;
            (3) that the State program utilize--
                    (A) for purposes of modeled performance rebates, 
                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 
                retrofit; and
                    (B) for purposes of measured performance rebates, 
                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 
                retrofit, including methods and procedures for use of 
                advanced metering infrastructure, weather-normalized 
                data, and open source standards, to measure such 
                baseline energy use and such reductions in home energy 
                use;
            (4) that the State program include implementation of a 
        quality assurance program--
                    (A) to ensure that home energy efficiency retrofits 
                are achieving the stated level of energy savings, that 
                efficiency measures were installed correctly, and that 
                work is performed in accordance with procedures 
                developed by the Secretary, including through quality-
                control inspections for a portion of home energy 
                efficiency retrofits completed by each applicable 
                contractor; and
                    (B) under which a quality-control inspection of a 
                home energy efficiency retrofit is performed by a 
                quality assurance provider who--
                            (i) is independent of the contractor for 
                        such retrofit; and
                            (ii) will confirm that such contractor is a 
                        contractor who meets minimum training 
                        requirements and certification requirements set 
                        forth by the Secretary;
            (5) that the State program include requirements for a 
        homeowner, contractor, or rebate aggregator to claim a rebate, 
        including that the homeowner, contractor, or rebate aggregator 
        submit any applicable forms approved by the Secretary to the 
        State, including a copy of the certificate provided by the 
        applicable contractor certifying projected or measured 
        reduction of home energy use;
            (6) 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 
        contractors;
            (7) 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 
        contractor; and
            (8) that the State program provide that a homeowner, 
        contractor, or rebate aggregator may claim more than one rebate 
        under the State program, and may claim a rebate under the State 
        program after receiving a partial system rebate under section 
        32322, provided that no 2 rebates may be provided with respect 
        to a home using the same baseline energy use of such home.
    (d) Modeled Performance Rebates.--
            (1) In general.--In carrying out a State program under this 
        section, a State may provide a homeowner, contractor, or rebate 
        aggregator a rebate, to be known as a modeled performance 
        rebate, for an energy audit of a home and a home energy 
        efficiency retrofit that is projected, using modeling software 
        approved by the Secretary, to reduce home energy use by at 
        least 20 percent.
            (2) Amount.--
                    (A) In general.--Except as provided in section 
                32324, and subject to subparagraph (B), the amount of a 
                modeled performance rebate provided under a State 
                program shall be equal to 50 percent of the cost of the 
                applicable energy audit of a home and home energy 
                efficiency retrofit, including the cost of diagnostic 
                procedures, labor, reporting, and modeling.
                    (B) Limitation.--Except as provided in section 
                32324, with respect to an energy audit and home energy 
                efficiency retrofit that is projected to reduce home 
                energy use by--
                            (i) at least 20 percent, but less than 40 
                        percent, the maximum amount of a modeled 
                        performance rebate shall be $2,000; and
                            (ii) at least 40 percent, the maximum 
                        amount of a modeled performance rebate shall be 
                        $4,000.
    (e) Measured Performance Rebates.--
            (1) In general.--In carrying out a State program under this 
        section, a State may provide a homeowner, contractor, or rebate 
        aggregator a rebate, to be known as a measured performance 
        rebate, for a home energy efficiency retrofit that reduces home 
        energy use by at least 20 percent as measured using methods and 
        procedures approved by the Secretary.
            (2) Amount.--
                    (A) In general.--Except as provided in section 
                32324, and subject to subparagraph (B), the amount of a 
                measured performance rebate provided under a State 
                program shall be equal to 50 percent of the cost, 
                including the cost of diagnostic procedures, labor, 
                reporting, and energy measurement, of the applicable 
                home energy efficiency retrofit.
                    (B) Limitation.--Except as provided in section 
                32324, with respect to a home energy efficiency 
                retrofit that is measured as reducing home energy use 
                by--
                            (i) at least 20 percent, but less than 40 
                        percent, the maximum amount of a measured 
                        performance rebate shall be $2,000; and
                            (ii) at least 40 percent, the maximum 
                        amount of a measured performance rebate shall 
                        be $4,000.
    (f) 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 agencies, energy utilities, 
nonprofits, and other entities--
            (1) to assist in marketing the availability of the rebates 
        under the applicable State program;
            (2) to coordinate with utility or State managed financing 
        programs;
            (3) to assist in implementation of the applicable State 
        program, including installation of home energy efficiency 
        retrofits; and
            (4) to coordinate with existing quality assurance programs.
    (g) Administration and Oversight.--
            (1) Review of approved modeling software.--The Secretary 
        shall, on an annual basis, 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 (d). In approving such 
        modeling software each year, 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 year.
            (2) Oversight.--If the Secretary determines that a State is 
        not implementing a State program that was approved pursuant to 
        subsection (b) and that meets the minimum criteria under 
        subsection (c), the Secretary may, after providing the State a 
        period of at least 90 days to meet such criteria, withhold 
        grant funds under this section from the State.

SEC. 32324. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.

    (a) Certifications.--The Secretary shall establish procedures for 
certifying that the household of a homeowner or that, in the case of a 
multifamily building, the majority of households in the building is 
moderate income for purposes of this section.
    (b) Percentages.--Subject to subsection (c), for households that 
are certified pursuant to the procedures established under subsection 
(a) as moderate income the--
            (1) amount of a partial system rebate under section 32322 
        shall not exceed 60 percent of the applicable purchase and 
        installation costs described in section 32322(b)(1); and
            (2) amount of--
                    (A) a modeled performance rebate under section 
                32323 provided shall be equal to 80 percent of the 
                applicable costs described in section 32323(d)(2)(A); 
                and
                    (B) a measured performance rebate under section 
                32323 provided shall be equal to 80 percent of the 
                applicable costs described in section 32323(e)(2)(A).
    (c) Maximum Amounts.--For households that are certified pursuant to 
the procedures established under subsection (a) as moderate income the 
maximum amount--
            (1) of a partial system rebate--
                    (A) under section 32322(a)(1) for the purchase and 
                installation of insulation and air sealing within a 
                home of the homeowner or the household living in a 
                multifamily building shall be $1,600; and
                    (B) under section 32322(a)(2) for the purchase and 
                installation of insulation and air sealing within a 
                home of the homeowner or the household living in a 
                multifamily building and replacement of an HVAC system, 
                the heating component of an HVAC system, or the cooling 
                component of an HVAC system, of such home, shall be 
                $3,000;
            (2) of a modeled performance rebate under section 32323 for 
        an energy audit and home energy efficiency retrofit that is 
        projected to reduce home energy use as described in--
                    (A) section 32323(d)(2)(B)(i) shall be $4,000; and
                    (B) section 32323(d)(2)(B)(ii) shall be $8,000; and
            (3) of a measured performance rebate under section 32323 
        for a home energy efficiency retrofit that reduces home energy 
        use as described in--
                    (A) section 32323(e)(2)(B)(i) shall be $4,000; and
                    (B) section 32323(e)(2)(B)(ii) shall be $8,000.
    (d) Outreach.--The Secretary shall establish procedures to--
            (1) provide information to households of homeowners or 
        multifamily building owners that are certified pursuant to the 
        procedures established under subsection (a) as moderate income 
        regarding other programs and resources relating to assistance 
        for energy efficiency upgrades of homes, including the 
        weatherization assistance program implemented under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.); and
            (2) refer such households and owners, as applicable, to 
        such other programs and resources.

SEC. 32325. EVALUATION REPORTS TO CONGRESS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act and annually thereafter until the termination of the Home 
Energy Savings Retrofit Rebate Program, the Secretary shall submit to 
Congress a report on the use of funds made available to carry out this 
subpart.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) how many home energy efficiency retrofits have been 
        completed during the previous year under the Home Energy 
        Savings Retrofit Rebate Program;
            (2) an estimate of how many jobs have been created through 
        the Home Energy Savings Retrofit Rebate Program, directly and 
        indirectly;
            (3) a description of what steps could be taken to promote 
        further deployment of energy efficiency and renewable energy 
        retrofits;
            (4) a description of the quantity of verifiable energy 
        savings, homeowner energy bill savings, and other benefits of 
        the Home Energy Savings Retrofit Rebate Program;
            (5) a description of any waste, fraud, or abuse with 
        respect to funds made available to carry out this subpart; and
            (6) any other information the Secretary considers 
        appropriate.

SEC. 32326. ADMINISTRATION.

    (a) In General.--The Secretary shall provide such administrative 
and technical support to contractors, rebate aggregators, States, and 
Indian Tribes as is necessary to carry out this subpart.
    (b) Information Collection.--The Secretary shall establish, and 
make available to a homeowner, or the homeowner's designated 
representative, seeking a rebate under this subpart, release forms 
authorizing access by the Secretary, or a designated third-party 
representative to information in the utility bills of the homeowner 
with appropriate privacy protections in place.

SEC. 32327. TREATMENT OF REBATES.

    For purposes of the Internal Revenue Code of 1986, gross income 
shall not include any rebate received under this subpart.

SEC. 32328. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this subpart $1,200,000,000 for each of fiscal 
years 2022 through 2026, to remain available until expended.
    (b) Tribal Allocation.--Of the amounts made available pursuant to 
subsection (a) for a fiscal year, the Secretary shall work with Indian 
Tribes and use 2 percent of such amounts to carry out a program or 
programs that as close as possible reflect the goals, requirements, and 
provisions of this subpart, taking into account any factors that the 
Secretary determines to be appropriate.

                     Subpart C--General Provisions

SEC. 32331. APPOINTMENT OF PERSONNEL.

    Notwithstanding the provisions of title 5, United States Code, 
regarding appointments in the competitive service and General Schedule 
classifications and pay rates, the Secretary may appoint such 
professional and administrative personnel as the Secretary considers 
necessary to carry out this part.

SEC. 32332. MAINTENANCE OF FUNDING.

    Each State receiving Federal funds pursuant to this part shall 
provide reasonable assurances to the Secretary that it has established 
policies and procedures designed to ensure that Federal funds provided 
under this part will be used to supplement, and not to supplant, State 
and local funds.

       PART 4--ENERGY AND WATER PERFORMANCE AT FEDERAL FACILITIES

SEC. 32401. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL 
              FACILITIES.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Energy 
                Performance Requirement for Federal Buildings'' and 
                inserting ``Energy and Water Performance Requirement 
                for Federal Facilities'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Subject to paragraph (2), the head of 
        each agency shall--
                    ``(A) for each of fiscal years 2020 through 2030, 
                reduce average facility energy intensity (as measured 
                in British thermal units per gross square foot) at 
                facilities of the agency by 2.5 percent each fiscal 
                year relative to the average facility energy intensity 
                of the facilities of the agency in fiscal year 2018;
                    ``(B) for each of fiscal years 2020 through 2030, 
                improve water use efficiency and management, including 
                stormwater management, at facilities of the agency by 
                reducing agency water consumption intensity--
                            ``(i) by reducing the potable water 
                        consumption by 54 percent by fiscal year 2030, 
                        relative to the potable water consumption at 
                        facilities of the agency in fiscal year 2007, 
                        through reductions of 2 percent each fiscal 
                        year (as measured in gallons per gross square 
                        foot);
                            ``(ii) by reducing the industrial, 
                        landscaping, and agricultural water consumption 
                        of the agency, as compared to a baseline of 
                        that consumption at facilities of the agency in 
                        fiscal year 2010, through reductions of 2 
                        percent each fiscal year (as measured in 
                        gallons); and
                            ``(iii) by installing appropriate 
                        infrastructure features at facilities of the 
                        agency to improve stormwater and wastewater 
                        management; and
                    ``(C) to the maximum extent practicable, in 
                carrying out subparagraphs (A) and (B), take measures 
                that are life cycle cost-effective.'';
                    (C) in paragraph (2)--
                            (i) by striking ``(2) An agency'' and 
                        inserting the following:
            ``(2) Energy and water intensive facility exclusion.--An 
        agency'';
                            (ii) by striking ``building'' and inserting 
                        ``facility'';
                            (iii) by inserting ``and water'' after 
                        ``energy'' each place it appears; and
                            (iv) by striking ``buildings'' and 
                        inserting ``facilities''; and
                    (D) by striking paragraph (3) and inserting the 
                following:
            ``(3) Recommendations.--Not later than December 31, 2029, 
        the Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy and water performance requirements 
                established under paragraph (1); and
                    ``(B) submit to Congress recommendations concerning 
                energy and water performance requirements for fiscal 
                years 2031 through 2040.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``Federal 
                building or collection of Federal buildings'' each 
                place it appears and inserting ``Federal facility'';
                    (B) in paragraph (2)--
                            (i) by striking ``buildings'' and inserting 
                        ``facilities''; and
                            (ii) by striking ``building'' and inserting 
                        ``facility''; and
                    (C) in paragraph (3), by adding at the end the 
                following: ``Not later than 1 year after the date of 
                enactment of the Leading Infrastructure For Tomorrow's 
                America Act, the Secretary shall issue guidelines to 
                establish criteria for exclusions to water performance 
                requirements under paragraph (1). The Secretary shall 
                update the criteria for exclusions under this 
                subsection as appropriate to reflect changing 
                technology and other conditions.'';
            (3) in subsection (d)(2), by striking ``buildings'' and 
        inserting ``facilities'';
            (4) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``By October 1'' and 
                        inserting the following:
                    ``(A) Energy.--By October 1'';
                            (ii) by striking ``buildings'' each place 
                        it appears and inserting ``facilities''; and
                            (iii) by adding at the end the following:
                    ``(B) Water.--By February 1, 2025, in accordance 
                with guidelines established by the Secretary under 
                paragraph (2), each agency shall use water meters at 
                facilities of the agency where doing so will assist in 
                reducing the cost of water used at such facilities.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (1).'' and inserting ``paragraph 
                        (1)(A). Not later than 180 days after the date 
                        of enactment of the Leading Infrastructure For 
                        Tomorrow's America Act, the Secretary, in 
                        consultation with such departments and 
                        entities, shall establish guidelines for 
                        agencies to carry out paragraph (1)(B).'';
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (i)(II) to 
                                read as follows:
                                    ``(II) the extent to which metering 
                                is expected to result in increased 
                                potential for energy and water 
                                management, increased potential for 
                                energy and water savings, energy and 
                                water efficiency improvements, and cost 
                                savings due to utility contract 
                                aggregation; and'';
                                    (II) in clause (iii), by striking 
                                ``buildings'' and inserting 
                                ``facilities''; and
                                    (III) in clause (iv), by striking 
                                ``building'' and inserting 
                                ``facility''; and
                    (C) in paragraph (4)(B), by striking ``buildings'' 
                each place it appears and inserting ``facilities'';
            (5) in subsection (f)--
                    (A) in the subsection heading, by striking 
                ``Buildings'' and inserting ``Facilities'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``In this subsection'' and 
                        inserting ``In this section'';
                            (ii) in subparagraph (B)(i)(II), by 
                        inserting ``and water'' after ``energy''; and
                            (iii) in subparagraph (C)(i), by inserting 
                        ``that consumes energy or water and is'' before 
                        ``owned or operated''; and
                    (C) in paragraph (8)--
                            (i) by striking ``building'' each place it 
                        appears and inserting ``facility'';
                            (ii) in subparagraph (A), by adding at the 
                        end the following: ``The energy manager shall 
                        enter water use data for each metered facility 
                        that is (or is a part of) a facility that meets 
                        the criteria established by the Secretary under 
                        paragraph (2)(B) into a facility water use 
                        benchmarking system.''; and
                            (iii) in subparagraph (B), by striking 
                        ``this subsection'' and inserting ``the date of 
                        enactment of the Leading Infrastructure For 
                        Tomorrow's America Act''; and
            (6) in subsection (g)(1)--
                    (A) by striking ``building'' and inserting 
                ``facility''; and
                    (B) by striking ``energy efficient'' and inserting 
                ``energy and water efficient''.

                        PART 5--OPEN BACK BETTER

SEC. 32501. FACILITIES ENERGY RESILIENCY.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        building project at an eligible facility that--
                    (A) increases--
                            (i) resiliency, including--
                                    (I) public health and safety;
                                    (II) power outages;
                                    (III) natural disasters;
                                    (IV) indoor air quality; and
                                    (V) any modifications necessitated 
                                by the COVID-19 pandemic;
                            (ii) energy efficiency;
                            (iii) renewable energy; and
                            (iv) grid integration; and
                    (B) may have combined heat and power and energy 
                storage as project components.
            (2) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given the term in 
        section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Eligible facility.--The term ``eligible facility'' 
        means a public facility, as determined by the Secretary, 
        including--
                    (A) a public school, including an elementary school 
                and a secondary school;
                    (B) a facility used to operate an early childhood 
                education program;
                    (C) a local educational agency;
                    (D) a medical facility;
                    (E) a local or State government building;
                    (F) a community facility;
                    (G) a public safety facility;
                    (H) a day care center;
                    (I) an institution of higher education;
                    (J) a public library; and
                    (K) a wastewater treatment facility.
            (5) Environmental justice community.--The term 
        ``environmental justice community'' means any population of 
        color, community of color, indigenous community, or low-income 
        community that experiences a disproportionate burden of the 
        negative human health and environmental impacts of pollution or 
        other environmental hazards.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (8) Low income.--The term ``low income'' means an annual 
        household income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (9) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with low income.
            (10) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Energy Policy and Conservation Act (42 
        U.S.C. 6202).
            (13) State energy program.--The term ``State Energy 
        Program'' means the State Energy Program established under part 
        D of title III of the Energy Policy and Conservation Act (42 
        U.S.C. 6321 et seq.).
            (14) Tribal organization.--
                    (A) In general.--The term ``tribal organization'' 
                has the meaning given the term in section 3765 of title 
                38, United States Code.
                    (B) Technical amendment.--Section 3765(4) of title 
                38, United States Code, is amended by striking 
                ``section 4(l) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(l))'' and 
                inserting ``section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5304)''.
    (b) State Programs.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall distribute grants 
        to States under the State Energy Program, in accordance with 
        the allocation formula established under that Program, to 
        implement covered projects.
            (2) Use of funds.--
                    (A) In general.--Subject to subparagraph (B), grant 
                funds under paragraph (1) may be used for technical 
                assistance, project facilitation, and administration.
                    (B) Technical assistance.--A State may use not more 
                than 10 percent of grant funds received under paragraph 
                (1) to provide technical assistance for the 
                development, facilitation, management, oversight, and 
                measurement of results of covered projects implemented 
                using those funds.
                    (C) Environmental justice and other communities.--
                To support communities adversely impacted by the COVID-
                19 pandemic, a State shall use not less than 40 percent 
                of grant funds received under paragraph (1) to 
                implement covered projects in environmental justice 
                communities or low income communities.
                    (D) Private financing.--A State receiving a grant 
                under paragraph (1) shall--
                            (i) to the extent practicable, leverage 
                        private financing for cost-effective energy 
                        efficiency, renewable energy, resiliency, and 
                        other smart-building improvements, such as by 
                        entering into an energy service performance 
                        contract; but
                            (ii) maintain the use of grant funds to 
                        carry out covered projects with more project 
                        resiliency, public health, and capital-
                        intensive efficiency and emission reduction 
                        components than are typically available through 
                        private energy service performance contracts.
                    (E) Guidance.--In carrying out a covered project 
                using grant funds received under paragraph (1), a State 
                shall, to the extent practicable, adhere to guidance 
                developed by the Secretary pursuant to the American 
                Recovery and Reinvestment Act of 2009 (Public Law 111-
                5; 123 Stat. 115) relating to distribution of funds, if 
                that guidance will speed the distribution of funds 
                under this subsection.
            (3) No matching requirement.--Notwithstanding any other 
        provision of law, a State receiving a grant under paragraph (1) 
        shall not be required to provide any amount of matching 
        funding.
            (4) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until the funds appropriated under paragraph (5) are 
        no longer available, the Secretary shall submit a report on the 
        use of those funds (including in the communities described in 
        paragraph (2)(C)) to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (E) the Committee on Education and Labor of the 
                House of Representatives.
            (5) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the State Energy Program, there is 
        authorized to be appropriated to the Secretary $3,600,000,000 
        to carry out this subsection for each of fiscal years 2022 
        through 2026, to remain available until expended.
            (6) Supplement, not supplant.--Funds made available under 
        paragraph (5) shall supplement, not supplant, any other funds 
        made available to States for the State Energy Program or the 
        weatherization assistance program established under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.).
    (c) Federal Energy Management Program.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall use the funds 
        appropriated under paragraph (4) to provide grants under the 
        AFFECT program under the Federal Energy Management Program of 
        the Department of Energy to implement covered projects.
            (2) Private financing.--A recipient of a grant under 
        paragraph (1) shall--
                    (A) to the extent practicable, leverage private 
                financing for cost-effective energy efficiency, 
                renewable energy, resiliency, and other smart-building 
                improvements, such as by entering into an energy 
                service performance contract; but
                    (B) maintain the use of grant funds to carry out 
                covered projects with more project resiliency, public 
                health, and capital-intensive efficiency and emission 
                reduction components than are typically available 
                through private energy service performance contracts.
            (3) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until the funds appropriated under paragraph (4) are 
        no longer available, the Secretary shall submit a report on the 
        use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (E) the Committee on Education and Labor of the 
                House of Representatives.
            (4) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the AFFECT program described in 
        paragraph (1), there is authorized to be appropriated to the 
        Secretary $500,000,000 to carry out this subsection, to remain 
        available until September 30, 2025.
    (d) Tribal Organizations.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary, acting through the head 
        of the Office of Indian Energy, shall distribute funds made 
        available under paragraph (3) to Tribal organizations to 
        implement covered projects.
            (2) Report.--Not later than 1 year after the date on which 
        funds are distributed under paragraph (1), and each year 
        thereafter until the funds made available under paragraph (3) 
        are no longer available, the Secretary shall submit a report on 
        the use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (E) the Committee on Education and Labor of the 
                House of Representatives.
            (3) Funding.--There is authorized to be appropriated to the 
        Secretary $1,500,000,000 to carry out this subsection, to 
        remain available until September 30, 2025.
    (e) Use of American Iron, Steel, and Manufactured Goods.--
            (1) In general.--Except as provided in paragraph (2), none 
        of the funds made available by or pursuant to this section may 
        be used for a covered project unless all of the iron, steel, 
        and manufactured goods used in the project are produced in the 
        United States.
            (2) Exceptions.--The requirement under paragraph (1) 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--
                    (A) adhering to that requirement would be 
                inconsistent with the public interest;
                    (B) the iron, steel, and manufactured goods needed 
                for the project are not produced in the United States--
                            (i) in sufficient and reasonably available 
                        quantities; and
                            (ii) in a satisfactory quality; or
                    (C) the inclusion of iron, steel, and relevant 
                manufactured goods produced in the United States would 
                increase the overall cost of the project by more than 
                25 percent.
            (3) Waiver publication.--If the head of a Federal 
        department or agency makes a determination under paragraph (2) 
        to waive the requirement under paragraph (1), the head of the 
        Federal department or agency shall publish in the Federal 
        Register a detailed justification for the waiver.
            (4) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under all applicable international agreements.
    (f) Wage Rate Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, 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 locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code (commonly known as 
        the ``Davis-Bacon Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.

SEC. 32502. PERSONNEL.

    (a) In General.--To carry out section 32501, the Secretary of 
Energy shall hire within the Department of Energy--
            (1) not less than 300 full-time employees in the Office of 
        Energy Efficiency and Renewable Energy;
            (2) not less than 100 full-time employees, to be 
        distributed among--
                    (A) the Office of General Counsel;
                    (B) the Office of Procurement Policy;
                    (C) the Golden Field Office;
                    (D) the National Energy Technology Laboratory; and
                    (E) the Office of the Inspector General; and
            (3) not less than 20 full-time employees in the Office of 
        Indian Energy.
    (b) Timeline.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall--
            (1) hire all personnel under subsection (a); or
            (2) certify that the Secretary is unable to hire all 
        personnel by the date required under this subsection.
    (c) Contract Hires.--
            (1) In general.--If the Secretary makes a certification 
        under subsection (b)(2), the Secretary may hire on a contract 
        basis not more than 50 percent of the personnel required to be 
        hired under subsection (a).
            (2) Duration.--An individual hired on a contract basis 
        under paragraph (1) shall have an employment term of not more 
        than 1 year.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $84,000,000 for 
each of fiscal years 2022 through 2026.
    (e) Report.--Not later than 60 days after the date of enactment of 
this Act, and annually thereafter for 2 years, the Secretary shall 
submit a report on progress made in carrying out subsection (a) to--
            (1) the Subcommittee on Energy and Water Development of the 
        Committee on Appropriations of the Senate;
            (2) the Subcommittee on Energy and Water Development and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives;
            (3) the Committee on Energy and Natural Resources of the 
        Senate;
            (4) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (5) the Committee on Education and Labor of the House of 
        Representatives.

                Subtitle C--Energy Supply Infrastructure

SEC. 33001. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN, OR THAT 
              SERVE, LOW-INCOME AND UNDERSERVED AREAS.

    (a) Definitions.--In this section:
            (1) Beneficiary.--The term ``beneficiary'' means a low-
        income household or a low-income household in an underserved 
        area.
            (2) Community solar facility.--The term ``community solar 
        facility'' means a solar generating facility that--
                    (A) through a voluntary program, has multiple 
                subscribers that receive financial benefits that are 
                directly attributable to the facility;
                    (B) has a nameplate rating of 5 megawatts AC or 
                less; and
                    (C) is located in the utility distribution service 
                territory of subscribers.
            (3) Community solar subscription.--The term ``community 
        solar subscription'' means a share in the capacity, or a 
        proportional interest in the electricity generation, of a 
        community solar facility.
            (4) Covered facility.--The term ``covered facility'' 
        means--
                    (A) a community solar facility--
                            (i) that is located in an underserved area; 
                        or
                            (ii) at least 50 percent of the capacity of 
                        which is reserved for low-income households;
                    (B) a solar generating facility located at a 
                residence of a low-income household; or
                    (C) a solar generating facility located at a multi-
                family affordable housing complex.
            (5) Covered state.--The term ``covered State'' means a 
        State with processes in place to ensure that covered facilities 
        deliver financial benefits to low-income households.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization that provides services 
                to low-income households or multi-family affordable 
                housing complexes;
                    (B) a developer, owner, 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 facility;
                    (C) a covered State, or political subdivision 
                thereof;
                    (D) an Indian Tribe or a tribally owned electric 
                utility;
                    (E) a Native Hawaiian community-based organization;
                    (F) 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 households; and
                    (G) an electric cooperative or municipal electric 
                utility (as such terms are defined in section 3 of the 
                Federal Power Act).
            (7) Eligible installation project.--The term ``eligible 
        installation project'' means a project to install a covered 
        facility in a covered State.
            (8) 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 State.
            (9) Eligible project.--The term ``eligible project'' 
        means--
                    (A) an eligible planning project; or
                    (B) an eligible installation project.
            (10) Feasibility study.--The term ``feasibility study'' 
        means any activity to determine the feasibility of a specific 
        solar generating facility, including a customer interest 
        assessment and a siting assessment, as determined by the 
        Secretary.
            (11) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian Tribe, band, nation, or other organized group or 
        community, including any Alaska Native village, Regional 
        Corporation, or Village Corporation (as defined in, or 
        established pursuant to, the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            (12) Interconnection service.--The term ``interconnection 
        service'' has the meaning given such term in section 111(d)(15) 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2621(d)(15)).
            (13) Low-income household.--The term ``low-income 
        household'' means that income in relation to family size 
        which--
                    (A) is at or below 200 percent of the poverty level 
                determined in accordance with criteria established by 
                the Director of the Office of Management and Budget, 
                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 section;
                    (B) is the basis on which cash assistance payments 
                have been paid during the preceding 12-month period 
                under titles IV and XVI of the Social Security Act (42 
                U.S.C. 601 et seq., 1381 et seq.) or applicable State 
                or local law; or
                    (C) if a State elects, is the basis for eligibility 
                for assistance under the Low-Income Home Energy 
                Assistance Act of 1981 (42 U.S.C. 8621 et seq.), 
                provided that such basis is at least 200 percent of the 
                poverty level determined in accordance with criteria 
                established by the Director of the Office of Management 
                and Budget.
            (14) Multi-family affordable housing complex.--The term 
        ``multi-family affordable housing complex'' means any federally 
        subsidized affordable housing complex in which at least 50 
        percent of the units are reserved for low-income households.
            (15) 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 social, 
        cultural, and educational development of Native Hawaiians in 
        that community.
            (16) Program.--The term ``program'' means the program 
        established under subsection (b).
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (18) Solar generating facility.--The term ``solar 
        generating facility'' means--
                    (A) a generator that creates electricity from light 
                photons; and
                    (B) the accompanying hardware enabling that 
                electricity to flow--
                            (i) onto the electric grid;
                            (ii) into a facility or structure; or
                            (iii) into an energy storage device.
            (19) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, Guam, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        and American Samoa.
            (20) Subscriber.--The term ``subscriber'' means a person 
        who--
                    (A) owns a community solar subscription, or an 
                equivalent unit or share of the capacity or generation 
                of a community solar facility; or
                    (B) financially benefits from a community solar 
                facility, even if the person does not own a community 
                solar subscription for the facility.
            (21) Underserved area.--The term ``underserved area'' 
        means--
                    (A) a geographical area with low or no photovoltaic 
                solar deployment, as determined by the Secretary;
                    (B) a geographical area that has low or no access 
                to electricity, as determined by the Secretary;
                    (C) a geographical area with an average annual 
                residential retail electricity price that exceeds the 
                national average annual residential retail electricity 
                price (as reported by the Energy Information Agency) by 
                50 percent or more; or
                    (D) trust land, as defined in section 3765 of title 
                38, United States Code.
    (b) Establishment.--The Secretary shall establish a program to 
provide financial assistance to eligible entities to--
            (1) carry out planning projects that are necessary to 
        establish the feasibility, obtain required permits, identify 
        beneficiaries, or secure subscribers to install a covered 
        facility; or
            (2) install a covered facility for beneficiaries in 
        accordance with this section.
    (c) Applications.--
            (1) In general.--To be eligible to receive assistance under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Inclusion for installation assistance.--
                    (A) Requirements.--For an eligible entity to 
                receive assistance for a project to install a covered 
                facility, the Secretary shall require the eligible 
                entity to include--
                            (i) information in the application that is 
                        sufficient to demonstrate that the eligible 
                        entity has obtained, or has the capacity to 
                        obtain, necessary permits, subscribers, access 
                        to an installation site, and any other items or 
                        agreements necessary to comply with an 
                        agreement under subsection (g)(1) and to 
                        complete the installation of the applicable 
                        covered facility;
                            (ii) a description of the mechanism through 
                        which financial benefits will be distributed to 
                        beneficiaries or subscribers; and
                            (iii) an estimate of the anticipated 
                        financial benefit for beneficiaries or 
                        subscribers.
                    (B) Consideration of planning projects.--The 
                Secretary shall consider the successful completion of 
                an eligible planning project pursuant to subsection 
                (b)(1) by the eligible entity to be sufficient to 
                demonstrate the ability of the eligible entity to meet 
                the requirements of subparagraph (A)(i).
    (d) Selection.--
            (1) In general.--In selecting eligible projects to receive 
        assistance under the program, the Secretary shall--
                    (A) prioritize--
                            (i) eligible installation projects that 
                        will result in the most financial benefit for 
                        subscribers, as determined by the Secretary;
                            (ii) eligible installation projects that 
                        will result in development of covered 
                        facilities in underserved areas; and
                            (iii) eligible projects that include 
                        apprenticeship, job training, or community 
                        participation as part of their application; and
                    (B) 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 States.
            (2) Determination of financial benefit.--In determining the 
        amount of financial benefit for low-income households of an 
        eligible installation project, 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 households.
    (e) Assistance.--
            (1) Form.--The Secretary may provide assistance under the 
        program in the form of a grant (which may be in the form of a 
        rebate) or a low-interest loan.
            (2) Multiple projects for same facility.--
                    (A) 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 facility.
                    (B) 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 
                facility.
    (f) Use of Assistance.--
            (1) 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 
        facility, including--
                    (A) feasibility studies;
                    (B) permitting;
                    (C) site assessment;
                    (D) on-site job training, or other community-based 
                activities directly associated with the eligible 
                planning project; or
                    (E) such other costs determined by the Secretary to 
                be appropriate.
            (2) 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--
                    (A) installation of a covered facility, including 
                costs associated with materials, permitting, labor, or 
                site preparation;
                    (B) storage technology sited at a covered facility;
                    (C) interconnection service expenses;
                    (D) on-site job training, or other community-based 
                activities directly associated with the eligible 
                installation project;
                    (E) offsetting the cost of a subscription for a 
                covered facility described in subparagraph (A) of 
                subsection (a)(4) for subscribers that are members of a 
                low income household; or
                    (F) such other costs determined by the Secretary to 
                be appropriate.
    (g) Administration.--
            (1) Agreements.--
                    (A) In general.--As a condition of receiving 
                assistance under the program, an eligible entity shall 
                enter into an agreement with the Secretary.
                    (B) Requirements.--An agreement entered into under 
                this paragraph--
                            (i) 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 agreement;
                            (ii) 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 
                        standards; and
                            (iii) shall contain such other terms as the 
                        Secretary may require to ensure compliance with 
                        the requirements of this section.
                    (C) 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 
                2 years after the date on which the eligible entity 
                receives assistance pursuant to the agreement, which 
                term may be extended once for a period of not more than 
                1 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 
                agreement.
            (2) Use of funds.--Of the funds made available to provide 
        assistance to eligible installation projects under this section 
        over the period of fiscal years 2022 through 2026, the 
        Secretary shall use--
                    (A) not less than 50 percent to provide assistance 
                for eligible installation projects with respect to 
                which low-income households make up at least 50 percent 
                of the subscribers to the project; and
                    (B) not more than 50 percent to provide assistance 
                for eligible installation projects with respect to 
                which low-income households make up at least 25 percent 
                of the subscribers to the project.
            (3) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register regulations to carry out this section, which 
        shall take effect on the date of publication.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for each 
        of fiscal years 2022 through 2026, to remain available until 
        expended.
            (2) Amounts for planning projects.--Of the amounts 
        appropriated pursuant to this section over the period of fiscal 
        years 2022 through 2026, the Secretary shall use not more than 
        15 percent of funds to provide assistance to eligible planning 
        projects.
    (i) Relationship to Other Assistance.--The Secretary shall, to the 
extent practicable, 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 programs.

SEC. 33002. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.

    (a) 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 infrastructure replacement, repair, and 
maintenance programs that are approved by the rate-setting entity and 
designed to accelerate the necessary replacement, repair, or 
maintenance of natural gas distribution systems.
    (b) Date of Eligibility.--Awards may be provided under this section 
to offset rate increases described in subsection (a) occurring on or 
after the date of enactment of this Act.
    (c) Prioritization.--The Secretary shall collaborate with States to 
prioritize the distribution of grants made under this section. At a 
minimum, the Secretary shall consider prioritizing the distribution of 
grants to States which have--
            (1) authorized or adopted enhanced infrastructure 
        replacement programs or innovative rate recovery mechanisms, 
        such as infrastructure cost trackers and riders, infrastructure 
        base rate surcharges, deferred regulatory asset programs, and 
        earnings stability mechanisms; and
            (2) a viable means for delivering financial assistance to 
        low-income households.
    (d) 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 section.
    (e) Prevailing Wages.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work assisted, in whole or in part, 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 31 of 
title 40. With respect to the labor standards in this subsection, the 
Secretary of Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40.
    (f) Definitions.--In this section:
            (1) 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 cases.
            (2) Low-income household.--The term ``low-income 
        household'' means a household that is eligible to receive 
        payments under section 2605(b)(2) of the Low-Income Home Energy 
        Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $250,000,000 in 
each of fiscal years 2022 through 2026.

SEC. 33003. DISTRIBUTED ENERGY RESOURCES.

    (a) Definitions.--In this section:
            (1) Combined heat and power system.--The term ``combined 
        heat and power system'' means generation of electric energy and 
        heat in a single, integrated system that meets the efficiency 
        criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of 
        the Internal Revenue Code of 1986, under which heat that is 
        conventionally rejected is recovered and used to meet thermal 
        energy requirements.
            (2) Demand response.--The term ``demand response'' means 
        changes in electric usage by electric utility customers from 
        the normal consumption patterns of the customers in response 
        to--
                    (A) changes in the price of electricity over time; 
                or
                    (B) incentive payments designed to induce lower 
                electricity use at times of high wholesale market 
                prices or when system reliability is jeopardized.
            (3) Distributed energy.--The term ``distributed energy'' 
        means energy sources and systems that--
                    (A) produce electric or thermal energy close to the 
                point of use using renewable energy resources or waste 
                thermal energy;
                    (B) generate electricity using a combined heat and 
                power system;
                    (C) distribute electricity in microgrids;
                    (D) store electric or thermal energy; or
                    (E) distribute thermal energy or transfer thermal 
                energy to building heating and cooling systems through 
                a district energy system.
            (4) District energy system.--The term ``district energy 
        system'' means a system that provides thermal energy to 
        buildings and other energy consumers from one or more plants to 
        individual buildings to provide space heating, air 
        conditioning, domestic hot water, industrial process energy, 
        and other end uses.
            (5) Islanding.--The term ``islanding'' means a distributed 
        generator or energy storage device continuing to power a 
        location in the absence of electric power from the primary 
        source.
            (6) Loan.--The term ``loan'' has the meaning given the term 
        ``direct loan'' in section 502 of the Federal Credit Reform Act 
        of 1990 (2 U.S.C. 661a).
            (7) Microgrid.--The term ``microgrid'' means an integrated 
        energy system consisting of interconnected loads and 
        distributed energy resources, including generators and energy 
        storage devices, within clearly defined electrical boundaries 
        that--
                    (A) acts as a single controllable entity with 
                respect to the grid; and
                    (B) can connect and disconnect from the grid to 
                operate in both grid-connected mode and island mode.
            (8) Renewable energy resource.--The term ``renewable energy 
        resource'' includes--
                    (A) biomass;
                    (B) geothermal energy;
                    (C) hydropower;
                    (D) landfill gas;
                    (E) municipal solid waste;
                    (F) ocean (including tidal, wave, current, and 
                thermal) energy;
                    (G) organic waste;
                    (H) photosynthetic processes;
                    (I) photovoltaic energy;
                    (J) solar energy; and
                    (K) wind.
            (9) Renewable thermal energy.--The term ``renewable thermal 
        energy'' means heating or cooling energy derived from a 
        renewable energy resource.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (11) Thermal energy.--The term ``thermal energy'' means--
                    (A) heating energy in the form of hot water or 
                steam that is used to provide space heating, domestic 
                hot water, or process heat; or
                    (B) cooling energy in the form of chilled water, 
                ice, or other media that is used to provide air 
                conditioning, or process cooling.
            (12) Waste thermal energy.--The term ``waste thermal 
        energy'' means energy that--
                    (A) is contained in--
                            (i) exhaust gases, exhaust steam, condenser 
                        water, jacket cooling heat, or lubricating oil 
                        in power generation systems;
                            (ii) exhaust heat, hot liquids, or flared 
                        gas from any industrial process;
                            (iii) waste gas or industrial tail gas that 
                        would otherwise be flared, incinerated, or 
                        vented;
                            (iv) a pressure drop in any gas, excluding 
                        any pressure drop to a condenser that 
                        subsequently vents the resulting heat;
                            (v) condenser water from chilled water or 
                        refrigeration plants; or
                            (vi) any other form of waste energy, as 
                        determined by the Secretary; and
                    (B)(i) in the case of an existing facility, is not 
                being used; or
                    (ii) in the case of a new facility, is not 
                conventionally used in comparable systems.
    (b) Distributed Energy Loan Program.--
            (1) Loan program.--
                    (A) In general.--Subject to the provisions of this 
                paragraph and paragraphs (2) and (3), the Secretary 
                shall establish a program to provide to eligible 
                entities--
                            (i) loans for the deployment of distributed 
                        energy systems in a specific project; and
                            (ii) loans to provide funding for programs 
                        to finance the deployment of multiple 
                        distributed energy systems through a revolving 
                        loan fund, credit enhancement program, or other 
                        financial assistance program.
                    (B) Eligibility.--Entities eligible to receive a 
                loan under subparagraph (A) include--
                            (i) a State, territory, or possession of 
                        the United States;
                            (ii) a State energy office;
                            (iii) a tribal organization (as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304));
                            (iv) an institution of higher education (as 
                        defined in section 101 of the Higher Education 
                        Act of 1965 (20 U.S.C. 1001)); and
                            (v) an electric utility, including--
                                    (I) a rural electric cooperative;
                                    (II) a municipally owned electric 
                                utility; and
                                    (III) an investor-owned utility.
                    (C) Selection requirements.--In selecting eligible 
                entities to receive loans under this subsection, the 
                Secretary shall, to the maximum extent practicable, 
                ensure--
                            (i) regional diversity among eligible 
                        entities to receive loans under this section, 
                        including participation by rural States and 
                        small States; and
                            (ii) that specific projects selected for 
                        loans--
                                    (I) expand on the existing 
                                technology deployment program of the 
                                Department of Energy; and
                                    (II) are designed to achieve one or 
                                more of the objectives described in 
                                subparagraph (D).
                    (D) Objectives.--Each deployment selected for a 
                loan under subparagraph (A) shall promote one or more 
                of the following objectives:
                            (i) Improved security and resiliency of 
                        energy supply in the event of disruptions 
                        caused by extreme weather events, grid 
                        equipment or software failure, or terrorist 
                        acts.
                            (ii) Implementation of distributed energy 
                        in order to increase use of local renewable 
                        energy resources and waste thermal energy 
                        sources.
                            (iii) Enhanced feasibility of microgrids, 
                        demand response, or islanding.
                            (iv) Enhanced management of peak loads for 
                        consumers and the grid.
                            (v) Enhanced reliability in rural areas, 
                        including high energy cost rural areas.
                    (E) Restrictions on use of funds.--Any eligible 
                entity that receives a loan under subparagraph (A) may 
                only use the loan to fund programs relating to the 
                deployment of distributed energy systems.
            (2) Loan terms and conditions.--
                    (A) Terms and conditions.--Notwithstanding any 
                other provision of law, in providing a loan under this 
                subsection, the Secretary shall provide the loan on 
                such terms and conditions as the Secretary determines, 
                after consultation with the Secretary of the Treasury, 
                in accordance with this subsection.
                    (B) Specific appropriation.--No loan shall be made 
                unless an appropriation for the full amount of the loan 
                has been specifically provided for that purpose.
                    (C) Repayment.--No loan shall be made unless the 
                Secretary determines that there is reasonable prospect 
                of repayment of the principal and interest by the 
                borrower of the loan.
                    (D) Interest rate.--A loan provided under this 
                section shall bear interest at a fixed rate that is 
                equal or approximately equal, in the determination of 
                the Secretary, to the interest rate for Treasury 
                securities of comparable maturity.
                    (E) Term.--The term of the loan shall require full 
                repayment over a period not to exceed the lesser of--
                            (i) 20 years; or
                            (ii) 90 percent of the projected useful 
                        life of the physical asset to be financed by 
                        the loan (as determined by the Secretary).
                    (F) Use of payments.--Payments of principal and 
                interest on the loan shall--
                            (i) be retained by the Secretary to support 
                        energy research and development activities; and
                            (ii) remain available until expended, 
                        subject to such conditions as are contained in 
                        annual appropriations Acts.
                    (G) No penalty on early repayment.--The Secretary 
                may not assess any penalty for early repayment of a 
                loan provided under this subsection.
                    (H) Return of unused portion.--In order to receive 
                a loan under this subsection, an eligible entity shall 
                agree to return to the general fund of the Treasury any 
                portion of the loan amount that is unused by the 
                eligible entity within a reasonable period of time 
                after the date of the disbursement of the loan, as 
                determined by the Secretary.
                    (I) Comparable wage rates.--Each laborer and 
                mechanic employed by a contractor or subcontractor in 
                performance of construction work financed, in whole or 
                in part, by the loan 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 31 of title 
                40, United States Code.
            (3) Rules and procedures; disbursement of loans.--
                    (A) Rules and procedures.--Not later than 180 days 
                after the date of enactment of this Act, the Secretary 
                shall adopt rules and procedures for carrying out the 
                loan program under paragraph (1).
                    (B) Disbursement of loans.--Not later than 1 year 
                after the date on which the rules and procedures under 
                subparagraph (A) are established, the Secretary shall 
                disburse the initial loans provided under this 
                subsection.
            (4) Reports.--Not later than 2 years after the date of 
        receipt of the loan, and annually thereafter for the term of 
        the loan, an eligible entity that receives a loan under this 
        subsection shall submit to the Secretary a report describing 
        the performance of each program and activity carried out using 
        the loan, including itemized loan performance data.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary.
    (c) Technical Assistance and Grant Program.--
            (1) Establishment.--
                    (A) In general.--The Secretary shall establish a 
                technical assistance and grant program (referred to in 
                this subsection as the ``program'')--
                            (i) to disseminate information and provide 
                        technical assistance directly to eligible 
                        entities so the eligible entities can identify, 
                        evaluate, plan, and design distributed energy 
                        systems; and
                            (ii) to make grants to eligible entities so 
                        that the eligible entities may contract to 
                        obtain technical assistance to identify, 
                        evaluate, plan, and design distributed energy 
                        systems.
                    (B) Technical assistance.--The technical assistance 
                described in subparagraph (A) shall include assistance 
                with one or more of the following activities relating 
                to distributed energy systems:
                            (i) Identification of opportunities to use 
                        distributed energy systems.
                            (ii) Assessment of technical and economic 
                        characteristics.
                            (iii) Utility interconnection.
                            (iv) Permitting and siting issues.
                            (v) Business planning and financial 
                        analysis.
                            (vi) Engineering design.
                    (C) Information dissemination.--The information 
                disseminated under subparagraph (A)(i) shall include--
                            (i) information relating to the topics 
                        described in subparagraph (B), including case 
                        studies of successful examples;
                            (ii) computer software and databases for 
                        assessment, design, and operation and 
                        maintenance of distributed energy systems; and
                            (iii) public databases that track the 
                        operation and deployment of existing and 
                        planned distributed energy systems.
            (2) Eligibility.--Any nonprofit or for-profit entity shall 
        be eligible to receive technical assistance and grants under 
        the program.
            (3) Applications.--
                    (A) In general.--An eligible entity desiring 
                technical assistance or grants under the program shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    (B) Application process.--The Secretary shall seek 
                applications for technical assistance and grants under 
                the program--
                            (i) on a competitive basis; and
                            (ii) on a periodic basis, but not less 
                        frequently than once every 12 months.
                    (C) Priorities.--In selecting eligible entities for 
                technical assistance and grants under the program, the 
                Secretary shall give priority to eligible entities with 
                projects that have the greatest potential for--
                            (i) facilitating the use of renewable 
                        energy resources;
                            (ii) strengthening the reliability and 
                        resiliency of energy infrastructure to the 
                        impact of extreme weather events, power grid 
                        failures, and interruptions in supply of fossil 
                        fuels;
                            (iii) improving the feasibility of 
                        microgrids or islanding, particularly in rural 
                        areas, including high energy cost rural areas;
                            (iv) minimizing environmental impact, 
                        including regulated air pollutants and 
                        greenhouse gas emissions; and
                            (v) maximizing local job creation.
            (4) Grants.--On application by an eligible entity, the 
        Secretary may award grants to the eligible entity to provide 
        funds to cover not more than--
                    (A) 100 percent of the costs of the initial 
                assessment to identify opportunities;
                    (B) 75 percent of the cost of feasibility studies 
                to assess the potential for the implementation;
                    (C) 60 percent of the cost of guidance on 
                overcoming barriers to implementation, including 
                financial, contracting, siting, and permitting issues; 
                and
                    (D) 45 percent of the cost of detailed engineering.
            (5) Rules and procedures.--
                    (A) Rules.--Not later than 180 days after the date 
                of enactment of this Act, the Secretary shall adopt 
                rules and procedures for carrying out the program.
                    (B) Grants.--Not later than 120 days after the date 
                of issuance of the rules and procedures for the 
                program, the Secretary shall issue grants under this 
                subsection.
            (6) Reports.--The Secretary shall submit to Congress and 
        make available to the public--
                    (A) not less frequently than once every 2 years, a 
                report describing the performance of the program under 
                this subsection, including a synthesis and analysis of 
                the information provided in the reports submitted to 
                the Secretary under subsection (b)(4); and
                    (B) on termination of the program under this 
                subsection, an assessment of the success of, and 
                education provided by, the measures carried out by 
                eligible entities during the term of the program.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $250,000,000 
        for the period of fiscal years 2022 through 2026, to remain 
        available until expended.

SEC. 33004. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.

    Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as 
amended) is amended by adding at the end the following new subtitle:

       ``Subtitle C--Clean Energy and Sustainability Accelerator

``SEC. 1621. DEFINITIONS.

    ``In this subtitle:
            ``(1) Accelerator.--The term `Accelerator' means the Clean 
        Energy and Sustainability Accelerator established under section 
        1622.
            ``(2) Board.--The term `Board' means the Board of Directors 
        of the Accelerator.
            ``(3) Chief executive officer.--The term `chief executive 
        officer' means the chief executive officer of the Accelerator.
            ``(4) Climate-impacted communities.--The term `climate-
        impacted communities' includes--
                    ``(A) communities of color, 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 located;
                    ``(B) communities that are already or are likely to 
                be the first communities to feel the direct negative 
                effects of climate change;
                    ``(C) distressed neighborhoods, demonstrated by 
                indicators of need, including poverty, childhood 
                obesity rates, academic failure, and rates of juvenile 
                delinquency, adjudication, or incarceration;
                    ``(D) low-income communities, defined as any census 
                block group in which 30 percent or more of the 
                population are individuals with low income;
                    ``(E) low-income households, defined as a household 
                with annual income equal to, or less than, the greater 
                of--
                            ``(i) an amount equal to 80 percent of the 
                        median income of the area in which the 
                        household is located, as reported by the 
                        Department of Housing and Urban Development; 
                        and
                            ``(ii) 200 percent of the Federal poverty 
                        line;
                    ``(F) Tribal communities;
                    ``(G) persistent poverty counties, defined as any 
                county that has had a poverty rate of 20 percent or 
                more for the past 30 years as measured by the 2000, 
                2010, and 2020 decennial censuses;
                    ``(H) communities disproportionately affected by 
                environmental pollution and other hazards that can lead 
                to negative public health effects; and
                    ``(I) communities that are economically reliant on 
                fossil fuel-based industries.
            ``(5) Climate resilient infrastructure.--The term `climate 
        resilient infrastructure' means any project that builds or 
        enhances infrastructure so that such infrastructure--
                    ``(A) is planned, designed, and operated in a way 
                that anticipates, prepares for, and adapts to changing 
                climate conditions; and
                    ``(B) can withstand, respond to, and recover 
                rapidly from disruptions caused by these climate 
                conditions.
            ``(6) Electrification.--The term `electrification' means 
        the installation, construction, or use of end-use electric 
        technology that replaces existing fossil-fuel-based technology.
            ``(7) Energy efficiency.--The term `energy efficiency' 
        means any project, technology, function, 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 project, technology, function, or measure, or 
        substantially reduces greenhouse gas emissions relative to 
        emissions that would have occurred prior to the application of 
        such project, technology, function, or measure.
            ``(8) 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 
        heat.
            ``(9) Green bank.--The term `green bank' means a dedicated 
        public or nonprofit specialized finance entity that--
                    ``(A) is designed to drive private capital into 
                market gaps for low- and zero-emission goods and 
                services;
                    ``(B) uses finance tools to mitigate climate 
                change;
                    ``(C) does not take deposits;
                    ``(D) is funded by government, public, private, or 
                charitable contributions; and
                    ``(E) invests or finances projects--
                            ``(i) alone; or
                            ``(ii) in conjunction with other investors.
            ``(10) Qualified projects.--The term `qualified projects' 
        means the following kinds of technologies and activities that 
        are eligible for financing and investment from the Clean Energy 
        and Sustainability Accelerator, either directly or through 
        State, Territorial, and local green banks funded by the Clean 
        Energy and Sustainability Accelerator:
                    ``(A) Renewable energy generation, including the 
                following:
                            ``(i) Solar.
                            ``(ii) Wind.
                            ``(iii) Geothermal.
                            ``(iv) Hydropower.
                            ``(v) Ocean and hydrokinetic.
                            ``(vi) Fuel cell.
                    ``(B) Building energy efficiency, fuel switching, 
                and electrification.
                    ``(C) Industrial decarbonization.
                    ``(D) Grid technology such as transmission, 
                distribution, and storage to support clean energy 
                distribution, including smart-grid applications.
                    ``(E) Agriculture and forestry projects that reduce 
                net greenhouse gas emissions.
                    ``(F) Clean transportation, including the 
                following:
                            ``(i) Battery electric vehicles.
                            ``(ii) Plug-in hybrid electric vehicles.
                            ``(iii) Hydrogen vehicles.
                            ``(iv) Other zero-emissions fueled 
                        vehicles.
                            ``(v) Related vehicle charging and fueling 
                        infrastructure.
                    ``(G) Climate resilient infrastructure.
                    ``(H) Any other key areas identified by the Board 
                as consistent with the mandate of the Accelerator as 
                described in section 1623.
            ``(11) Renewable energy generation.--The term `renewable 
        energy generation' means electricity created by sources that 
        are continually replenished by nature, such as the sun, wind, 
        and water.

``SEC. 1622. ESTABLISHMENT.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this subtitle, there shall be established a nonprofit 
corporation to be known as the Clean Energy and Sustainability 
Accelerator.
    ``(b) Limitation.--The Accelerator shall not be an agency or 
instrumentality of the Federal Government.
    ``(c) Full Faith and Credit.--The full faith and credit of the 
United States shall not extend to the Accelerator.
    ``(d) Nonprofit Status.--The Accelerator shall maintain its status 
as an organization exempt from taxation under the Internal Revenue Code 
of 1986 (26 U.S.C. 1 et seq.).

``SEC. 1623. 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 Accelerator, including by--
            ``(1) providing financing support for investments in the 
        United States in low- and zero-emissions technologies and 
        processes in order to rapidly accelerate market penetration;
            ``(2) catalyzing and mobilizing private capital through 
        Federal investment and supporting a more robust marketplace for 
        clean technologies, while avoiding competition with private 
        investment;
            ``(3) enabling climate-impacted communities to benefit from 
        and afford projects and investments that reduce emissions;
            ``(4) providing support for workers and communities 
        impacted by the transition to a low-carbon economy;
            ``(5) supporting the creation of green banks within the 
        United States where green banks do not exist; and
            ``(6) causing the rapid transition to a clean energy 
        economy without raising energy costs to end users and seeking 
        to lower costs where possible.

``SEC. 1624. FINANCE AND INVESTMENT DIVISION.

    ``(a) In General.--There shall be within the Accelerator a finance 
and investment division, which shall be responsible for--
            ``(1) the Accelerator's greenhouse gas emissions mitigation 
        efforts by directly financing qualifying projects or doing so 
        indirectly by providing capital to State, Territorial, and 
        local green banks;
            ``(2) originating, evaluating, underwriting, and closing 
        the Accelerator's financing and investment transactions in 
        qualified projects;
            ``(3) partnering with private capital providers and capital 
        markets to attract coinvestment from private banks, investors, 
        and others in order to drive new investment into 
        underpenetrated markets, to increase the efficiency of private 
        capital markets with respect to investing in greenhouse gas 
        reduction projects, and to increase total investment caused by 
        the Accelerator;
            ``(4) managing the Accelerator's portfolio of assets to 
        ensure performance and monitor risk;
            ``(5) ensuring appropriate debt and risk mitigation 
        products are offered; and
            ``(6) overseeing prudent, noncontrolling equity 
        investments.
    ``(b) Products and Investment Types.--The finance and investment 
division of the Accelerator may provide capital to qualified projects 
in the form of--
            ``(1) senior, mezzanine, and subordinated debt;
            ``(2) credit enhancements including loan loss reserves and 
        loan guarantees;
            ``(3) aggregation and warehousing;
            ``(4) equity capital; and
            ``(5) any other financial product approved by the Board.
    ``(c) State, Territorial, and Local Green Bank Capitalization.--The 
finance and investment division of the Accelerator shall make capital 
available to State, Territorial, and local green banks to enable such 
banks to finance qualifying projects in their markets that are better 
served by a locally based entity, rather than through direct investment 
by the Accelerator.
    ``(d) Investment Committee.--The debt, risk mitigation, and equity 
investments made by the Accelerator shall be--
            ``(1) approved by the investment committee of the Board; 
        and
            ``(2) 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 Board.

``SEC. 1625. START-UP DIVISION.

    ``There shall be within the Accelerator a Start-up Division, 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 
subdivisions, including by working with relevant stakeholders in those 
States and political subdivisions.

``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING 
              PROGRAM.

    ``Not later than 1 year after the date of establishment of the 
Accelerator, the Accelerator shall explore the establishment of a 
program to provide low- and zero-interest loans, up to 30 years in 
length, to any school, metropolitan planning organization, or nonprofit 
organization seeking financing for the acquisition of zero-emissions 
vehicle fleets or associated infrastructure to support zero-emissions 
vehicle fleets.

``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.

    ``(a) Emissions Reduction Mandate.--In investing in projects that 
mitigate greenhouse gas emissions, the Accelerator shall maximize the 
reduction of emissions in the United States for every dollar deployed 
by the Accelerator.
    ``(b) Environmental Justice Prioritization.--
            ``(1) In general.--In order to address environmental 
        justice needs, the Accelerator shall, as applicable, prioritize 
        the provision of program benefits and investment activity that 
        are expected to directly or indirectly result in the deployment 
        of projects to serve, as a matter of official policy, climate-
        impacted communities.
            ``(2) Minimum percentage.--The Accelerator shall ensure 
        that over the 30-year period of its charter 40 percent of its 
        investment activity is directed to serve climate-impacted 
        communities.
    ``(c) Consumer Protection.--
            ``(1) Prioritization.--Consistent with the mandate under 
        section 1623 to maximize the reduction of emissions in the 
        United States for every dollar deployed by the Accelerator, the 
        Accelerator shall prioritize qualified projects according to 
        benefits conferred on consumers and affected communities.
            ``(2) 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 (15 U.S.C. 1601 et seq.), including, in 
        the case of a financial product that is a residential mortgage 
        loan, any requirements of title I of that Act relating to 
        residential mortgage loans (including any regulations 
        promulgated by the Bureau of Consumer Financial Protection 
        under section 129C(b)(3)(C) of that Act (15 U.S.C. 
        1639c(b)(3)(C))).
    ``(d) Labor.--
            ``(1) 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 locality, as determined by the 
        Secretary of Labor under sections 3141 through 3144, 3146, and 
        3147 of title 40, United States Code.
            ``(2) Project labor agreement.--The Accelerator shall 
        ensure that projects financed directly by the Accelerator with 
        total capital costs of $100,000,000 or greater utilize a 
        project labor agreement.

``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION 
              PROGRAM.

    ``Not later than 1 year after the date on which the Accelerator is 
established, the Board shall explore the establishment of an 
accelerated clean energy transition program--
            ``(1) to expedite the transition within the power sector to 
        zero-emissions power generation facilities or assets; and
            ``(2) to simultaneously invest in local economic 
        development in communities affected by this transition away 
        from carbon-intensive facilities or assets.

``SEC. 1629. BOARD OF DIRECTORS.

    ``(a) In General.--The Accelerator shall operate under the 
direction of a Board of Directors, which shall be composed of 7 
members.
    ``(b) Initial Composition and Terms.--
            ``(1) Selection.--The initial members of the Board shall be 
        selected as follows:
                    ``(A) Appointed members.--Three members shall be 
                appointed by the President, with the advice and consent 
                of the Senate, of whom no more than two shall belong to 
                the same political party.
                    ``(B) Elected members.--Four members shall be 
                elected unanimously by the 3 members appointed and 
                confirmed pursuant to subparagraph (A).
            ``(2) Terms.--The terms of the initial members of the Board 
        shall be as follows:
                    ``(A) The 3 members appointed and confirmed under 
                paragraph (1)(A) shall have initial 5-year terms.
                    ``(B) Of the 4 members elected under paragraph 
                (1)(B), 2 shall have initial 3-year terms, and 2 shall 
                have initial 4-year terms.
    ``(c) Subsequent Composition and Terms.--
            ``(1) Selection.--Except for the selection of the initial 
        members of the Board for their initial terms under subsection 
        (b), the members of the Board shall be elected by the members 
        of the Board.
            ``(2) Disqualification.--A member of the Board shall be 
        disqualified from voting for any position on the Board for 
        which such member is a candidate.
            ``(3) Terms.--All members elected pursuant to paragraph (1) 
        shall have a term of 5 years.
    ``(d) Qualifications.--The members of the Board shall collectively 
have expertise in--
            ``(1) the fields of clean energy, electric utilities, 
        industrial decarbonization, clean transportation, resiliency, 
        and agriculture and forestry practices;
            ``(2) climate change science;
            ``(3) finance and investments; and
            ``(4) environmental justice and matters related to the 
        energy and environmental needs of climate-impacted communities.
    ``(e) 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 Board.
    ``(f) Quorum.--Five members of the Board shall constitute a quorum.
    ``(g) Bylaws.--
            ``(1) In general.--The Board shall adopt, and may amend, 
        such bylaws as are necessary for the proper management and 
        functioning of the Accelerator.
            ``(2) Officers.--In the bylaws described in paragraph (1), 
        the Board shall--
                    ``(A) designate the officers of the Accelerator; 
                and
                    ``(B) prescribe the duties of those officers.
    ``(h) Vacancies.--Any vacancy on the Board shall be filled through 
election by the Board.
    ``(i) 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 
elected.
    ``(j) Reappointment.--A member of the Board may be elected for not 
more than 1 additional term of service as a member of the Board.
    ``(k) 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 elected.
    ``(l) Chief Executive Officer.--The Board shall appoint a chief 
executive officer who shall be responsible for--
            ``(1) hiring employees of the Accelerator;
            ``(2) establishing the 2 divisions of the Accelerator 
        described in sections 1624 and 1625; and
            ``(3) performing any other tasks necessary for the day-to-
        day operations of the Accelerator.
    ``(m) Advisory Committee.--
            ``(1) Establishment.--The Accelerator shall establish an 
        advisory committee (in this subsection referred to as the 
        `advisory committee'), which shall be composed of not more than 
        13 members appointed by the Board on the recommendation of the 
        president of the Accelerator.
            ``(2) Members.--Members of the advisory committee shall be 
        broadly representative of interests concerned with the 
        environment, production, commerce, finance, agriculture, 
        forestry, labor, services, and State Government. Of such 
        members--
                    ``(A) not fewer than 3 shall be representatives of 
                the small business community;
                    ``(B) not fewer than 2 shall be representatives of 
                the labor community, except that no 2 members may be 
                from the same labor union;
                    ``(C) not fewer than 2 shall be representatives of 
                the environmental nongovernmental organization 
                community, except that no 2 members may be from the 
                same environmental organization;
                    ``(D) not fewer than 2 shall be representatives of 
                the environmental justice nongovernmental organization 
                community, except that no 2 members may be from the 
                same environmental organization;
                    ``(E) not fewer than 2 shall be representatives of 
                the consumer protection and fair lending community, 
                except that no 2 members may be from the same consumer 
                protection or fair lending organization; and
                    ``(F) not fewer than 2 shall be representatives of 
                the financial services industry with knowledge of and 
                experience in financing transactions for clean energy 
                and other sustainable infrastructure assets.
            ``(3) Meetings.--The advisory committee shall meet not less 
        frequently than once each quarter.
            ``(4) Duties.--The advisory committee shall--
                    ``(A) advise the Accelerator on the programs 
                undertaken by the Accelerator; and
                    ``(B) 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 1623, including any suggestions for 
                improvement.
    ``(n) Chief Risk Officer.--
            ``(1) Appointment.--Subject to the approval of the Board, 
        the chief executive officer shall appoint a chief risk officer 
        from among individuals with experience at a senior level in 
        financial risk management, who--
                    ``(A) shall report directly to the Board; and
                    ``(B) shall be removable only by a majority vote of 
                the Board.
            ``(2) Duties.--The chief risk officer, in coordination with 
        the risk management and audit committees established under 
        section 1632, shall develop, implement, and manage a 
        comprehensive process for identifying, assessing, monitoring, 
        and limiting risks to the Accelerator, including the overall 
        portfolio diversification of the Accelerator.

``SEC. 1630. ADMINISTRATION.

    ``(a) Capitalization.--
            ``(1) In general.--To the extent and in the amounts 
        provided in advance in appropriations Acts, the Secretary of 
        Energy shall transfer to the Accelerator--
                    ``(A) $10,000,000,000 on the date on which the 
                Accelerator is established under section 1622; and
                    ``(B) $2,000,000,000 on October 1 of each of the 5 
                fiscal years following that date.
            ``(2) Authorization of appropriations.--For purposes of the 
        transfers under paragraph (1), there are authorized to be 
        appropriated--
                    ``(A) $10,000,000,000 for the fiscal year in which 
                the Accelerator is established under section 1622; and
                    ``(B) $2,000,000,000 for each of the 5 succeeding 
                fiscal years.
    ``(b) Charter.--The Accelerator shall establish a charter, the term 
of which shall be 30 years.
    ``(c) Use of Funds and Recycling.--To the extent and in the amounts 
provided in advance in appropriations Acts, the Accelerator--
            ``(1) may use funds transferred pursuant to subsection 
        (a)(1) to carry out this subtitle, including for operating 
        expenses; and
            ``(2) shall retain and manage all repayments and other 
        revenue received under this subtitle from financing fees, 
        interest, repaid loans, and other types of funding to carry out 
        this subtitle, including for--
                    ``(A) operating expenses; and
                    ``(B) recycling such payments and other revenue for 
                future lending and capital deployment in accordance 
                with this subtitle.
    ``(d) Report.--The Accelerator shall submit on a quarterly basis to 
the relevant committees of Congress a report that describes the 
financial activities, emissions reductions, and private capital 
mobilization metrics of the Accelerator for the previous quarter.
    ``(e) Restriction.--The Accelerator shall not accept deposits.
    ``(f) Committees.--The Board shall establish committees and 
subcommittees, including--
            ``(1) an investment committee; and
            ``(2) in accordance with section 1631--
                    ``(A) a risk management committee; and
                    ``(B) an audit committee.

``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT 
              COMMITTEE.

    ``(a) In General.--To assist the Board in fulfilling the duties and 
responsibilities of the Board under this subtitle, the Board shall 
establish a risk management committee and an audit committee.
    ``(b) Duties and Responsibilities of Risk Management Committee.--
Subject to the direction of the Board, the risk management committee 
established under subsection (a) shall establish policies for and have 
oversight responsibility for--
            ``(1) formulating the risk management policies of the 
        operations of the Accelerator;
            ``(2) reviewing and providing guidance on operation of the 
        global risk management framework of the Accelerator;
            ``(3) developing policies for--
                    ``(A) investment;
                    ``(B) enterprise risk management;
                    ``(C) monitoring; and
                    ``(D) management of strategic, reputational, 
                regulatory, operational, developmental, environmental, 
                social, and financial risks; and
            ``(4) developing the risk profile of the Accelerator, 
        including--
                    ``(A) a risk management and compliance framework; 
                and
                    ``(B) a governance structure to support that 
                framework.
    ``(c) Duties and Responsibilities of Audit Committee.--Subject to 
the direction of the Board, the audit committee established under 
subsection (a) shall have oversight responsibility for--
            ``(1) the integrity of--
                    ``(A) the financial reporting of the Accelerator; 
                and
                    ``(B) the systems of internal controls regarding 
                finance and accounting;
            ``(2) the integrity of the financial statements of the 
        Accelerator;
            ``(3) the performance of the internal audit function of the 
        Accelerator; and
            ``(4) compliance with the legal and regulatory requirements 
        related to the finances of the Accelerator.

``SEC. 1632. OVERSIGHT.

    ``(a) External Oversight.--The inspector general of the Department 
of Energy shall have oversight responsibilities over the Accelerator.
    ``(b) Reports and Audit.--
            ``(1) Annual report.--The Accelerator shall publish an 
        annual report which shall be transmitted by the Accelerator to 
        the President and the Congress.
            ``(2) Annual audit of accounts.--The accounts of the 
        Accelerator shall be audited annually. 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 undertaken.
            ``(3) Additional audits.--In addition to the annual audits 
        under paragraph (2), 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 States.''.

SEC. 33005. DAM SAFETY.

    (a) Dam Safety Conditions.--Section 10 of the Federal Power Act (16 
U.S.C. 803) is amended by adding at the end the following:
    ``(k) That the dam and other project works meet the Commission's 
dam safety requirements and that the licensee shall continue to manage, 
operate, and maintain the dam and other project works in a manner that 
ensures dam safety and public safety under the operating conditions of 
the license.''.
    (b) Dam Safety Requirements.--Section 15 of the Federal Power Act 
(16 U.S.C. 808) is amended by adding at the end the following:
    ``(g) 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 manage, operate, 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 license.''.
    (c) 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 license.
    (d) FERC Dam Safety Technical Conference With States.--
            (1) Technical conference.--Not later than April 1, 2022, 
        the Federal Energy Regulatory Commission, acting through the 
        Office of Energy Projects, shall hold a technical conference 
        with the States to discuss and provide information on--
                    (A) dam maintenance and repair;
                    (B) Risk Informed Decision Making (RIDM);
                    (C) climate and hydrological regional changes that 
                may affect the structural integrity of dams; and
                    (D) high hazard dams.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $1,000,000 for 
        fiscal year 2022.
            (3) State defined.--In this subsection, the term ``State'' 
        has the meaning given such term in section 3 of the Federal 
        Power Act (16 U.S.C. 796).
    (e) Required Dam Safety Communications Between FERC and States.--
            (1) In general.--The Commission, acting through the Office 
        of Energy Projects, shall notify a State within which a project 
        is located when--
                    (A) the Commission issues a finding, following a 
                dam safety inspection, that requires the licensee for 
                such project to take actions to repair the dam and 
                other project works that are the subject of such 
                finding;
                    (B) after a period of 5 years starting on the date 
                a finding under subparagraph (A) is issued, the 
                licensee has failed to take actions to repair the dam 
                and other project works, as required by such finding; 
                and
                    (C) the Commission initiates a non-compliance 
                proceeding or otherwise takes steps to revoke a license 
                issued under section 4 of the Federal Power Act (16 
                U.S.C. 797) due to the failure of a licensee to take 
                actions to repair a dam and other project works.
            (2) Notice upon revocation, surrender, 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 (16 U.S.C. 792 et seq.), 
        the Commission shall provide to the State within which the 
        project that relates to such license is located--
                    (A) all records pertaining to the structure and 
                operation of the applicable dam and other project 
                works, including, as applicable, any dam safety 
                inspection reports by independent consultants, 
                specifications for required repairs or maintenance of 
                such dam and other project works that have not been 
                completed, and estimates of the costs for such repairs 
                or maintenance;
                    (B) all records documenting the history of 
                maintenance or repair work for the applicable dam and 
                other project works;
                    (C) information on the age of the dam and other 
                project works and the hazard classification of the dam 
                and other project works;
                    (D) the most recent assessment of the condition of 
                the dam and other project works by the Commission;
                    (E) as applicable, the most recent hydrologic 
                information used to determine the potential maximum 
                flood for the dam and other project works; and
                    (F) the results of the most recent risk assessment 
                completed on the dam and other project works.
            (3) Definition.--In this subsection:
                    (A) Commission.--The term ``Commission'' means the 
                Federal Energy Regulatory Commission.
                    (B) Licensee.--The term ``licensee'' has the 
                meaning given such term in section 3 of the Federal 
                Power Act (16 U.S.C. 796).
                    (C) Project.--The term ``project'' has the meaning 
                given such term in section 3 of the Federal Power Act 
                (16 U.S.C. 796).

              Subtitle D--Smart Communities Infrastructure

                       PART 1--SMART COMMUNITIES

SEC. 34101. 3C ENERGY PROGRAM.

    (a) Establishment.--The Secretary of Energy shall establish a 
program to be known as the Cities, Counties, and Communities Energy 
Program (or the 3C Energy Program) to provide technical assistance and 
competitively awarded grants to local governments, public housing 
authorities, nonprofit organizations, and other entities the Secretary 
determines to be eligible, to incorporate clean energy into community 
development and revitalization efforts.
    (b) Best Practice Models.--The Secretary of Energy shall--
            (1) provide a recipient of technical assistance or a grant 
        under the program established under subsection (a) with best 
        practice models that are used in jurisdictions of similar size 
        and situation; and
            (2) assist such recipient in developing and implementing 
        strategies to achieve its clean energy technology goals.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 34102. FEDERAL TECHNOLOGY ASSISTANCE.

    (a) Smart City or Community Assistance Pilot Program.--
            (1) 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 communities, to improve the access of 
        such cities and communities to expertise, competencies, and 
        infrastructure of the national laboratories for the purpose of 
        promoting smart city or community technologies.
            (2) Partnerships.--In carrying out the program under this 
        subsection, the Secretary of Energy shall prioritize assistance 
        for cities and communities that have partnered with small 
        business concerns.
    (b) Technologist in Residence Pilot Program.--
            (1) 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 communities.
            (2) Requirements.--For purposes of the partnerships entered 
        into under paragraph (1), 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 
        community, in consultation with private sector entities 
        implementing smart city or community technologies.
    (c) Guidance.--The Secretary of Energy, in consultation with the 
Secretary of Commerce, shall issue guidance with respect to--
            (1) the scope of the programs established and implemented 
        under subsections (a) and (b); and
            (2) requests for proposals from local governments 
        interested in participating in such programs.
    (d) Considerations.--In establishing and implementing the programs 
under subsections (a) and (b), the Secretary of Energy shall seek to 
address the needs of small- and medium-sized cities.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 34103. TECHNOLOGY DEMONSTRATION GRANT PROGRAM.

    (a) 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 
communities, including small- and medium-sized cities.
    (b) Goals.--The goals of the program established under subsection 
(a) are--
            (1) to demonstrate--
                    (A) potential benefits of concentrated investments 
                in smart city or community technologies relating to 
                public safety that are repeatable and scalable; and
                    (B) the efficiency, reliability, and resilience of 
                civic infrastructure and services;
            (2) to facilitate the adoption of advanced smart city or 
        community technologies and systems; and
            (3) 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 practices.
    (c) Demonstration Projects.--
            (1) Eligibility.--Subject to paragraph (2), a unit of local 
        government shall be eligible to receive a grant for a 
        demonstration project under this section.
            (2) Cooperation.--To qualify for a demonstration project 
        under this section, a unit of local government shall agree to 
        follow applicable best practices identified by the Secretary of 
        Commerce and the Secretary of Energy, in consultation with 
        industry entities, to evaluate the effectiveness of the 
        implemented smart city or community technologies to ensure 
        that--
                    (A) technologies and interoperability can be 
                assessed;
                    (B) best practices can be shared; and
                    (C) data can be shared in a public, interoperable, 
                and transparent format.
            (3) Federal share of cost of technology investments.--The 
        Secretary of Commerce--
                    (A) subject to subparagraph (B), 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 50 percent of the 
                total cost of technology investments to incorporate and 
                assess smart city or community technologies in the 
                applicable jurisdiction; but
                    (B) may waive the cost-share requirement of 
                subparagraph (A) as the Secretary determines to be 
                appropriate.
    (d) Requirement.--In conducting demonstration projects under this 
section, the Secretary shall--
            (1) develop competitive, technology-neutral requirements;
            (2) seek to leverage ongoing or existing civic 
        infrastructure investments; and
            (3) take into consideration the non-Federal cost share as a 
        competitive criterion in applicant selection in order to 
        leverage non-Federal investment.
    (e) Public Availability of Data and Reports.--The Secretary of 
Commerce shall ensure that reports, public data sets, schematics, 
diagrams, and other works created using a grant provided under this 
section are--
            (1) available on a royalty-free, non-exclusive basis; and
            (2) open to the public to reproduce, publish, or otherwise 
        use, without cost.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (c) $100,000,000 for each of 
fiscal years 2022 through 2026.

SEC. 34104. SMART CITY OR COMMUNITY.

    (a) In General.--In this subpart, the term ``smart city or 
community'' means a community in which innovative, advanced, and 
trustworthy information and communication technologies and related 
mechanisms are applied--
            (1) to improve the quality of life for residents;
            (2) to increase the efficiency and cost effectiveness of 
        civic operations and services;
            (3) to promote economic growth; and
            (4) to create a community that is safer and more secure, 
        sustainable, resilient, livable, and workable.
    (b) Inclusions.--The term ``smart city or community'' includes a 
local jurisdiction that--
            (1) gathers and incorporates data from systems, devices, 
        and sensors embedded in civic systems and infrastructure to 
        improve the effectiveness and efficiency of civic operations 
        and services;
            (2) aggregates and analyzes gathered data;
            (3) communicates the analysis and data in a variety of 
        formats;
            (4) makes corresponding improvements to civic systems and 
        services based on gathered data; and
            (5) integrates measures--
                    (A) to ensure the resilience of civic systems 
                against cybersecurity threats and physical and social 
                vulnerabilities and breaches;
                    (B) to protect the private data of residents; and
                    (C) to measure the impact of smart city or 
                community technologies on the effectiveness and 
                efficiency of civic operations and services.

                 PART 2--CLEAN CITIES COALITION PROGRAM

SEC. 34201. CLEAN CITIES COALITION PROGRAM.

    (a) In General.--The Secretary shall carry out a program to be 
known as the Clean Cities Coalition Program.
    (b) Program Elements.--In carrying out the program under subsection 
(a), the Secretary shall--
            (1) establish criteria for designating local and regional 
        Clean Cities Coalitions;
            (2) designate local and regional Clean Cities Coalitions 
        that the Secretary determines meet the criteria established 
        under paragraph (1);
            (3) make awards to each designated Clean Cities Coalition 
        for administrative and program expenses of the coalition;
            (4) make competitive awards to designated Clean Cities 
        Coalitions for projects and activities described in subsection 
        (c);
            (5) provide technical assistance and training to designated 
        Clean Cities Coalitions;
            (6) provide opportunities for communication and sharing of 
        best practices among designated Clean Cities Coalitions; and
            (7) maintain, and make available to the public, a 
        centralized database of information included in the reports 
        submitted under subsection (d).
    (c) Projects and Activities.--Projects and activities eligible for 
awards under subsection (b)(4) are projects and activities that reduce 
petroleum consumption, improve air quality, promote energy and economic 
security, and encourage deployment of a diverse, domestic supply of 
alternative fuels in the transportation sector by--
            (1) encouraging the purchase and use of alternative fuel 
        vehicles and alternative fuels, including by fleet managers;
            (2) expediting the establishment of local, regional, and 
        national infrastructure to fuel alternative fuel vehicles;
            (3) advancing the use of other petroleum fuel reduction 
        technologies and strategies;
            (4) conducting outreach and education activities to advance 
        the use of alternative fuels and alternative fuel vehicles;
            (5) providing training and technical assistance and tools 
        to users that adopt petroleum fuel reduction technologies; or
            (6) collaborating with and training officials and first 
        responders with responsibility for permitting and enforcing 
        fire, building, and other safety codes related to the 
        deployment and use of alternative fuels or alternative fuel 
        vehicles.
    (d) Annual Report.--Each designated Clean Cities Coalition shall 
submit an annual report to the Secretary on the activities and 
accomplishments of the coalition.
    (e) Definitions.--In this section:
            (1) Alternative fuel.--The term ``alternative fuel'' has 
        the meaning given such term in section 32901 of title 49, 
        United States Code.
            (2) Alternative fuel vehicle.--The term ``alternative fuel 
        vehicle'' means any vehicle that is capable of operating, 
        partially or exclusively, on an alternative fuel.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (f) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section--
                    (A) $50,000,000 for fiscal year 2022;
                    (B) $60,000,000 for fiscal year 2023;
                    (C) $75,000,000 for fiscal year 2024;
                    (D) $90,000,000 for fiscal year 2025; and
                    (E) $100,000,000 for fiscal year 2026.
            (2) Allocations.--The Secretary shall allocate funds made 
        available to carry out this section in each fiscal year as 
        follows:
                    (A) 30 percent of such funds shall be distributed 
                as awards under subsection (b)(3).
                    (B) 50 percent of such funds shall be distributed 
                as competitive awards under subsection (b)(4).
                    (C) 20 percent of such funds shall be used to carry 
                out the duties of the Secretary under this section.

                     PART 3--VEHICLE INFRASTRUCTURE

               Subpart A--Electric Vehicle Infrastructure

SEC. 34311. DEFINITIONS.

    In this part:
            (1) Electric vehicle supply equipment.--The term ``electric 
        vehicle supply equipment'' means any conductors, including 
        ungrounded, grounded, and equipment grounding conductors, 
        electric vehicle connectors, attachment plugs, and all other 
        fittings, devices, power outlets, or apparatuses installed 
        specifically for the purpose of delivering energy to an 
        electric vehicle.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Underserved or disadvantaged community.--The term 
        ``underserved or disadvantaged community'' means--
                    (A) a community located in a ZIP code that includes 
                a census tract that is identified as--
                            (i) a low-income community; or
                            (ii) a community of color;
                    (B) a community in which climate change, pollution, 
                or environmental destruction have exacerbated systemic 
                racial, regional, social, environmental, and economic 
                injustices by disproportionately affecting indigenous 
                peoples, communities of color, migrant communities, 
                deindustrialized communities, depopulated rural 
                communities, the poor, low-income workers, women, the 
                elderly, the unhoused, people with disabilities, or 
                youth; or
                    (C) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, and environmental stressors.

SEC. 34312. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.

    (a) Rebate Program.--Not later than January 1, 2022, the Secretary 
shall establish a rebate program to provide rebates for covered 
expenses associated with publicly accessible electric vehicle supply 
equipment (in this section referred to as the ``rebate program'').
    (b) Rebate Program Requirements.--
            (1) Eligible entities.--A rebate under the rebate program 
        may be made to an individual, a State, local, Tribal, or 
        Territorial government, a private entity, a not-for-profit 
        entity, a nonprofit entity, or a metropolitan planning 
        organization.
            (2) Eligible equipment.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                publish and maintain on the Department of Energy 
                internet website a list of electric vehicle supply 
                equipment that is eligible for the rebate program.
                    (B) Updates.--The Secretary may, by regulation, add 
                to, or otherwise revise, the list of electric vehicle 
                supply equipment under subparagraph (A) if the 
                Secretary determines that such addition or revision 
                will likely lead to--
                            (i) greater usage of electric vehicle 
                        supply equipment;
                            (ii) greater access to electric vehicle 
                        supply equipment by users; or
                            (iii) an improved experience for users of 
                        electric vehicle supply equipment, including 
                        accessibility in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.).
                    (C) Location requirement.--To be eligible for the 
                rebate program, the electric vehicle supply equipment 
                described in subparagraph (A) shall be installed--
                            (i) in the United States;
                            (ii) on property--
                                    (I) owned by the eligible entity 
                                under paragraph (1); or
                                    (II) on which the eligible entity 
                                under paragraph (1) has authority to 
                                install electric vehicle supply 
                                equipment; and
                            (iii) at a location that is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
            (3) Application.--
                    (A) In general.--An eligible entity under paragraph 
                (1) may submit to the Secretary an application for a 
                rebate under the rebate program. Such application shall 
                include--
                            (i) the estimated cost of covered expenses 
                        to be expended on the electric vehicle supply 
                        equipment that is eligible under paragraph (2);
                            (ii) the estimated installation cost of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (iii) the global positioning system 
                        location, including the integer number of 
                        degrees, minutes, and seconds, where such 
                        electric vehicle supply equipment is to be 
                        installed, and identification of whether such 
                        location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
                            (iv) the technical specifications of such 
                        electric vehicle supply equipment, including 
                        the maximum power voltage and amperage of such 
                        equipment;
                            (v) an identification of any existing 
                        electric vehicle supply equipment that--
                                    (I) is available to the public for 
                                a minimum of 12 hours per day; and
                                    (II) is not further than 50 miles 
                                from the global positioning system 
                                location identified under clause (iii); 
                                and
                            (vi) any other information determined by 
                        the Secretary to be necessary for a complete 
                        application.
                    (B) Review process.--The Secretary shall review an 
                application for a rebate under the rebate program and 
                approve an eligible entity under paragraph (1) to 
                receive such rebate if the application meets the 
                requirements of the rebate program under this 
                subsection.
                    (C) Notification to eligible entity.--Not later 
                than 1 year after the date on which the eligible entity 
                under paragraph (1) applies for a rebate under the 
                rebate program, the 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 (5).
            (4) Rebate amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amount of a rebate made under the rebate 
                program for each charging unit shall be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $2,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $4,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $100,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
                    (B) Rebate amount for replacement equipment.--A 
                rebate made under the rebate program for replacement of 
                pre-existing electric vehicle supply equipment at a 
                single location shall be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $1,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $2,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $25,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
            (5) Disbursement of rebate.--
                    (A) In general.--The Secretary shall disburse a 
                rebate under the rebate program to an eligible entity 
                under paragraph (1), following approval of an 
                application under paragraph (3), if such entity submits 
                the materials required under subparagraph (B).
                    (B) Materials required for disbursement of 
                rebate.--Not later than one year after the date on 
                which the eligible entity under paragraph (1) receives 
                notice under paragraph (3)(C) that the eligible entity 
                has been approved for a rebate, such eligible entity 
                shall submit to the Secretary the following--
                            (i) a record of payment for covered 
                        expenses expended on the installation of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (ii) a record of payment for the electric 
                        vehicle supply equipment that is eligible under 
                        paragraph (2);
                            (iii) the global positioning system 
                        location of where such electric vehicle supply 
                        equipment was installed and identification of 
                        whether such location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
                            (iv) the technical specifications of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2), including the 
                        maximum power voltage and amperage of such 
                        equipment; and
                            (v) any other information determined by the 
                        Secretary to be necessary.
                    (C) Agreement to maintain.--To be eligible for a 
                rebate under the rebate program, an eligible entity 
                under paragraph (1) shall enter into an agreement with 
                the Secretary to maintain the electric vehicle supply 
                equipment that is eligible under paragraph (2) in a 
                satisfactory manner for not less than 5 years after the 
                date on which the eligible entity under paragraph (1) 
                receives the rebate under the rebate program.
                    (D) Exception.--The Secretary shall not disburse a 
                rebate under the rebate program if materials submitted 
                under subparagraph (B) do not meet the same global 
                positioning system location and technical 
                specifications for the electric vehicle supply 
                equipment that is eligible under paragraph (2) provided 
                in an application under paragraph (3).
            (6) Multi-port chargers.--An eligible entity under 
        paragraph (1) shall be awarded a rebate under the rebate 
        program for covered expenses relating to the purchase and 
        installation of a multi-port charger based on the number of 
        publicly accessible charging ports, with each subsequent port 
        after the first port being eligible for 50 percent of the full 
        rebate amount.
            (7) Networked direct current fast charging.--Of amounts 
        appropriated to carry out the rebate program, not more than 40 
        percent may be used for rebates of networked direct current 
        fast charging equipment.
            (8) Hydrogen fuel cell refueling infrastructure.--Hydrogen 
        refueling equipment shall be eligible for a rebate under the 
        rebate program as though it were networked direct current fast 
        charging equipment. All requirements related to public 
        accessibility of installed locations shall apply.
            (9) Report.--Not later than 3 years after the first date on 
        which the Secretary awards a rebate under the rebate program, 
        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 (2)(C)(iii).
    (c) Definitions.--In this section:
            (1) Covered expenses.--The term ``covered expenses'' means 
        an expense that is associated with the purchase and 
        installation of electric vehicle supply equipment, including--
                    (A) the cost of electric vehicle supply equipment;
                    (B) labor costs associated with the installation of 
                such electric vehicle supply equipment, only if wages 
                for such labor are paid at rates not less than those 
                prevailing on similar labor in the locality of 
                installation, as determined by the Secretary of Labor 
                under subchapter IV of chapter 31 of title 40, United 
                States Code (commonly referred to as the ``Davis-Bacon 
                Act'');
                    (C) material costs associated with the installation 
                of such electric vehicle supply equipment, 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 equipment;
                    (D) permit costs associated with the installation 
                of such electric vehicle supply equipment; and
                    (E) the cost of an on-site energy storage system.
            (2) Electric vehicle.--The term ``electric vehicle'' means 
        a vehicle that derives all or part of its power from 
        electricity.
            (3) Multi-port charger.--The term ``multi-port charger'' 
        means electric vehicle supply equipment capable of charging 
        more than one electric vehicle.
            (4) Level 2 charging equipment.--The term ``level 2 
        charging equipment'' means electric vehicle supply equipment 
        that provides an alternating current power source at a minimum 
        of 208 volts.
            (5) 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 50 kilowatts and is 
        enabled to connect to a network to facilitate data collection 
        and access.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 34313. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.

    (a) Review.--The Secretary shall review proposed or final model 
building codes for--
            (1) integrating electric vehicle supply equipment into 
        residential and commercial buildings that include space for 
        individual vehicle or fleet vehicle parking; and
            (2) integrating onsite renewable power equipment and 
        electric storage equipment (including electric vehicle 
        batteries to be used for electric storage) into residential and 
        commercial buildings.
    (b) Technical Assistance.--The Secretary shall provide technical 
assistance to stakeholders representing the building construction 
industry, manufacturers of electric vehicles and electric vehicle 
supply equipment, State and local governments, and any other persons 
with relevant expertise or interests to facilitate understanding of the 
model code and best practices for adoption by jurisdictions.

SEC. 34314. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, acting through the Assistant Secretary of 
the Office of Electricity Delivery and Energy Reliability (including 
the Smart Grid Task Force), shall convene a group to assess progress in 
the development of standards necessary to--
            (1) support the expanded deployment of electric vehicle 
        supply equipment;
            (2) develop an electric vehicle charging network to provide 
        reliable charging for electric vehicles nationwide, taking into 
        consideration range anxiety and the location of charging 
        infrastructure to ensure an electric vehicle can travel 
        throughout the United States without losing a charge; and
            (3) ensure the development of such network will not 
        compromise the stability and reliability of the electric grid.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall provide to the Committee on 
Energy and Commerce of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate a report 
containing the results of the assessment carried out under subsection 
(a) and recommendations to overcome any barriers to standards 
development or adoption identified by the group convened under such 
subsection.

SEC. 34315. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.

    (a) Consideration and Determination Respecting Certain Ratemaking 
Standards.--Section 111(d) of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the 
following:
            ``(20) Electric vehicle charging programs.--
                    ``(A) In general.--Each State shall consider 
                measures to promote greater electrification of the 
                transportation sector, including--
                            ``(i) authorizing measures to stimulate 
                        investment in and deployment of electric 
                        vehicle supply equipment and to foster the 
                        market for electric vehicle charging;
                            ``(ii) authorizing each electric utility of 
                        the State to recover from ratepayers any 
                        capital, operating expenditure, or other costs 
                        of the electric utility relating to load 
                        management, programs, or investments associated 
                        with the integration of electric vehicle supply 
                        equipment into the grid; and
                            ``(iii) allowing a person or agency that 
                        owns and operates an electric vehicle charging 
                        facility for the sole purpose of recharging an 
                        electric vehicle battery to be excluded from 
                        regulation as an electric utility pursuant to 
                        section 3(4) when making electricity sales from 
                        the use of the electric vehicle charging 
                        facility, if such sales are the only sales of 
                        electricity made by the person or agency.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `electric vehicle supply equipment' means 
                conductors, including ungrounded, grounded, and 
                equipment grounding conductors, electric vehicle 
                connectors, attachment plugs, and all other fittings, 
                devices, power outlets, or apparatuses installed 
                specifically for the purpose of delivering energy to an 
                electric vehicle.''.
    (b) Obligations To Consider and Determine.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority) and each nonregulated electric utility shall 
        commence the consideration referred to in section 111, or set a 
        hearing date for consideration, with respect to the standards 
        established by paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority), and each nonregulated electric utility, 
        shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to each 
        standard established by paragraph (20) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by adding at the end the following: ``In the case of 
        the standard established by paragraph (20) of section 111(d), 
        the reference contained in this subsection to the date of 
        enactment of this Act shall be deemed to be a reference to the 
        date of enactment of that paragraph.''.
            (3) Prior state actions.--Section 112 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by 
        adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (20) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
            ``(1) the State has implemented for such utility the 
        standard concerned (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility;
            ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such utility; 
        or
            ``(4) the State has taken action to implement incentives or 
        other steps to strongly encourage the deployment of electric 
        vehicles.''.
            (4) Prior and pending proceedings.--Section 124 of the 
        Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) 
        is amended is amended by adding at the end the following: ``In 
        the case of the standard established by paragraph (20) of 
        section 111(d), the reference contained in this section to the 
        date of the enactment of this Act shall be deemed to be a 
        reference to the date of enactment of such paragraph (20).''.

SEC. 34316. STATE ENERGY PLANS.

    (a) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
            (1) in paragraph (16), by striking ``; and'' and inserting 
        a semicolon;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) a State energy transportation plan developed in 
        accordance with section 367; and''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as 
follows:
    ``(f) Authorization of Appropriations.--
            ``(1) State energy conservation plans.--For the purpose of 
        carrying out this part, there are authorized to be appropriated 
        $100,000,000 for each of fiscal years 2022 through 2026.
            ``(2) State energy transportation plans.--In addition to 
        the amounts authorized under paragraph (1), for the purpose of 
        carrying out section 367, there are authorized to be 
        appropriated $25,000,000 for each of fiscal years 2022 through 
        2026.''.
    (c) State Energy Transportation Plans.--
            (1) In general.--Part D of title III of the Energy Policy 
        and Conservation Act (42 U.S.C. 6321 et seq.) is further 
        amended by adding at the end the following:

``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.

    ``(a) In General.--The Secretary may provide financial assistance 
to a State to develop a State energy transportation plan, for inclusion 
in a State energy conservation plan under section 362(d), to promote 
the electrification of the transportation system, reduced consumption 
of fossil fuels, and improved air quality.
    ``(b) 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 362.
    ``(c) Contents.--A State developing a State energy transportation 
plan under this section shall include in such plan a plan to--
            ``(1) deploy a network of electric vehicle supply equipment 
        to ensure access to electricity for electric vehicles, 
        including commercial vehicles, to an extent that such electric 
        vehicles can travel throughout the State without running out of 
        a charge; and
            ``(2) promote modernization of the electric grid, including 
        through the use of renewable energy sources to power the 
        electric grid, to accommodate demand for power to operate 
        electric vehicle supply equipment and to utilize energy storage 
        capacity provided by electric vehicles, including commercial 
        vehicles.
    ``(d) Coordination.--In developing a State energy transportation 
plan under this section, a State shall coordinate, as appropriate, 
with--
            ``(1) State regulatory authorities (as defined in section 3 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2602));
            ``(2) electric utilities;
            ``(3) regional transmission organizations or independent 
        system operators;
            ``(4) private entities that provide electric vehicle 
        charging services;
            ``(5) State transportation agencies, metropolitan planning 
        organizations, and local governments;
            ``(6) electric vehicle manufacturers;
            ``(7) public and private entities that manage vehicle 
        fleets; and
            ``(8) public and private entities that manage ports, 
        airports, or other transportation hubs.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary shall provide information and technical assistance 
in the development, implementation, or revision of a State energy 
transportation plan.
    ``(f) Electric Vehicle Supply Equipment Defined.--For purposes of 
this section, the term `electric vehicle supply equipment' means 
conductors, including ungrounded, grounded, and equipment grounding 
conductors, electric vehicle connectors, attachment plugs, and all 
other fittings, devices, power outlets, or apparatuses installed 
specifically for the purpose of delivering energy to an electric 
vehicle.''.
            (2) Conforming amendment.--The table of sections for part D 
        of title III of the Energy Policy and Conservation Act is 
        further amended by adding at the end the following:

``Sec. 367. State energy security plans.''.

SEC. 34317. TRANSPORTATION ELECTRIFICATION.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) is amended--
            (1) in subsection (a)(6)--
                    (A) in subparagraph (A), by inserting ``, including 
                ground support equipment at ports'' before the 
                semicolon;
                    (B) in subparagraph (E), by inserting ``and 
                vehicles'' before the semicolon;
                    (C) in subparagraph (H), by striking ``and'' at the 
                end;
                    (D) in subparagraph (I)--
                            (i) by striking ``battery chargers,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(J) installation of electric vehicle supply 
                equipment for recharging plug-in electric drive 
                vehicles, including such equipment that is accessible 
                in rural and urban areas and in underserved or 
                disadvantaged communities and such equipment for 
                medium- and heavy-duty vehicles, including at depots 
                and in-route locations;
                    ``(K) multi-use charging hubs used for multiple 
                forms of transportation;
                    ``(L) medium- and heavy-duty vehicle smart charging 
                management and refueling;
                    ``(M) battery recycling and secondary use, 
                including for medium- and heavy-duty vehicles; and
                    ``(N) sharing of best practices, and technical 
                assistance provided by the Department to public 
                utilities commissions and utilities, for medium- and 
                heavy-duty vehicle electrification.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(A)(ii), by inserting ``, 
                components for such vehicles, and charging equipment 
                for such vehicles'' after ``vehicles''; and
                    (B) in paragraph (6), by striking ``$90,000,000 for 
                each of fiscal years 2008 through 2012'' and inserting 
                ``$2,000,000,000 for each of fiscal years 2022 through 
                2026'';
            (3) in subsection (c)--
                    (A) in the header, by striking ``Near-Term'' and 
                inserting ``Large-Scale''; and
                    (B) in paragraph (4), by striking ``$95,000,000 for 
                each of fiscal years 2008 through 2013'' and inserting 
                ``$2,500,000,000 for each of fiscal years 2022 through 
                2026''; and
            (4) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) Priority.--In providing grants under subsections (b) and (c), 
the Secretary shall give priority consideration to applications that 
contain a written assurance that all laborers and mechanics employed by 
contractors or subcontractors during construction, alteration, or 
repair that is financed, in whole or in part, by a grant provided 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 sections 3141 through 3144, 
3146, and 3147 of title 40, United States Code (and the Secretary of 
Labor shall, with respect to the labor standards described in this 
clause, have the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, 
United States Code).''.

SEC. 34318. FEDERAL FLEETS.

    (a) Minimum Federal Fleet Requirement.--Section 303 of the Energy 
Policy Act of 1992 (42 U.S.C. 13212) is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3) The Secretary, in consultation with the Administrator of 
General Services, shall ensure that in acquiring medium- and heavy-duty 
vehicles for a Federal fleet, a Federal entity shall acquire zero 
emission vehicles to the maximum extent feasible.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Percentage Requirements.--
            ``(1) In general.--
                    ``(A) Light-duty vehicles.--Beginning in fiscal 
                year 2025, 100 percent of the total number of light-
                duty vehicles acquired by a Federal entity for a 
                Federal fleet shall be alternative fueled vehicles, of 
                which--
                            ``(i) at least 50 percent shall be zero 
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2025 through 2034;
                            ``(ii) at least 75 percent shall be zero 
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2035 through 2049; and
                            ``(iii) 100 percent shall be zero emission 
                        vehicles in fiscal year 2050 and thereafter.
                    ``(B) 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 
                vehicles:
                            ``(i) At least 20 percent in fiscal years 
                        2025 through 2029.
                            ``(ii) At least 30 percent in fiscal years 
                        2030 through 2039.
                            ``(iii) At least 40 percent in fiscal years 
                        2040 through 2049.
                            ``(iv) At least 50 percent in fiscal year 
                        2050 and thereafter.
            ``(2) Exception.--The Secretary, in consultation with the 
        Administrator of General Services where appropriate, may permit 
        a Federal entity to acquire for a Federal fleet a smaller 
        percentage than is required in paragraph (1) for a fiscal year, 
        so long as the aggregate percentage acquired for each class of 
        vehicle for all Federal fleets in the fiscal year is at least 
        equal to the required percentage.
            ``(3) Definitions.--In this subsection:
                    ``(A) Federal fleet.--The term `Federal fleet' 
                means a fleet of vehicles that are centrally fueled or 
                capable of being centrally fueled and are owned, 
                operated, leased, or otherwise controlled by or 
                assigned to any Federal executive department, military 
                department, Government corporation, independent 
                establishment, or executive agency, the United States 
                Postal Service, the Congress, the courts of the United 
                States, or the Executive Office of the President. Such 
                term does not include--
                            ``(i) motor vehicles held for lease or 
                        rental to the general public;
                            ``(ii) motor vehicles used for motor 
                        vehicle manufacturer product evaluations or 
                        tests;
                            ``(iii) law enforcement vehicles;
                            ``(iv) emergency vehicles; or
                            ``(v) motor vehicles acquired and used for 
                        military purposes that the Secretary of Defense 
                        has certified to the Secretary must be exempt 
                        for national security reasons.
                    ``(B) Fleet.--The term `fleet' means--
                            ``(i) 20 or more light-duty vehicles, 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000; or
                            ``(ii) 10 or more medium- or heavy-duty 
                        vehicles, located at a Federal facility or 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000.''; and
            (3) in subsection (f)(2)(B)--
                    (A) by striking ``, either''; and
                    (B) in clause (i), by striking ``or'' and inserting 
                ``and''.
    (b) Federal Fleet Conservation Requirements.--Section 400FF(a) of 
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``18 months after the date of 
                enactment of this section'' and inserting ``12 months 
                after the date of enactment of the Leading 
                Infrastructure For Tomorrow's America Act'';
                    (B) by striking ``2010'' and inserting ``2022''; 
                and
                    (C) by striking ``and increase alternative fuel 
                consumption'' and inserting ``, increase alternative 
                fuel consumption, and reduce vehicle greenhouse gas 
                emissions''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Goals.--The goals of the requirements under paragraph 
        (1) are that each Federal agency shall--
                    ``(A) reduce fleet-wide per-mile greenhouse gas 
                emissions from agency fleet vehicles, relative to a 
                baseline of emissions in 2015, by--
                            ``(i) not less than 30 percent by the end 
                        of fiscal year 2025;
                            ``(ii) not less than 50 percent by the end 
                        of fiscal year 2030; and
                            ``(iii) 100 percent by the end of fiscal 
                        year 2050; and
                    ``(B) increase the annual percentage of alternative 
                fuel consumption by agency fleet vehicles as a 
                proportion of total annual fuel consumption by Federal 
                fleet vehicles, to achieve--
                            ``(i) 25 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2025;
                            ``(ii) 50 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2035; and
                            ``(iii) at least 85 percent of total annual 
                        fuel consumption that is alternative fuel by 
                        the end of fiscal year 2050.''.

        Subpart B--Electric Vehicles for Underserved Communities

SEC. 34321. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND 
              DISADVANTAGED COMMUNITIES.

    (a) In General.--
            (1) Assessment.--The Secretary shall conduct an assessment 
        of the state of, challenges to, and opportunities for the 
        deployment of electric vehicle charging infrastructure in 
        underserved or disadvantaged communities located throughout the 
        United States.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, 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 paragraph (1), which shall--
                    (A) describe the state of deployment of electric 
                vehicle charging infrastructure in underserved or 
                disadvantaged communities located in urban, suburban, 
                and rural areas, including description of--
                            (i) the state of deployment of electric 
                        vehicle charging infrastructure that is--
                                    (I) publicly accessible;
                                    (II) installed in or available to 
                                occupants of public and affordable 
                                housing;
                                    (III) installed in or available to 
                                occupants of multi-unit dwellings;
                                    (IV) available to public sector and 
                                commercial fleets; and
                                    (V) installed in or available at 
                                places of work;
                            (ii) policies, plans, and programs that 
                        cities, States, utilities, and private entities 
                        are using to encourage greater deployment and 
                        usage of electric vehicles and the associated 
                        electric vehicle charging infrastructure, 
                        including programs to encourage deployment of 
                        publicly accessible electric vehicle charging 
                        stations and electric vehicle charging stations 
                        available to residents in publicly owned and 
                        privately owned multi-unit dwellings;
                            (iii) ownership models for Level 2 charging 
                        stations and DC FAST charging stations located 
                        in residential multi-unit dwellings, commercial 
                        buildings, and publicly accessible areas;
                            (iv) mechanisms for financing electric 
                        vehicle charging stations; and
                            (v) rates charged for the use of Level 2 
                        charging stations and DC FAST charging 
                        stations;
                    (B) identify current barriers to expanding 
                deployment of electric vehicle charging infrastructure 
                in underserved or disadvantaged communities in urban, 
                suburban, and rural areas, including barriers to 
                expanding deployment of publicly accessible electric 
                vehicle charging infrastructure;
                    (C) identify the potential for, and barriers to, 
                recruiting and entering into contracts with locally 
                owned small and disadvantaged businesses, including 
                women and minority-owned businesses, to deploy electric 
                vehicle charging infrastructure in underserved or 
                disadvantaged communities in urban, suburban, and rural 
                areas;
                    (D) compile and provide an analysis of best 
                practices and policies used by State and local 
                governments, nonprofit organizations, and private 
                entities to increase deployment of electric vehicle 
                charging infrastructure in underserved or disadvantaged 
                communities in urban, suburban, and rural areas, 
                including best practices and policies relating to--
                            (i) public outreach and engagement;
                            (ii) increasing deployment of publicly 
                        accessible electric vehicle charging 
                        infrastructure; and
                            (iii) increasing deployment of electric 
                        vehicle charging infrastructure in publicly 
                        owned and privately owned multi-unit dwellings;
                    (E) to the extent practicable, enumerate and 
                identify in urban, suburban, and rural areas within 
                each State with detail at the level of ZIP Codes and 
                census tracts--
                            (i) the number of existing and planned 
                        publicly accessible Level 2 charging stations 
                        and DC FAST charging stations for individually 
                        owned light-duty and medium-duty electric 
                        vehicles;
                            (ii) the number of existing and planned 
                        Level 2 charging stations and DC FAST charging 
                        stations for public sector and commercial fleet 
                        electric vehicles and medium- and heavy-duty 
                        electric vehicles; and
                            (iii) the number and type of electric 
                        vehicle charging stations installed in or 
                        available to occupants of public and affordable 
                        housing; and
                    (F) describe the methodology used to obtain the 
                information provided in the report.
    (b) Five-Year Update Assessment.--Not later than 5 years after the 
date of the enactment of this Act, the Secretary shall--
            (1) update the assessment conducted under subsection 
        (a)(1); and
            (2) 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 report, which 
        shall--
                    (A) update the information required by subsection 
                (a)(2); and
                    (B) include a description of case studies and key 
                lessons learned after the date on which the report 
                under subsection (a)(2) was submitted with respect to 
                expanding the deployment of electric vehicle charging 
                infrastructure in underserved or disadvantaged 
                communities in urban, suburban, and rural areas.

SEC. 34322. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED 
              COMMUNITIES.

    In administering a relevant program, the Secretary shall, to the 
extent practicable, invest or direct available and relevant 
programmatic resources so that such program--
            (1) promotes electric vehicle charging infrastructure;
            (2) supports clean and multi-modal transportation;
            (3) provides improved air quality and emissions reductions; 
        and
            (4) prioritizes the needs of underserved or disadvantaged 
        communities.

SEC. 34323. DEFINITIONS.

    In this part:
            (1) Electric vehicle charging infrastructure.--The term 
        ``electric vehicle charging infrastructure'' means electric 
        vehicle supply equipment, including any conductors, electric 
        vehicle connectors, attachment plugs, and all other fittings, 
        devices, power outlets, or apparatuses installed specifically 
        for the purposes of delivering energy to an electric vehicle.
            (2) Publicly accessible.--The term ``publicly accessible'' 
        means, with respect to electric vehicle charging 
        infrastructure, electric vehicle charging infrastructure that 
        is available, at zero or reasonable cost, to members of the 
        public for the purpose of charging a privately owned or leased 
        electric vehicle, or electric vehicle that is available for use 
        by members of the general public as part of a ride service or 
        vehicle sharing service or program, including within or 
        around--
                    (A) public sidewalks and streets;
                    (B) public parks;
                    (C) public buildings, including--
                            (i) libraries;
                            (ii) schools; and
                            (iii) government offices;
                    (D) public parking;
                    (E) shopping centers; and
                    (F) commuter transit hubs.
            (3) Relevant program.--The term ``relevant program'' means 
        a program of the Department of Energy, including--
                    (A) the State energy program under part D of title 
                III the Energy Policy and Conservation Act (42 U.S.C. 
                6321 et seq.);
                    (B) the Clean Cities program;
                    (C) the Energy Efficiency and Conservation Block 
                Grant Program established under section 542 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17152);
                    (D) loan guarantees made pursuant to title XVII of 
                the Energy Policy Act of 2005 (42 U.S.C. 16511 et 
                seq.); and
                    (E) such other programs as the Secretary determines 
                appropriate.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) Underserved or disadvantaged community.--The term 
        ``underserved or disadvantaged community'' means a community 
        located within a ZIP Code or census tract that is identified 
        as--
                    (A) a low-income community;
                    (B) a community of color;
                    (C) a Tribal community;
                    (D) having a disproportionately low number of 
                electric vehicle charging stations per capita, compared 
                to similar areas; or
                    (E) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, environmental, and climate stressors.

          Subpart C--Port Electrification and Decarbonization

SEC. 34331. DEFINITIONS.

    For purposes of this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Alternative emissions control technology.--The term 
        ``alternative emissions control technology'' means any 
        technology, technique, or measure that--
                    (A) captures the emissions of nitrogen oxide, 
                particulate matter, reactive organic compounds, and 
                greenhouse gases from the auxiliary engine and 
                auxiliary boiler of an ocean-going vessel at berth;
                    (B) is verified or approved by a State or Federal 
                air quality regulatory agency; and
                    (C) the use of which achieves at least the 
                equivalent reduction of such emissions as the use of 
                shore power for an ocean-going vessel at berth.
            (3) Cargo-handling equipment.--The term ``cargo-handling 
        equipment'' includes--
                    (A) ship-to-shore container cranes and other 
                cranes;
                    (B) container-handling equipment; and
                    (C) equipment for moving or handling cargo, 
                including trucks, reachstackers, toploaders, and 
                forklifts.
            (4) Criteria pollutant.--The term ``criteria pollutant'' 
        means any air pollutant for which a national ambient air 
        quality standard is in effect under section 109 of the Clean 
        Air Act (42 U.S.C. 7409).
            (5) Distributed energy system.--
                    (A) In general.--The term ``distributed energy 
                system'' means any energy system that--
                            (i) is located on or near a customer site;
                            (ii) is operated on the customer side of 
                        the electric meter; and
                            (iii) is interconnected with the electric 
                        grid.
                    (B) Inclusions.--The term ``distributed energy 
                system'' includes--
                            (i) clean electricity generation;
                            (ii) energy efficiency;
                            (iii) energy demand management;
                            (iv) an energy storage system; and
                            (v) a microgrid.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a port authority;
                    (B) a State, regional, local, or Tribal agency that 
                has jurisdiction over a port authority or a port;
                    (C) an air pollution control district or air 
                quality management district; or
                    (D) a private entity (including any nonprofit 
                organization) that--
                            (i) applies for a grant under this section 
                        in partnership with an entity described in 
                        subparagraph (A), (B), or (C); and
                            (ii) owns, operates, or uses the 
                        facilities, cargo-handling equipment, 
                        transportation equipment, or related technology 
                        of a port.
            (7) Energy storage system.--The term ``energy storage 
        system'' means any system, equipment, facility, or technology 
        that--
                    (A) is capable of storing energy for a period of 
                time and dispatching the stored energy; and
                    (B) uses a mechanical, electrical, chemical, 
                electrochemical, or thermal process to store energy 
                that--
                            (i) was generated at an earlier time for 
                        use at a later time; or
                            (ii) was generated from a mechanical 
                        process, and would otherwise be wasted, for use 
                        at a later time.
            (8) Environmental justice community.--The term 
        ``environmental justice community'' means any population of 
        color, community of color, indigenous community, or low-income 
        community that experiences a disproportionate burden of the 
        negative human health and environmental impacts of pollution or 
        other environmental hazards.
            (9) Fully automated cargo-handling equipment.--The term 
        ``fully automated cargo-handling equipment'' means cargo-
        handling equipment that does not require the exercise of human 
        intervention or control to operate or monitor, through either 
        direct or remote means.
            (10) Harbor vessel.--The term ``harbor vessel'' means a 
        ship, boat, lighter, or maritime vessel designed for service at 
        and around a harbor or port.
            (11) Nonattainment area.--The term ``nonattainment area'' 
        has the meaning given such term in section 171 of the Clean Air 
        Act (42 U.S.C. 7501).
            (12) Port.--The term ``port'' means any maritime port or 
        inland port.
            (13) Port authority.--The term ``port authority'' means a 
        governmental or quasigovernmental authority formed by a 
        legislative body to operate a port.
            (14) Qualified climate action plan.--The term ``qualified 
        climate action plan'' means a detailed and strategic plan 
        that--
                    (A) establishes goals for an eligible entity to 
                reduce emissions at one or more ports of--
                            (i) greenhouse gases;
                            (ii) criteria pollutants, and precursors 
                        thereof; and
                            (iii) hazardous air pollutants;
                    (B) describes how an eligible entity will implement 
                measures at one or more ports to meet the goals 
                established in subparagraph (A);
                    (C) describes how an eligible entity has 
                implemented or will implement measures to increase the 
                resilience of the port or ports involved, including 
                measures related to withstanding and recovering from 
                extreme weather events;
                    (D) describes how an eligible entity will implement 
                emissions accounting and inventory practices to--
                            (i) determine baseline greenhouse gas 
                        emissions at a port; and
                            (ii) measure the progress of the eligible 
                        entity in reducing such emissions;
                    (E) demonstrates how implementation of the proposed 
                measures will not result in a net loss of jobs at the 
                port or ports involved; and
                    (F) includes a strategy to--
                            (i) collaborate with stakeholders that may 
                        be affected by implementation of the plan, 
                        including local environmental justice 
                        communities and other near-port communities;
                            (ii) address the potential, cumulative, 
                        community-level effects on stakeholders of 
                        implementing the plan; and
                            (iii) provide effective, advance 
                        communication to stakeholders to avoid and 
                        minimize conflicts.
            (15) 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 engines.
            (16) Zero-emissions port equipment and technology.--The 
        term ``zero-emissions port equipment and technology''--
                    (A) means any equipment, technology, or measure 
                that--
                            (i) is used at a port; and
                            (ii)(I) produces zero exhaust emissions 
                        of--
                                    (aa) any criteria pollutant and 
                                precursor thereof; and
                                    (bb) any greenhouse gas, other than 
                                water vapor; or
                            (II) captures 100 percent of the exhaust 
                        emissions produced by an ocean-going vessel at 
                        berth; and
                    (B) includes any equipment, technology, or measure 
                described in subparagraph (A) that is--
                            (i) cargo-handling equipment;
                            (ii) a harbor vessel;
                            (iii) shore power;
                            (iv) electrical charging infrastructure;
                            (v) a distributed energy system;
                            (vi) a vehicle, including an electric 
                        transport refrigeration unit;
                            (vii) any technology or measure that 
                        reduces vehicle idling;
                            (viii) any alternative emissions control 
                        technology;
                            (ix) any equipment, technology, or measure 
                        related to grid modernization; or
                            (x) any other technology, equipment, or 
                        measure that the Administrator determines to be 
                        appropriate.

SEC. 34332. GRANTS TO REDUCE AIR POLLUTION AT PORTS.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Administrator shall establish a program to 
award grants to eligible entities to develop and implement a qualified 
climate action plan at one or more ports.
    (b) Grants.--In carrying out the program established under 
subsection (a), the Administrator shall award the following types of 
grants:
            (1) Qualified climate action plan development.--The 
        Administrator may award grants to eligible entities for 
        development of a qualified climate action plan.
            (2) Zero-emissions port equipment and technology.--
                    (A) In general.--The Administrator may award grants 
                to eligible entities to purchase, install, or utilize 
                zero-emissions port equipment and technology at one or 
                more ports.
                    (B) Relation to qualified climate action plan.--The 
                use of equipment and technology pursuant to a grant 
                under this subsection shall be consistent with the 
                qualified climate action plan of the eligible entity.
    (c) Application.--
            (1) In general.--To seek a grant that is awarded under 
        subsection (b), an eligible entity shall submit an application 
        to the Administrator at such time, in such manner, and 
        containing such information and assurances as the Administrator 
        may require.
            (2) Concurrent applications.--An eligible entity may submit 
        concurrent applications for both types of grants described in 
        subsection (b), provided that the eligible entity demonstrates 
        how use of a grant awarded under subsection (b)(2) will be 
        consistent with the qualified climate action plan to be 
        developed using a grant awarded under subsection (b)(1).
    (d) Prohibited Use.--An eligible entity may not use a grant awarded 
under subsection (b)(2) to purchase fully automated cargo-handling 
equipment or terminal infrastructure that is designed for fully 
automated cargo-handling equipment.
    (e) Cost Share.--An eligible entity may not use a grant awarded 
under subsection (b)(2) to cover more than 80 percent of the cost of 
purchasing, installing, or utilizing zero-emissions port equipment and 
technology.
    (f) Labor.--
            (1) Wages.--All laborers and mechanics employed by a 
        subgrantee of an eligible entity, and any subgrantee thereof at 
        any tier, to perform construction, alteration, installation, or 
        repair work that is assisted, in whole or in part, by a grant 
        awarded under this section shall be paid wages at rates not 
        less than those prevailing on similar construction, alteration, 
        installation, or repair work in the locality as determined by 
        the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code.
            (2) Labor standards.--With respect to the labor standards 
        in paragraph (1), the Secretary of Labor shall have the 
        authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
            (3) Project labor agreement.--Any projects initiated using 
        a grant under subsection (b)(2) with total capital costs of 
        $1,000,000 or greater shall utilize a project labor agreement, 
        as described in section 8(f) of the National Labor Relations 
        Act (29 U.S.C. 158(f)).
            (4) Protections.--An eligible entity may not extend use of 
        a grant provided under this subtitle to a subgrantee of the 
        eligible entity, and any subgrantee thereof at any tier, to 
        perform construction, alteration, installation, or repair work 
        at any location other than the port or ports involved.
    (g) Priority.--The Administrator shall prioritize awarding grants 
under subsection (b)(2) to eligible entities based on the following:
            (1) The degree to which the eligible entity proposes to 
        reduce--
                    (A) the amount of greenhouse gases emitted at a 
                port;
                    (B) the amount of criteria pollutants, including 
                any precursor thereof, emitted at a port;
                    (C) the amount of hazardous air pollutants emitted 
                at a port; and
                    (D) health disparities in environmental justice 
                communities near a port.
            (2) The degree to which the eligible entity--
                    (A) takes a regional approach, as applicable, to 
                reducing greenhouse gas emissions by collaborating 
                efforts with other ports and local electric utility 
                owners and operators;
                    (B) with respect to use of the grant, proposes to 
                enable increased electrification of infrastructure or 
                operations at the port or ports involved; and
                    (C) proposes to use equipment and technology that 
                is produced in the United States.
            (3) The degree to which the eligible entity, any subgrantee 
        of such eligible entity, and any subgrantee thereof proposes to 
        hire individuals to carry out the installation of zero-
        emissions port equipment and technology who--
                    (A) are domiciled--
                            (i) if the applicable installation area is 
                        a major urban area, not further than 15 miles 
                        from such installation area; and
                            (ii) if the applicable installation area is 
                        not a major urban area, not further than 50 
                        miles from such installation area;
                    (B) are displaced and unemployed energy workers;
                    (C) are members of the Armed Forces serving on 
                active duty, separated from active duty, or retired 
                from active duty;
                    (D) have been incarcerated or served time in a 
                juvenile or adult detention or correctional facility, 
                or been placed on probation, community supervision, or 
                in a diversion scheme;
                    (E) have a disability;
                    (F) are homeless;
                    (G) are receiving public assistance;
                    (H) lack a general education diploma or high school 
                diploma;
                    (I) are emancipated from the foster care system; or
                    (J) are registered apprentices with fewer than 15 
                percent of the required graduating apprentice hours in 
                a program.
    (h) Outreach.--Not later than 90 days after the date on which funds 
are made available to carry out this section, the Administrator shall 
develop and carry out an educational outreach program to promote and 
explain the program established under this subtitle.
    (i) Reports.--
            (1) Report to administrator.--Not later than 90 days after 
        receipt of a grant awarded under subsection (b), and thereafter 
        on a periodic basis to be determined by the Administrator, the 
        grantee shall submit to the Administrator a report on the 
        progress of the grantee in carrying out measures funded through 
        the grant.
            (2) Annual report to congress.--Not later than 1 year after 
        the establishment of the program in subsection (a), and 
        annually thereafter, the Administrator shall submit to Congress 
        and make available on the public website of the Environmental 
        Protection Agency a report that includes, with respect to each 
        grant awarded under this section during the preceding calendar 
        year--
                    (A) the name and location of the eligible entity 
                that was awarded such grant;
                    (B) the amount of such grant that the eligible 
                entity was awarded;
                    (C) the name and location of each port where 
                measures are carried out;
                    (D) an estimate of the impact of measures on 
                reducing--
                            (i) the amount of greenhouse gases emitted 
                        at each port;
                            (ii) the amount of criteria pollutants, 
                        including any precursors thereof, emitted at 
                        each port;
                            (iii) the amount of hazardous air 
                        pollutants emitted at each port; and
                            (iv) health disparities in near-port 
                        communities; and
                    (E) any other information the Administrator 
                determines necessary to understand the impact of grants 
                awarded under this subsection.

SEC. 34333. MODEL METHODOLOGIES.

    The Administrator shall--
            (1) develop model methodologies that may be used by an 
        eligible entity in developing emissions accounting and 
        inventory practices for a qualified climate action plan; and
            (2) ensure that such methodologies are designed to measure 
        progress in reducing air pollution in near-port communities.

SEC. 34334. PORT ELECTRIFICATION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator, in consultation with the Secretary of 
Energy, shall initiate a study to evaluate--
            (1) how ports, intermodal port transfer facilities, and 
        surrounding communities may benefit from increased 
        electrification of port infrastructure or operations;
            (2) the effects of increased electrification of port 
        infrastructure and operations on air quality and energy demand;
            (3) the scale of investment needed to increase and maintain 
        electrification of port infrastructure and operations, 
        including an assessment of ports where zero-emissions port 
        equipment and technology have already been installed or 
        utilized;
            (4) how emerging technologies and strategies may be used to 
        increase port electrification; and
            (5) how ports and intermodal port transfer facilities can 
        partner with electric utility owners and operators and 
        electrical equipment providers to strengthen the reliability 
        and resiliency of the electric transmission and distribution 
        system, in order to enable greater deployment of zero-emissions 
        port equipment and technology.
    (b) Report.--Not later than 1 year after initiating the study under 
subsection (a), the Administrator shall submit to Congress and make 
available on the public website of the Environmental Protection Agency 
a report that describes the results of the study.

SEC. 34335. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this subtitle $750,000,000 for each of fiscal years 2022 through 
2026, to remain available until expended.
    (b) Development of Qualified Climate Action Plans.--In addition to 
the authorization of appropriations in subsection (a), there is 
authorized to be appropriated to carry out section 34332(b)(1) 
$50,000,000 for fiscal year 2022, to remain available until expended.
    (c) Nonattainment Areas.--To the extent practicable, at least 25 
percent of amounts made available to carry out this subtitle in each 
fiscal year shall be used to award grants under section 34332(b)(2) to 
eligible entities to carry out measures at ports that are in a 
nonattainment area.

                       Subpart D--Other Vehicles

SEC. 34341. CLEAN SCHOOL BUS PROGRAM.

    (a) In General.--Section 741 of the Energy Policy Act of 2005 (42 
U.S.C. 16091) is amended to read as follows:

``SEC. 741. CLEAN SCHOOL BUS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Clean school bus.--The term `clean school bus' means 
        a school bus that is a zero-emission school bus.
            ``(3) Community of color.--The term `community of color' 
        means 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 located.
            ``(4) Eligible contractor.--The term `eligible contractor' 
        means a contractor that is a for-profit, not-for-profit, or 
        nonprofit entity that has the capacity--
                    ``(A) to sell clean school buses, or charging or 
                other equipment needed to charge or maintain clean 
                school buses, to individuals or entities that own a 
                school bus or fleet of school buses; or
                    ``(B) to arrange financing for such a sale.
            ``(5) Eligible recipient.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `eligible recipient' means--
                            ``(i) 1 or more local or State governmental 
                        entities responsible for--
                                    ``(I) providing school bus service 
                                to 1 or more public school systems; or
                                    ``(II) the purchase of school 
                                buses;
                            ``(ii) a tribally controlled school (as 
                        defined in section 5212 of the Tribally 
                        Controlled Schools Act of 1988 (25 U.S.C. 
                        2511));
                            ``(iii) a nonprofit school transportation 
                        association; or
                            ``(iv) 1 or more contracting entities that 
                        provide school bus service to 1 or more public 
                        school systems.
                    ``(B) Special requirements.--In the case of 
                eligible recipients identified under clauses (iii) and 
                (iv) of subparagraph (A), the Administrator shall 
                establish timely and appropriate requirements for 
                notice and may establish timely and appropriate 
                requirements for approval by the public school systems 
                that would be served by buses purchased using award 
                funds made available under this section.
            ``(6) Indigenous community.--The term `indigenous 
        community' means--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    ``(D) any other community of indigenous people, 
                including communities in other countries.
            ``(7) Low income.--The term `low income' means an annual 
        household income equal to, or less than, the greater of--
                    ``(A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    ``(B) 200 percent of the Federal poverty line.
            ``(8) Low-income community.--The term `low-income 
        community' means any census block group in which 30 percent or 
        more of the population are individuals with low income.
            ``(9) School bus.--The term `school bus' has the meaning 
        given the term `schoolbus' in section 30125(a) of title 49, 
        United States Code.
            ``(10) Scrap.--
                    ``(A) In general.--The term `scrap' means, with 
                respect to a school bus engine replaced using funds 
                awarded under this section, to recycle, crush, or shred 
                the engine within such period and in such manner as 
                determined by the Administrator.
                    ``(B) Exclusion.--The term `scrap' does not include 
                selling, leasing, exchanging, or otherwise disposing of 
                an engine described in subparagraph (A) for use in 
                another motor vehicle in any location.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(12) Zero-emission school bus.--The term `zero-emission 
        school bus' means a school bus with a drivetrain that produces, 
        under any possible operational mode or condition, zero exhaust 
        emission of--
                    ``(A) any air pollutant that is listed pursuant to 
                section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) 
                (or any precursor to such an air pollutant); and
                    ``(B) any greenhouse gas.
    ``(b) Program for Replacement of Existing School Buses With Clean 
School Buses.--
            ``(1) Establishment.--The Administrator, in consultation 
        with the Secretary, shall establish a program for--
                    ``(A) making awards on a competitive basis of 
                grants, rebates, and low-cost revolving loans to 
                eligible recipients for the replacement of existing 
                school buses with clean school buses; and
                    ``(B) making awards of contracts to eligible 
                contractors for providing rebates and low-cost 
                revolving loans for the replacement of existing school 
                buses with clean school buses.
            ``(2) Applications.--An applicant for an award under this 
        section shall submit to the Administrator an application at 
        such time, in such manner, and containing such information as 
        the Administrator may require, including--
                    ``(A) a written assurance that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, or repair, or at any 
                        manufacturing operation, that is financed, in 
                        whole or in part, by an award under this 
                        section, shall be paid wages at rates not less 
                        than those prevailing in a similar firm or on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with subchapter IV of chapter 31 of 
                        title 40, United States Code; and
                            ``(ii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this clause, have the authority and functions 
                        set forth in Reorganization Plan Numbered 14 of 
                        1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
                        3145 of title 40, United States Code;
                    ``(B) a certification that no public work or 
                service normally performed by a public employee will be 
                privatized or subcontracted in carrying out a project 
                funded by the award;
                    ``(C) to ensure a fair assessment of workforce 
                impact related to an award under this section, a 
                detailed accounting with respect to relevant employees, 
                including employees in each of management, 
                administration, operations, and maintenance, of the 
                eligible recipient at the time of the application, 
                including--
                            ``(i) the number of employees, organized by 
                        salary;
                            ``(ii) the bargaining unit status of each 
                        employee;
                            ``(iii) the full- or part-time status of 
                        each employee; and
                            ``(iv) the job title of each employee; and
                    ``(D) a description of coordination and advance 
                planning with the local electricity provider.
            ``(3) Eligible manufacturers.--
                    ``(A) In general.--The Administrator shall maintain 
                and make publicly available a list of manufacturers of 
                clean school bus manufacturers from whom recipients of 
                awards under this section may order clean school buses.
                    ``(B) Criteria.--The Administrator shall establish 
                a process by which manufacturers may seek inclusion on 
                the list established pursuant to this subparagraph, 
                which process shall include the submission of such 
                information as the Administrator may require, 
                including--
                            ``(i) a disclosure of whether there has 
                        been any administrative merits determination, 
                        arbitral award or decision, or civil judgment, 
                        as defined in guidance issued by the Secretary 
                        of Labor, rendered against the manufacturer in 
                        the preceding 3 years for violations of 
                        applicable labor, employment, civil rights, or 
                        health and safety laws; and
                            ``(ii) specific information regarding the 
                        actions the manufacturer will take to 
                        demonstrate compliance with, and where possible 
                        exceedance of, requirements under applicable 
                        labor, employment, civil rights, and health and 
                        safety laws, and actions the manufacturer will 
                        take to ensure that its direct suppliers 
                        demonstrate compliance with applicable labor, 
                        employment, civil rights, and health and safety 
                        laws.
            ``(4) Priority of applications.--
                    ``(A) Highest priority.--In making awards under 
                paragraph (1), the Administrator shall give highest 
                priority to applicants that propose to replace school 
                buses that serve the highest number of students 
                (measured in absolute numbers or percentage of student 
                population) who are eligible for free or reduced price 
                lunches under the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1751 et seq.).
                    ``(B) Additional priority.--In making awards under 
                paragraph (1), the Administrator shall give priority to 
                applicants that propose to complement the assistance 
                received through the award by securing additional 
                sources of funding for the activities supported through 
                the award, such as through--
                            ``(i) public-private partnerships with 
                        electric companies;
                            ``(ii) grants from other entities; or
                            ``(iii) issuance of school bonds.
            ``(5) Use of school bus fleet.--All clean school buses 
        acquired with funds provided under this section shall--
                    ``(A) be operated as part of the school bus fleet 
                for which the award was made for not less than 5 years;
                    ``(B) be maintained, operated, charged, and fueled 
                according to manufacturer recommendations or State 
                requirements; and
                    ``(C) not be manufactured or retrofitted with, or 
                otherwise have installed, a power unit or other 
                technology that creates air pollution within the school 
                bus, such as an unvented diesel passenger heater.
            ``(6) Awards.--
                    ``(A) In general.--In making awards under paragraph 
                (1), the Administrator may make awards for up to 100 
                percent of the replacement costs for clean school 
                buses, provided that such replacement costs shall not 
                exceed 110 percent of the amount equal to the 
                difference between the cost of a clean school bus and 
                the cost of a diesel school bus.
                    ``(B) Structuring awards.--In making an award under 
                paragraph (1)(A), the Administrator shall decide 
                whether to award a grant, rebate, or low-cost revolving 
                loan, or a combination thereof, based primarily on--
                            ``(i) how best to facilitate replacing 
                        existing school buses with clean school buses; 
                        and
                            ``(ii) the preference of the eligible 
                        recipient.
                    ``(C) Included costs.--Awards under paragraph (1) 
                may pay for--
                            ``(i) acquisition and labor costs for 
                        charging or other infrastructure needed to 
                        charge or maintain clean school buses;
                            ``(ii) workforce development and training, 
                        to support the maintenance, charging, and 
                        operations of electric school buses; and
                            ``(iii) planning and technical activities 
                        to support the adoption and deployment of clean 
                        school buses.
                    ``(D) Exception.--In the case of awards under 
                paragraph (1) to eligible recipients described in 
                subsection (a)(4)(A)(iv), the Administrator may make 
                awards for up to 70 percent of the replacement costs 
                for clean school buses, except that if such a recipient 
                demonstrates, to the satisfaction of the Administrator, 
                that its labor standards are equal to or exceed those 
                of the public school system that would be served by the 
                clean school buses acquired with an award under this 
                section, the Administrator may make an award to such 
                recipient for up to 90 percent of the replacement costs 
                for clean school buses.
                    ``(E) Requirements.--The Administrator shall 
                require, as a condition of receiving an award under 
                this section, that award recipients--
                            ``(i) do not, as a result of receiving the 
                        award--
                                    ``(I) lay off, transfer, or demote 
                                any current employee; or
                                    ``(II) reduce the salary or 
                                benefits of any current employee or 
                                worsen the conditions of work of any 
                                current employee; and
                            ``(ii) provide current employees with 
                        training to effectively operate, maintain, or 
                        otherwise adapt to new technologies relating to 
                        clean school buses.
                    ``(F) Buy america.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), any clean school bus or electric 
                        vehicle supply equipment purchased using funds 
                        awarded under the this section shall comply 
                        with the requirements described in section 
                        5323(j) of title 49, United States Code.
                            ``(ii) Exceptions.--
                                    ``(I) Waiver.--The Administrator 
                                may provide a waiver to the 
                                requirements describe in clause (i) in 
                                the same manner and to the same extent 
                                as the Secretary of Transportation may 
                                provide a waiver under section 
                                5323(j)(2) of title 49, United States 
                                Code.
                                    ``(II) Percentage of components and 
                                subcomponents.--The Administrator may 
                                grant a waiver in accordance with 
                                section 5323(j)(2)(C) of title 49, 
                                United States Code, when a grant 
                                recipient procures a clean school bus 
                                or electric vehicle supply equipment 
                                using funds awarded under the program 
                                for which the cost of components and 
                                subcomponents produced in the United 
                                States--
                                            ``(aa) for each of fiscal 
                                        years 2022 through 2026, is 
                                        more than 60 percent of the 
                                        cost of all components of the 
                                        clean school bus; and
                                            ``(bb) for fiscal year 2026 
                                        and each fiscal year 
                                        thereafter, is more than 70 
                                        percent of the cost of all 
                                        components of the clean school 
                                        bus.
            ``(7) Deployment and distribution.--The Administrator 
        shall--
                    ``(A) to the maximum extent practicable, achieve 
                nationwide deployment of clean school buses through the 
                program under this section;
                    ``(B) ensure, as practicable, a broad geographic 
                distribution of awards under paragraph (1) each fiscal 
                year; and
                    ``(C) solicit early applications for large-scale 
                deployments and, as soon as reasonably practicable, 
                award grants for at least one such large scale 
                deployment in a rural location and another in an urban 
                location, subject to the requirement that each such 
                award recipient--
                            ``(i) participate in the development of 
                        best practices, lessons learned, and other 
                        information sharing to guide the implementation 
                        of the award program, including relating to 
                        building out associated infrastructure; and
                            ``(ii) cooperate as specified in 
                        subparagraph (D); and
                    ``(D) develop, in cooperation with award 
                recipients, resources for future award recipients under 
                this section.
            ``(8) Scrappage.--
                    ``(A) In general.--The Administrator shall require 
                the recipient of an award under paragraph (1) to 
                verify, not later than 1 year after receiving a clean 
                school bus purchased using the award, that the engine 
                of the replaced school bus has been scrapped.
                    ``(B) Exception.--Subject to such conditions the 
                Administrator determines appropriate, giving 
                consideration to public health and reducing emissions 
                of pollutants, the Administrator may waive the 
                requirements of subparagraph (A) for school buses that 
                meet--
                            ``(i) the emission standards applicable to 
                        a new school bus as of the date of enactment of 
                        the Leading Infrastructure For Tomorrow's 
                        America Act; or
                            ``(ii) subsequent emission standards that 
                        are at least as stringent as the standards 
                        referred to in clause (i).
    ``(c) Education and Outreach.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Leading Infrastructure For Tomorrow's America 
        Act, the Administrator shall develop an education and outreach 
        program to promote and explain the award program under this 
        section.
            ``(2) Coordination with stakeholders.--The education and 
        outreach program under paragraph (1) shall be designed and 
        conducted in conjunction with interested national school bus 
        transportation associations, labor unions, electric utilities, 
        manufacturers of clean school buses, manufacturers of 
        components of clean school buses, clean transportation 
        nonprofit organizations, and other stakeholders.
            ``(3) Components.--The education and outreach program under 
        paragraph (1) shall--
                    ``(A) inform, encourage, and support potential 
                award recipients on the process of applying for awards 
                and fulfilling the requirements of awards;
                    ``(B) describe the available technologies and the 
                benefits of the technologies;
                    ``(C) explain the benefits of participating in the 
                award program;
                    ``(D) make available information regarding best 
                practices, lessons learned, and technical and other 
                information regarding--
                            ``(i) clean school bus acquisition and 
                        deployment;
                            ``(ii) the build-out of associated 
                        infrastructure and advance planning with the 
                        local electricity supplier;
                            ``(iii) workforce development and training; 
                        and
                            ``(iv) any other information that, in the 
                        judgment of the Administrator, is relevant to 
                        transitioning to and deploying clean school 
                        buses;
                    ``(E) make available the information provided by 
                the Secretary pursuant to subsection (d);
                    ``(F) in consultation with the Secretary, make 
                information available about how clean school buses can 
                be part of building community resilience to the effects 
                of climate change; and
                    ``(G) include, as appropriate, information from the 
                annual report required under subsection (g).
    ``(d) DOE Assistance.--
            ``(1) Information gathering.--The Secretary shall gather, 
        and not less than annually share with the Administrator, 
        information regarding--
                    ``(A) vehicle-to-grid technology, including best 
                practices and use-case scenarios;
                    ``(B) the use of clean school buses for community 
                resilience; and
                    ``(C) technical aspects of clean school bus 
                management and deployment.
            ``(2) Technical assistance.--The Secretary shall, in 
        response to a request from the Administrator, or from an 
        applicant for or recipient of an award under this section, 
        provide technical assistance in the development of an 
        application for or the use of award funds.
    ``(e) Administrative Costs.--The Administrator may use, for the 
administrative costs of carrying out this section, not more than two 
percent of the amounts made available to carry out this section for any 
fiscal year.
    ``(f) Annual Report.--Not later than January 31 of each year, the 
Administrator shall submit to Congress a report that--
            ``(1) evaluates the implementation of this section;
            ``(2) describes--
                    ``(A) the total number of applications received for 
                awards under this section;
                    ``(B) the number of clean school buses requested in 
                such applications;
                    ``(C) the awards made under this section and the 
                criteria used to select the award recipients;
                    ``(D) the awards made under this section for 
                charging and fueling infrastructure;
                    ``(E) ongoing compliance with the commitments made 
                by manufacturers on the list maintained by the 
                Administrator under subsection (b)(3);
                    ``(F) the estimated effect of the awards under this 
                section on emission of air pollutants, including 
                greenhouse gases; and
                    ``(G) any other information the Administrator 
                considers appropriate; and
            ``(3) describes any waiver granted under subsection 
        (b)(5)(B) during the preceding year.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator to carry out this section, to remain 
        available until expended, $130,000,000 for each of fiscal years 
        2022 through 2026.
            ``(2) Allocation.--Of the amount authorized to be 
        appropriated for carrying out this section for each fiscal 
        year, no less than $52,000,000 shall be used for awards under 
        this section to eligible recipients proposing to replace school 
        buses to serve a community of color, indigenous community, low-
        income community, or any community located in an air quality 
        area designated pursuant to section 107 of the Clean Air Act 
        (42 U.S.C. 7407) as nonattainment.''.
    (b) Technical Amendment To Strike Redundant Authorization.--The 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (commonly referred to as ``SAFETEA-LU'') is amended--
            (1) by striking section 6015 (42 U.S.C. 16091a); and
            (2) in the table of contents in section 1(b) of such Act, 
        by striking the item relating to section 6015.

SEC. 34342. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN 
              REFRIGERATED VEHICLES.

    (a) Establishment of Pilot Program.--The Administrator shall 
establish and carry out a pilot program to award funds, in the form of 
grants, rebates, and low-cost revolving loans, as determined 
appropriate by the Administrator, on a competitive basis, to eligible 
entities to carry out projects described in subsection (b).
    (b) Projects.--An eligible entity receiving an award of funds under 
subsection (a) may use such funds only for one or more of the following 
projects:
            (1) Transport refrigeration unit 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 scrappage.
            (2) 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 fuel.
    (c) Maximum Amounts.--The amount of an award of funds under 
subsection (a) shall not exceed--
            (1) for the costs of a project described in subsection 
        (b)(1), 75 percent of such costs; and
            (2) for the costs of a project described in subsection 
        (b)(2), 55 percent of such costs.
    (d) Applications.--To be eligible to receive an award of funds 
under subsection (a), an eligible entity shall submit to the 
Administrator--
            (1) a description of the air quality in the area served by 
        the eligible entity, including a description of how the air 
        quality is affected by diesel emissions from heavy-duty 
        vehicles;
            (2) a description of the project proposed by the eligible 
        entity, including--
                    (A) any technology to be used or funded by the 
                eligible entity; and
                    (B) a description of the heavy-duty vehicle or 
                vehicles of the eligible entity, that will be 
                retrofitted, if any, including--
                            (i) the number of such vehicles;
                            (ii) the uses of such vehicles;
                            (iii) the locations where such vehicles 
                        dock for the purpose of loading or unloading; 
                        and
                            (iv) the routes driven by such vehicles, 
                        including the times at which such vehicles are 
                        driven;
            (3) an estimate of the cost of the proposed project;
            (4) a description of the age and expected lifetime control 
        of the equipment used or funded by the eligible entity; and
            (5) provisions for the monitoring and verification of the 
        project including to verify scrappage of replaced units.
    (e) Priority.--In awarding funds under subsection (a), the 
Administrator shall give priority to proposed projects that, as 
determined by the Administrator--
            (1) maximize public health benefits;
            (2) are the most cost-effective; and
            (3) will serve the communities that are most polluted by 
        diesel motor emissions, including communities that the 
        Administrator identifies as being in either nonattainment or 
        maintenance of the national ambient air quality standards for a 
        criteria pollutant, particularly for--
                    (A) ozone; and
                    (B) particulate matter.
    (f) Data Release.--Not later than 120 days after the date on which 
an award of funds is made under this section, the Administrator shall 
publish on the website of the Environmental Protection Agency, on a 
downloadable electronic database, information with respect to such 
award of funds, including--
            (1) the name and location of the recipient;
            (2) the total amount of funds awarded;
            (3) the intended use or uses of the awarded funds;
            (4) the date on which the award of funds was approved;
            (5) where applicable, an estimate of any air pollution or 
        greenhouse gas emissions avoided as a result of the project 
        funded by the award; and
            (6) any other data the Administrator determines to be 
        necessary for an evaluation of the use and effect of awarded 
        funds provided under this section.
    (g) Reports to Congress.--
            (1) Annual report to congress.--Not later than 1 year after 
        the date of the establishment of the pilot program under this 
        section, and annually thereafter until amounts made available 
        to carry out this section are expended, the Administrator shall 
        submit to Congress and make available to the public a report 
        that describes, with respect to the applicable year--
                    (A) the number of applications for awards of funds 
                received under such program;
                    (B) all awards of funds made under such program, 
                including a summary of the data described in subsection 
                (f);
                    (C) the estimated reduction of annual emissions of 
                air pollutants regulated under section 109 of the Clean 
                Air Act (42 U.S.C. 7409), and the estimated reduction 
                of greenhouse gas emissions, associated with the awards 
                of funds made under such program;
                    (D) the number of awards of funds made under such 
                program for projects in communities described in 
                subsection (e)(3); and
                    (E) any other data the Administrator determines to 
                be necessary to describe the implementation, outcomes, 
                or effectiveness of such program.
            (2) Final report.--Not later than 1 year after amounts made 
        available to carry out this section are expended, or 5 years 
        after the pilot program is established, whichever comes first, 
        the Administrator shall submit to Congress and make available 
        to the public a report that describes--
                    (A) all of the information collected for the annual 
                reports under paragraph (1);
                    (B) any benefits to the environment or human health 
                that could result from the widespread application of 
                electric transport refrigeration units for short-haul 
                transportation and delivery of perishable goods or 
                other goods requiring climate-controlled conditions, 
                including in low-income communities and communities of 
                color;
                    (C) 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 technologies;
                    (D) an assessment of the national market potential 
                for electric transport refrigeration units;
                    (E) an assessment of challenges and opportunities 
                for widespread deployment of electric transport 
                refrigeration units, including in urban areas; and
                    (F) recommendations for how future Federal, State, 
                and local programs can best support the adoption and 
                widespread deployment of electric transport 
                refrigeration units.
    (h) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) 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 engine.
            (3) 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 power, 
        including all-electric transport refrigeration units, hybrid 
        electric transport refrigeration units, and standby electric 
        transport refrigeration units.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a regional, State, local, or Tribal agency, or 
                port authority, with jurisdiction over transportation 
                or air quality;
                    (B) a nonprofit organization or institution that--
                            (i) represents or provides pollution 
                        reduction or educational services to persons or 
                        organizations that own or operate heavy-duty 
                        vehicles or fleets of heavy-duty vehicles; or
                            (ii) has, as its principal purpose, the 
                        promotion of air quality;
                    (C) an individual or entity that is the owner of 
                record of a heavy-duty vehicle or a fleet of heavy-duty 
                vehicles that operates for the transportation and 
                delivery of perishable goods or other goods requiring 
                climate-controlled conditions;
                    (D) an individual or entity that is the owner of 
                record of a facility that operates as a warehouse or 
                storage facility for perishable goods or other goods 
                requiring climate-controlled conditions; or
                    (E) a hospital or public health institution that 
                utilizes refrigeration for storage of perishable goods 
                or other goods requiring climate-controlled conditions.
            (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' 
        means--
                    (A) a commercial truck or van--
                            (i) used for the primary purpose of 
                        transporting perishable goods or other goods 
                        requiring climate-controlled conditions; and
                            (ii) with a gross vehicle weight rating 
                        greater than 6,000 pounds; or
                    (B) an insulated cargo trailer used in transporting 
                perishable goods or other goods requiring climate-
                controlled conditions when mounted on a semitrailer.
            (6) Shore power infrastructure.--The term ``shore power 
        infrastructure'' means electrical infrastructure that provides 
        power to the electric transport refrigeration unit of a heavy-
        duty vehicle when such vehicle is stationary on a property 
        where such vehicle is parked or loaded, including a food 
        distribution center or other location where heavy-duty vehicles 
        congregate.
            (7) Transport refrigeration unit.--The term ``transport 
        refrigeration unit'' means a climate-control system installed 
        on a heavy-duty vehicle for the purpose of maintaining the 
        quality of perishable goods or other goods requiring climate-
        controlled conditions.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000, to remain available until 
        expended.
            (2) Administrative expenses.--The Administrator may use not 
        more than 1 percent of amounts made available pursuant to 
        paragraph (1) for administrative expenses to carry out this 
        section.

SEC. 34343. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    (a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
16061 et seq.) is amended--
            (1) in the subtitle header, by inserting ``Plug-In Electric 
        Vehicles,'' before ``Hybrid Vehicles''; and
            (2) in part 1, in the part header, by striking ``hybrid'' 
        and inserting ``plug-in electric''.
    (b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy 
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:

``SEC. 711. PLUG-IN ELECTRIC VEHICLES.

    ``The Secretary shall accelerate efforts, related to domestic 
manufacturing, that are directed toward the improvement of batteries, 
power electronics, and other technologies for use in plug-in electric 
vehicles.''.
    (c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of 
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, plug-in 
                electric,'' after ``efficient hybrid''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Priority.--Priority shall be given to--
                    ``(A) the refurbishment or retooling of 
                manufacturing facilities that have recently ceased 
                operation or would otherwise cease operation in the 
                near future; and
                    ``(B) applications containing--
                            ``(i) a written assurance that--
                                    ``(I) all laborers and mechanics 
                                employed by contractors or 
                                subcontractors during construction, 
                                alteration, or repair, or at any 
                                manufacturing operation, that is 
                                financed, in whole or in part, by a 
                                loan under this section shall be paid 
                                wages at rates not less than those 
                                prevailing in a similar firm or on 
                                similar construction in the locality, 
                                as determined by the Secretary of Labor 
                                in accordance with subchapter IV of 
                                chapter 31 of title 40, United States 
                                Code; and
                                    ``(II) the Secretary of Labor 
                                shall, with respect to the labor 
                                standards described in this paragraph, 
                                have the authority and functions set 
                                forth in Reorganization Plan Numbered 
                                14 of 1950 (64 Stat. 1267; 5 U.S.C. 
                                App.) and section 3145 of title 40, 
                                United States Code;
                            ``(ii) a disclosure of whether there has 
                        been any administrative merits determination, 
                        arbitral award or decision, or civil judgment, 
                        as defined in guidance issued by the Secretary 
                        of Labor, rendered against the applicant in the 
                        preceding 3 years for violations of applicable 
                        labor, employment, civil rights, or health and 
                        safety laws;
                            ``(iii) specific information regarding the 
                        actions the applicant will take to demonstrate 
                        compliance with, and where possible exceedance 
                        of, requirements under applicable labor, 
                        employment, civil rights, and health and safety 
                        laws, and actions the applicant will take to 
                        ensure that its direct suppliers demonstrate 
                        compliance with applicable labor, employment, 
                        civil rights, and health and safety laws; and
                            ``(iv) an estimate and description of the 
                        jobs and types of jobs to be retained or 
                        created by the project and the specific actions 
                        the applicant will take to increase employment 
                        and retention of dislocated workers, veterans, 
                        individuals from low-income communities, women, 
                        minorities, and other groups underrepresented 
                        in manufacturing, and individuals with a 
                        barrier to employment.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Cost Share and Guarantee of Operation.--
            ``(1) Condition.--A recipient of a grant under this section 
        shall pay the Secretary the full amount of the grant if the 
        facility financed in whole or in part under this subsection 
        fails to manufacture goods for a period of at least 10 years 
        after the completion of construction.
            ``(2) Cost share.--Section 988(c) shall apply to a grant 
        made under this subsection.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,500,000,000 
for each of fiscal years 2022 through 2026.
    ``(e) 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 30, 2035.''.
    (d) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 2005 is amended--
            (1) in the item relating to subtitle B of title VII, by 
        inserting ``Plug-In Electric Vehicles,'' before ``Hybrid 
        Vehicles'';
            (2) in the item relating to part 1 of such subtitle, by 
        striking ``Hybrid'' and inserting ``Plug-In Electric''; and
            (3) in the item relating to section 711, by striking 
        ``Hybrid'' and inserting ``Plug-in electric''.

SEC. 34344. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE 
              PROGRAM.

    Section 136 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph to read as follows:
            ``(1) Advanced technology vehicle.--The term `advanced 
        technology vehicle' means--
                    ``(A) an ultra efficient vehicle;
                    ``(B) a light-duty vehicle or medium-duty passenger 
                vehicle that--
                            ``(i) meets the Bin 160 Tier III emission 
                        standard established in regulations issued by 
                        the Administrator of the Environmental 
                        Protection Agency under section 202(i) of the 
                        Clean Air Act (42 U.S.C. 7521(i)), or a lower-
                        numbered Bin emission standard;
                            ``(ii) meets any new emission standard in 
                        effect for fine particulate matter prescribed 
                        by the Administrator under that Act (42 U.S.C. 
                        7401 et seq.); and
                            ``(iii) either--
                                    ``(I) complies with the applicable 
                                regulatory standard for emissions of 
                                greenhouse gases for model year 2027 or 
                                later; or
                                    ``(II) emits zero emissions of 
                                greenhouse gases; or
                    ``(C) a heavy-duty vehicle (excluding a medium-duty 
                passenger vehicle) that--
                            ``(i) demonstrates achievement below the 
                        applicable regulatory standards for emissions 
                        of greenhouse gases for model year 2027 
                        vehicles promulgated by the Administrator on 
                        October 25, 2016 (81 Fed. Reg. 73478);
                            ``(ii) complies with the applicable 
                        regulatory standard for emissions of greenhouse 
                        gases for model year 2030 or later; or
                            ``(iii) emits zero emissions of greenhouse 
                        gases.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(3) Qualifying component.--The term `qualifying 
        component' means a material, technology, component, system, or 
        subsystem in an advanced technology vehicle, including an 
        ultra-efficient component.
            ``(4) Ultra-efficient component.--The term `ultra-efficient 
        component' means--
                    ``(A) a component of an ultra efficient vehicle;
                    ``(B) fuel cell technology;
                    ``(C) battery technology, including a battery cell, 
                battery, battery management system, or thermal control 
                system;
                    ``(D) an automotive semiconductor or computer;
                    ``(E) an electric motor, axle, or component; and
                    ``(F) an advanced lightweight, high-strength, or 
                high-performance material.''; and
                    (D) in paragraph (5)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(D) at least 75 miles per gallon equivalent while 
                operating as a hydrogen fuel cell electric vehicle.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Advanced Vehicles Manufacturing Facility.--
            ``(1) 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 50 percent of the cost of--
                    ``(A) reequipping, expanding, or establishing a 
                manufacturing facility in the United States to 
                produce--
                            ``(i) advanced technology vehicles; or
                            ``(ii) qualifying components; and
                    ``(B) engineering integration performed in the 
                United States of advanced technology vehicles and 
                qualifying components.
            ``(2) Ultra-efficient components cost share.--
        Notwithstanding paragraph (1), a facility funding award under 
        such paragraph may pay not more than 80 percent of the cost of 
        a project to reequip, expand, or establish a manufacturing 
        facility in the United States to produce ultra-efficient 
        components.'';
            (3) in subsection (c), by striking ``2020'' and inserting 
        ``2026'' each place it appears;
            (4) in subsection (d)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Application.--An applicant for a loan under this 
        subsection shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including--
                    ``(A) a written assurance that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, or repair, or at any 
                        manufacturing operation, that is financed, in 
                        whole or in part, by a loan under this section 
                        shall be paid wages at rates not less than 
                        those prevailing in a similar firm or on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with subchapter IV of chapter 31 of 
                        title 40, United States Code; and
                            ``(ii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this paragraph, have the authority and 
                        functions set forth in Reorganization Plan 
                        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
                        App.) and section 3145 of title 40, United 
                        States Code;
                    ``(B) a disclosure of whether there has been any 
                administrative merits determination, arbitral award or 
                decision, or civil judgment, as defined in guidance 
                issued by the Secretary of Labor, rendered against the 
                applicant in the preceding 3 years for violations of 
                applicable labor, employment, civil rights, or health 
                and safety laws;
                    ``(C) specific information regarding the actions 
                the applicant will take to demonstrate compliance with, 
                and where possible exceedance of, requirements under 
                applicable labor, employment, civil rights, and health 
                and safety laws, and actions the applicant will take to 
                ensure that its direct suppliers demonstrate compliance 
                with applicable labor, employment, civil rights, and 
                health and safety laws; and
                    ``(D) an estimate and description of the jobs and 
                types of jobs to be retained or created by the project 
                and the specific actions the applicant will take to 
                increase employment and retention of dislocated 
                workers, veterans, individuals from low-income 
                communities, women, minorities, and other groups 
                underrepresented in manufacturing, and individuals with 
                a barrier to employment.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Selection of eligible projects.--
                    ``(A) In general.--The Secretary shall select 
                eligible projects to receive loans under this 
                subsection in cases in which the Secretary determines--
                            ``(i) the loan recipient--
                                    ``(I) has a reasonable prospect of 
                                repaying the principal and interest on 
                                the loan;
                                    ``(II) will provide sufficient 
                                information to the Secretary for the 
                                Secretary to ensure that the qualified 
                                investment is expended efficiently and 
                                effectively; and
                                    ``(III) has met such other criteria 
                                as may be established and published by 
                                the Secretary; and
                            ``(ii) the amount of the loan (when 
                        combined with amounts available to the loan 
                        recipient from other sources) will be 
                        sufficient to carry out the project.
                    ``(B) Reasonable prospect of repayment.--The 
                Secretary shall base a determination of whether there 
                is a reasonable prospect of repayment of the principal 
                and interest on a loan under subparagraph (A) on a 
                comprehensive evaluation of whether the loan recipient 
                has a reasonable prospect of repaying the principal and 
                interest, including evaluation of--
                            ``(i) the strength of an eligible project's 
                        contractual terms (if commercially reasonably 
                        available);
                            ``(ii) the forecast of noncontractual cash 
                        flows supported by market projections from 
                        reputable sources, as determined by the 
                        Secretary;
                            ``(iii) cash sweeps and other structure 
                        enhancements;
                            ``(iv) the projected financial strength of 
                        the loan recipient at the time of loan close 
                        and projected throughout the loan term after 
                        the project is completed;
                            ``(v) the financial strength of the loan 
                        recipient's investors and strategic partners, 
                        if applicable; and
                            ``(vi) other financial metrics and analyses 
                        that are relied upon by the private lending 
                        community and nationally recognized credit 
                        rating agencies, as determined appropriate by 
                        the Secretary.''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (B)(i), by striking ``; 
                        and'' and inserting ``; or'';
                            (ii) in subparagraph (C), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(E) shall be subject to the condition that the 
                loan is not subordinate to other financing.'';
            (5) by amending subsection (e) to read as follows:
    ``(e) Regulations.--Not later than 6 months after the date of 
enactment of the Leading Infrastructure For Tomorrow's America Act, the 
Secretary shall issue a final rule establishing regulations to carry 
out this section.'';
            (6) by amending subsection (f) to read as follows:
    ``(f) Fees.--The Secretary shall charge and collect fees for loans 
under this section in amounts the Secretary determines are sufficient 
to cover applicable administrative expenses (including any costs 
associated with third-party consultants engaged by the Secretary), 
which may not exceed $100,000 or 10 basis points of the loan and may 
not be collected prior to financial closing.'';
            (7) by amending subsection (g) to read as follows:
    ``(g) Priority.--The Secretary shall, in making awards or loans to 
those manufacturers that have existing facilities (which may be idle), 
give priority to those facilities that are or would be--
            ``(1) oldest or in existence for at least 20 years;
            ``(2) recently closed, or at risk of closure;
            ``(3) utilized primarily for the manufacture of medium-duty 
        passenger vehicles or other heavy-duty vehicles that emit zero 
        greenhouse gas emissions; or
            ``(4) utilized primarily for the manufacture of ultra-
        efficient components.'';
            (8) in subsection (h)--
                    (A) in the header, by striking ``Automobile'' and 
                inserting ``Advanced Technology Vehicle''; and
                    (B) in paragraph (1)(B), by striking ``automobiles, 
                or components of automobiles'' and inserting ``advanced 
                technology vehicles, or components of advanced 
                technology vehicles'';
            (9) by striking subsection (i) and redesignating subsection 
        (j) as subsection (i); and
            (10) by adding at the end the following:
    ``(j) Coordination.--In carrying out this section, the Secretary 
shall coordinate with relevant vehicle, bioenergy, and hydrogen and 
fuel cell demonstration project activities supported by the Department.
    ``(k) Outreach.--In carrying out this section, the Secretary 
shall--
            ``(1) provide assistance with the completion of 
        applications for awards or loans under this section; and
            ``(2) conduct outreach, including through conferences and 
        online programs, to disseminate information on awards and loans 
        under this section to potential applicants.
    ``(l) Report.--Not later than 2 years after the date of the 
enactment of this subsection, and every 3 years thereafter, the 
Secretary shall submit to Congress a report on the status of projects 
supported by a loan under this section, including--
            ``(1) a list of projects receiving a loan under this 
        section, including the loan amount and construction status of 
        each such project;
            ``(2) the status of each project's loan repayment, 
        including future repayment projections;
            ``(3) data regarding the number of direct and indirect jobs 
        retained, restored, or created by financed projects;
            ``(4) the number of new projects projected to receive a 
        loan under this section in the next 2 years and the aggregate 
        loan amount;
            ``(5) evaluation of ongoing compliance with the assurances 
        and commitments and of the predictions made by applicants 
        pursuant to subsection (d)(2); and
            ``(6) any other metrics the Secretary finds appropriate.''.

                  TITLE IV--HEALTH CARE INFRASTRUCTURE

SEC. 40001. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, TRIBAL, 
              AND TERRITORIAL HEALTH DEPARTMENTS.

    (a) Program.--The Secretary of Health and Human Services (in this 
title referred to as the ``Secretary''), acting through the Director of 
the Centers for Disease Control and Prevention, shall establish a core 
public health infrastructure program consisting of awarding grants 
under subsection (b).
    (b) Grants.--
            (1) Award.--For the purpose of addressing core public 
        health infrastructure needs, the Secretary--
                    (A) shall award a grant to each State health 
                department; and
                    (B) may award grants on a competitive basis to 
                State, local, Tribal, or territorial health 
                departments.
            (2) Allocation.--Of the total amount of funds awarded as 
        grants under this subsection for a fiscal year--
                    (A) not less than 50 percent shall be for grants to 
                State health departments under paragraph (1)(A); and
                    (B) not less than 30 percent shall be for grants to 
                State, local, Tribal, or territorial health departments 
                under paragraph (1)(B).
    (c) Use of Funds.--A State, local, Tribal, or territorial health 
department receiving a grant under subsection (b) shall use the grant 
funds to address core public health infrastructure needs, including 
those identified in the accreditation process under subsection (g).
    (d) Formula Grants to State Health Departments.--In making grants 
under subsection (b)(1)(A), the Secretary shall award funds to each 
State health department in accordance with--
            (1) a formula based on population size, burden of 
        preventable disease and disability, and core public health 
        infrastructure gaps, including those identified in the 
        accreditation process under subsection (g); and
            (2) application requirements established by the Secretary, 
        including a requirement that the State health department submit 
        a plan that demonstrates to the satisfaction of the Secretary 
        that the State's health department will--
                    (A) address its highest priority core public health 
                infrastructure needs; and
                    (B) as appropriate, allocate funds to local health 
                departments within the State.
    (e) Competitive Grants to State, Local, Tribal, and Territorial 
Health Departments.--In making grants under subsection (b)(1)(B), the 
Secretary shall give priority to applicants demonstrating core public 
health infrastructure needs identified in the accreditation process 
under subsection (g).
    (f) Maintenance of Effort.--The Secretary may award a grant to an 
entity under subsection (b) only if the entity demonstrates to the 
satisfaction of the Secretary that--
            (1) funds received through the grant will be expended only 
        to supplement, and not supplant, non-Federal and Federal funds 
        otherwise available to the entity for the purpose of addressing 
        core public health infrastructure needs; and
            (2) with respect to activities for which the grant is 
        awarded, the entity will maintain expenditures of non-Federal 
        amounts for such activities at a level not less than the level 
        of such expenditures maintained by the entity for the fiscal 
        year preceding the fiscal year for which the entity receives 
        the grant.
    (g) Establishment of a Public Health Accreditation Program.--
            (1) In general.--The Secretary shall--
                    (A) develop, and periodically review and update, 
                standards for voluntary accreditation of State, local, 
                Tribal, and territorial health departments and public 
                health laboratories for the purpose of advancing the 
                quality and performance of such departments and 
                laboratories; and
                    (B) implement a program to accredit such health 
                departments and laboratories in accordance with such 
                standards.
            (2) Cooperative agreement.--The Secretary may enter into a 
        cooperative agreement with a private nonprofit entity to carry 
        out paragraph (1).
    (h) Report.--The Secretary shall submit to the Congress an annual 
report on progress being made to accredit entities under subsection 
(g), including--
            (1) a strategy, including goals and objectives, for 
        accrediting entities under subsection (g) and achieving the 
        purpose described in subsection (g)(1)(A);
            (2) identification of gaps in research related to core 
        public health infrastructure; and
            (3) recommendations of priority areas for such research.
    (i) Definition.--In this section, the term ``core public health 
infrastructure'' includes--
            (1) workforce capacity and competency;
            (2) laboratory systems;
            (3) testing capacity, including test platforms, mobile 
        testing units, and personnel;
            (4) health information, health information systems, and 
        health information analysis;
            (5) disease surveillance;
            (6) contact tracing;
            (7) communications;
            (8) financing;
            (9) other relevant components of organizational capacity; 
        and
            (10) other related activities.
    (j) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $6,000,000,000 for the period 
of fiscal years 2022 through 2026.

SEC. 40002. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES FOR CDC.

    (a) In General.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, shall expand and improve 
the core public health infrastructure and activities of the Centers for 
Disease Control and Prevention to address unmet and emerging public 
health needs.
    (b) Report.--The Secretary shall submit to the Congress an annual 
report on the activities funded through this section.
    (c) Definition.--In this section, the term ``core public health 
infrastructure'' has the meaning given to such term in section 40001.
    (d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $1,000,000,000 for the period of 
fiscal years 2022 through 2026.

SEC. 40003. HOSPITAL INFRASTRUCTURE.

    (a) In General.--Section 1610(a) of the Public Health Service Act 
(42 U.S.C. 300r(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(iii) increase capacity and update hospitals and other 
        medical facilities in order to better serve communities in 
        need.''; and
            (2) by striking paragraph (3) and inserting the following:
    ``(3) Priority.--In awarding grants under this subsection, the 
Secretary shall give priority to applicants whose projects will 
include, by design, public health emergency preparedness or 
cybersecurity against cyber threats.
    ``(4) American Iron and Steel Products.--
            ``(A) In general.--As a condition on receipt of a grant 
        under this subsection for a project, an entity shall ensure 
        that all of the iron and steel products used in the project are 
        produced in the United States.
            ``(B) Application.--Subparagraph (A) shall be waived in any 
        case or category of cases in which the Secretary finds that--
                    ``(i) applying subparagraph (A) would be 
                inconsistent with the public interest;
                    ``(ii) iron and steel products are not produced in 
                the United States in sufficient and reasonably 
                available quantities and of a satisfactory quality; or
                    ``(iii) inclusion of iron and steel products 
                produced in the United States will increase the cost of 
                the overall project by more than 25 percent.
            ``(C) Waiver.--If the Secretary receives a request for a 
        waiver under this paragraph, the Secretary shall make available 
        to the public, on an informal basis, a copy of the request and 
        information available to the Secretary concerning the request, 
        and shall allow for informal public input on the request for at 
        least 15 days prior to making a finding based on the request. 
        The Secretary shall make the request and accompanying 
        information available by electronic means, including on the 
        official public internet site of the Department of Health and 
        Human Services.
            ``(D) International agreements.--This paragraph shall be 
        applied in a manner consistent with United States obligations 
        under international agreements.
            ``(E) Management and oversight.--The Secretary may retain 
        up to 0.25 percent of the funds appropriated for this 
        subsection for management and oversight of the requirements of 
        this paragraph.
            ``(F) Effective date.--This paragraph does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        paragraph.
    ``(5) Authorization of Appropriations.--To carry out this 
subsection, there is authorized to be appropriated $2,000,000,000 for 
each of fiscal years 2022 through 2026.''.
    (b) Technical Update.--Section 1610(b) of the Public Health Service 
Act (42 U.S.C. 300r(b)) is amended by striking paragraph (3).

SEC. 40004. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.

    (a) In General.--The Secretary shall award grants to States and 
political subdivisions of States to support the improvement, 
renovation, or modernization of infrastructure at clinical laboratories 
(as defined in section 353 of the Public Health Service Act (42 U.S.C. 
263a)) that will help to improve SARS-CoV-2 and COVID-19 testing and 
response activities, including the expansion and enhancement of testing 
capacity at such laboratories.
    (b) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $4,500,000,000 for the period of 
fiscal years 2022 through 2026.

SEC. 40005. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND OUTPATIENT 
              HEALTH CARE FACILITIES.

    The Indian Health Care Improvement Act is amended by inserting 
after section 301 of such Act (25 U.S.C. 1631) the following:

``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, CONSTRUCTION, 
              MODERNIZATION, AND RENOVATION OF HOSPITALS AND OUTPATIENT 
              HEALTH CARE FACILITIES.

    ``(a) Additional Funding.--For the purpose described in subsection 
(b), in addition to any other funds available for such purpose, there 
is authorized to be appropriated $5,000,000,000 for the period of 
fiscal years 2022 through 2026.
    ``(b) Purpose.--The purpose described in this subsection is the 
planning, design, construction, modernization, and renovation of 
hospitals and outpatient health care facilities that are funded, in 
whole or part, by the Service through, or provided for in, a contract 
or compact with the Service under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.), including to address 
COVID-19 and other subsequent public health crises.''.

SEC. 40006. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE 
              INFRASTRUCTURE.

    (a) In General.--The Secretary may award grants to qualified 
teaching health centers (as defined in section 340H of the Public 
Health Service Act (42 U.S.C. 256h)) and behavioral health care centers 
(as defined by the Secretary, to include both substance abuse and 
mental health care facilities) to support the improvement, renovation, 
or modernization of infrastructure at such centers, including to 
address COVID-19 and other subsequent public health crises.
    (b) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $500,000,000 for the period of 
fiscal years 2022 through 2026.

SEC. 40007. COMMUNITY HEALTH CENTER CAPITAL PROJECT FUNDING.

    Section 10503 of the Patient Protection and Affordable Care Act (42 
U.S.C. 254b-2) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Capital Projects.--
            ``(1) In general.--There is authorized to be appropriated 
        to the CHC Fund to be transferred to the Secretary of Health 
        and Human Services for capital projects of the community health 
        center program under section 330 of the Public Health Service 
        Act, $10,000,000,000 for the period of fiscal years 2022 
        through 2026.
            ``(2) Expedited awards.--The Secretary of Health and Human 
        Services shall take such steps as may be necessary to expedite 
        the award of grants for capital projects pursuant to paragraph 
        (1) and ensure that some such awards are made during fiscal 
        year 2022.''.

SEC. 40008. ENERGY EFFICIENCY.

    (a) In General.--As a condition on receipt of a grant for a project 
under section 40004 or 40006, or under section 1610(a) of the Public 
Health Service Act, as amended by section 40003, section 301A of the 
Indian Health Care Improvement Act, as added by section 40005, or 
section 10503(c) of the Patient Protection and Affordable Care Act, as 
amended by section 40007, a grant recipient shall ensure that the 
project increases--
            (1) energy efficiency;
            (2) energy resilience; or
            (3) the use of renewable energy.
    (b) Application.--Subsection (a) shall be waived in any case or 
category of cases in which the Secretary finds that applying subsection 
(a)--
            (1) would be inconsistent with the public interest; or
            (2) will increase the cost of the overall project by more 
        than 25 percent.
    (c) Waiver.--If the Secretary receives a request for a waiver under 
this section, the Secretary shall make available to the public, on an 
informal basis, a copy of the request and information available to the 
Secretary concerning the request, and shall allow for informal public 
input on the request for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the request and 
accompanying information available by electronic means, including on 
the official public internet site of the Department of Health and Human 
Services.
    (d) Management and Oversight.--The Secretary may retain up to 0.25 
percent of the funds appropriated for this the provisions of law 
referred to in subsection (a) for management and oversight of the 
requirements of this section.
    (e) Effective Date.--This section does not apply with respect to a 
project if a State agency approves the engineering plans and 
specifications for the project, in that agency's capacity to approve 
such plans and specifications prior to a project requesting bids, prior 
to the date of enactment of this section.

                   TITLE V--BROWNFIELDS REDEVELOPMENT

SEC. 50001. AUTHORIZATION OF APPROPRIATIONS.

    Section 104(k)(13) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is 
amended to read as follows:
            ``(13) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $350,000,000 for fiscal year 2022;
                    ``(B) $400,000,000 for fiscal year 2023;
                    ``(C) $450,000,000 for fiscal year 2024;
                    ``(D) $500,000,000 for fiscal year 2025; and
                    ``(E) $550,000,000 for fiscal year 2026.''.

SEC. 50002. STATE RESPONSE PROGRAMS.

    Section 128(a)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is 
amended to read as follows:
            ``(3) Funding.--There is authorized to be appropriated to 
        carry out this subsection--
                    ``(A) $70,000,000 for fiscal year 2022;
                    ``(B) $80,000,000 for fiscal year 2023;
                    ``(C) $90,000,000 for fiscal year 2024;
                    ``(D) $100,000,000 for fiscal year 2025; and
                    ``(E) $110,000,000 for fiscal year 2026.''.
                                 <all>
LIFT America Act
To rebuild and modernize the Nation's infrastructure to expand access to broadband and Next Generation 9-1-1, rehabilitate drinking water infrastructure, modernize the electric grid and energy supply infrastructure, redevelop brownfields, strengthen health care infrastructure, create jobs, and protect public health and the environment, and for other purposes.
LIFT America Act
Leading Infrastructure For Tomorrow’s America Act
Broadband Infrastructure Finance and Innovation Act of 2021
Rep. Pallone, Frank, Jr.