Providing for Consideration of the Bill (H.R. 2) to Authorize Funds for Federal-Aid Highways
Summary
House Report 116–438 is a report of the Committee on Rules, submitted by Mr. Morelle, referred to the House Calendar and ordered to be printed June 29, 2020, on House Resolution 1028. The Committee, by a record vote of 8 to 4, reports the resolution with the recommendation that it be adopted. The resolution provides for consideration of H.R. 2, the Moving Forward Act, to authorize funds for federal-aid highways, highway safety programs and transit programs, under a structured rule. It provides two hours of general debate and a substitute consisting of Rules Committee Print 116–54, and it makes en bloc amendments in order.
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“Providing for Consideration of the Bill (H.R. 2) to Authorize Funds for Federal-Aid Highways.”
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–438
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2) TO AUTHORIZE
FUNDS FOR FEDERAL-AID HIGHWAYS, HIGHWAY SAFETY PROGRAMS,
AND TRANSIT PROGRAMS, AND FOR OTHER PURPOSES
JUNE 29, 2020.—Referred to the House Calendar and ordered to be printed
Mr. MORELLE, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1028]
The Committee on Rules, having had under consideration House
Resolution 1028, by a record vote of 8 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2, the Moving
Forward Act, under a structured rule. The resolution provides two
hours of general debate on the bill equally divided and controlled
by the chair and ranking minority member of the Committee on
Transportation and Infrastructure. The resolution waives all points
of order against consideration of the bill. The resolution provides
that an amendment in the nature of a substitute consisting of the
text of Rules Committee Print 116–54, modified by the amendment
printed in Part A of this report, shall be considered as adopted and
the bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as amend-
ed. Section 2 of the resolution provides that following general de-
bate, it shall be in order for the chair of the Committee on Trans-
portation and Infrastructure or his designee to offer an amendment
en bloc consisting of the further amendments printed in part B of
this report. The amendment en bloc shall be considered as read,
shall be debatable for one hour equally divided and controlled by
the chair and ranking minority member of the Committee on
Transportation and Infrastructure or their respective designees,
shall not be subject to amendment, and shall not be subject to a
demand for division of the question. Section 3 of the resolution pro-
vides that after consideration of the amendment en bloc described
in section 2, it shall be in order for the chair of the Committee on
Transportation and Infrastructure or his designee to offer an
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amendment en bloc consisting of the further amendments printed
99–008
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in part C of this report. The amendment en bloc shall be considered
as read, shall be debatable for 30 minutes equally divided and con-
trolled by the chair and ranking minority member of the Com-
mittee on Transportation and Infrastructure or their respective
designees, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. Section 4 of the reso-
lution provides that after consideration of the amendment en bloc
described in section 3, it shall be in order for the chair of the Com-
mittee on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments print-
ed in part D of this report. The amendment en bloc shall be consid-
ered as read, shall be debatable for 30 minutes equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Transportation and Infrastructure or their respective
designees, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. Section 5 of the reso-
lution provides that after consideration of the amendment en bloc
described in section 4, it shall be in order for the chair of the Com-
mittee on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments print-
ed in part E of this report. The amendment en bloc shall be consid-
ered as read, shall be debatable for one hour equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Transportation and Infrastructure or their respective
designees, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. Section 6 of the reso-
lution provides that after consideration of the amendment en bloc
described in section 5, it shall be in order for the chair of the Com-
mittee on Transportation and Infrastructure or his designee to offer
an amendment en bloc consisting of the further amendments print-
ed in part F of this report. The amendment en bloc shall be consid-
ered as read, shall be debatable for 30 minutes equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Transportation and Infrastructure or their respective
designees, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. Section 7 of the reso-
lution provides that after consideration of the amendment en bloc
described in section 6, it shall be in order for the ranking minority
member of the Committee on Transportation and Infrastructure or
his designee to offer an amendment en bloc consisting of the fur-
ther amendments printed in part G of this report. The amendment
en bloc shall be considered as read, shall be debatable for 30 min-
utes equally divided and controlled by the chair and ranking mi-
nority member of the Committee on Transportation and Infrastruc-
ture or their respective designees, shall not be subject to amend-
ment, and shall not be subject to a demand for division of the ques-
tion. Section 8 of the resolution provides that after consideration of
the amendment en bloc described in section 7, each further amend-
ment printed in part H of this report shall be considered only in
the order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall be de-
batable for the time specified in the report equally divided and con-
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trolled by the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question. Section 9 of the resolution provides that prior to the
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3
offering of an amendment en bloc pursuant to sections 2 through
7, the chair of the Committee on Transportation and Infrastructure
or his designee may designate amendments that shall not be con-
sidered as part of the amendment en bloc. The resolution provides
that any amendment designated pursuant to section 9 shall be in
order after consideration of the further amendments printed in
part H if offered by a Member designated in this report, shall be
debatable for 10 minutes equally divided and controlled by the pro-
ponent and an opponent, shall not be subject to amendment, and
shall not be subject to a demand for division of the question. The
resolution waives all points of order against amendments en bloc
described in sections 2 through 7 and the further amendments de-
scribed in sections 8 and 9. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H.R. 2
includes waivers of the following:
• Clause 3(d) of rule XIII, which requires the inclusion of a
committee cost estimate in a committee report. A CBO cost es-
timate on H.R. 2 was not available at the time the Committee
on Transportation and Infrastructure filed its report.
• Clause 3(e) of rule XIII, which requires the inclusion of a
comparative print for a bill proposing to repeal or amend a
statute.
• Clause 12(a)(1) of rule XXI, which prohibits consideration
of a bill unless there is a searchable electronic comparative
print that shows how the bill proposes to change current law.
• Clause 12(b) of rule XXI, which prohibits consideration of
a bill unless there is a searchable electronic comparative print
that shows how the text of the bill as proposed to be considered
differs from the text of the bill as reported.
• Section 306 of the Congressional Budget Act, which pro-
hibits consideration of legislation within the jurisdiction of the
Committee on the Budget unless referred to or reported by the
Budget Committee.
The waiver of all points of order against provisions in H.R. 2, as
amended, includes waivers of the following:
• Clause 4 of rule XXI, which prohibits reporting a bill car-
rying an appropriation from a committee not having jurisdic-
tion to report an appropriation.
• Clause 5(a) of rule XXI, which prohibits a bill carrying a
tax or tariff measure from being reported by a committee not
having jurisdiction to report tax or tariff measures.
Although the resolution waives all points of order against the
amendments en bloc described in sections 2 through 7 of the reso-
lution, the further amendments described in section 8, and the fur-
ther amendments described in section 9, the Committee is not
aware of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
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The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
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Rules Committee record vote No. 325
Motion by Mr. Cole to report an open rule. Defeated: 4–7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... ................... Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 326
Motion by Mr. Cole to amend the rule to H.R. 2 to make in order
amendment #150, offered by Rep. Garcia (CA), which reauthorizes
Subtitle J of Title 3 of Public Law 114–322 through Fiscal Year
2028. Defeated: 4–7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... ................... Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 327
Motion by Mr. Cole to amend the rule to H.R. 2 to make in order
amendment #168, offered by Rep. Calvert (CA), which eliminates
certain restrictions on constructing additional lanes and capacity
on the National Highway System. Defeated: 4–7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... ................... Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 328
Motion by Mr. Woodall to amend the rule to H.R. 2 to make in
order amendment #192, offered by Rep. Davis (IL), which stream-
lines and consolidates the federal permitting process. Defeated: 4–
7
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
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Mrs. Torres ....................................................... ................... Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
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Majority Members Vote Minority Members Vote
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 329
Motion by Mr. Burgess to amend the rule to H.R. 2 to make in
order amendment #380, offered by Rep. Burgess (TX), which raises
the threshold of covered projects under NEPA to $1 billion and al-
lows projects with marginal environmental impact to be excluded
from NEPA review. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 330
Motion by Mrs. Lesko to amend the rule to H.R. 2 to make in
order amendment #355, offered by Rep. Lesko (AZ), which ensures
that states who issue driver licenses to illegal aliens do not receive
federal highway funding. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 331
Motion by Mrs. Lesko to amend the rule to H.R. 2 to make in
order amendment #356, offered by Rep. Lesko (AZ), which repeals
the excise tax on heavy trucks and trailers through 2021. Defeated:
4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
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Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 332
Motion by Mr. Morelle to report the rule. Adopted: 8–4
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Woodall ...................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mrs. Lesko ........................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Ms. Shalala ...................................................... Yea
Ms. Matsui ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 2 IN PART A CONSIDERED AS
ADOPTED
1. DeFazio (OR): Adds a credit providing for an additional sub-
sidy for green energy projects that conform to certain labor stand-
ards and adds required labor standards for projects financed with
certain tax-preference bonds. Directs the Transportation Security
Administration (TSA) to convert all covered employees and posi-
tions within TSA to the personnel management provisions of title
5, U.S.C., thereby ensuring that TSA employees are provided the
same rights and civil service protections afforded most other Fed-
eral workers. Authorizes $3.396 billion for VA construction and
maintenance and applies the existing government-wide three per-
cent goal for participation by service-disabled veteran owned small
businesses to the minor construction and non-recurring mainte-
nance allocations. Adds trailers to the list of vehicles that may be
purchased with the funds authorized. Adds Davis Bacon require-
ments to the Housing Trust Fund, Capital Magnet Fund, and Flood
Mitigation Assistance funding in the bill. Raises the cap on the Re-
forestation Trust Fund to $60,000,000 per year to address United
States Forest Service replanting needs. Makes certain changes to
public outreach procedures for abandoned coal mine reclamation at
the request of the states and restates existing law for Department
of Energy technical assistance to states for reclaiming orphaned
wells. Requires the Secretary of Transportation to enter into an
agreement with the National Academies of Sciences to develop a
long-term research agenda for the surface transportation system
that would address integrating advanced technologies and innova-
tion and requires the Secretary to establish a program for long-
term, high-risk research. Provides authority to the Secretary to es-
tablish a program for the demonstration of advanced transportation
technologies for local transportation organizations and transit
agencies serving populations of 200,000 or less and reauthorizes a
previously existing advisory council to facilitate receiving outside
expertise. Amends Division G to insert Davis-Bacon requirements
and clarifies prioritization of funding for broadband deployment
policies, among other technical changes. Amends Division O, Agri-
culture Infrastructure Improvements, by doubling the current stat-
utory deposit limit for the Reforestation Trust Fund, enabling addi-
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tional reforestation activities on National Forest System lands, in-
cluding tree planting, seeding, fertilization, and timber stand im-
provement. Deposits in the account are derived from tariffs on im-
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ported wood products. Requires that the National Lifeline Verifier
be hooked up to SNAP’s National Accuracy Clearinghouse.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART B MADE IN ORDER
EN BLOC
1. Adams (NC), Sewell (AL), Cooper (TN), Khanna (CA): Changes
‘‘minority institutions’’ (20 U.S.C. 1067k) to ‘‘historically black col-
leges and universities and other minority-serving institutions’’ (20
U.S.C. 1067q) and raises the minimum number of grants to those
institutions from two to four.
2. Aguilar (CA), Rouda (CA): Amends the Gridlock Reduction
Grant Program to ensures eligibility for transportation authorities
that are non-traditional local governments or MPOs, yet are legally
responsible for delivering transportation improvements.
3. Aguilar (CA), Takano (CA): Includes language to ‘‘reduce the
environmental impacts of freight movement on the National High-
way Freight Network, including local pollution’’ as a goal of the Na-
tional Highway Freight Program. This language is intended to clar-
ify that air pollution caused from vehicles idling at railway cross-
ings is considered to be ‘‘local pollution’’.
4. Brindisi (NY): Ensures that hybrid electric buses that make
meaningful reductions to direct carbon emissions have a 90% cost
share in the bus formula and bus competitive grant programs.
5. Cicilline (RI): Creates a Task Force to assess existing stand-
ards and test methods for the use of innovative materials in infra-
structure, identify key barriers in the standards area that inhibit
broader market adoption, and develop new methods and protocols,
as necessary, to better evaluate innovative materials.
6. Crist (FL): Includes consultation with HHS in updating the
national safety plan to include responses to pandemics and other
public health crises.
7. Crist (FL): Ensures that CDC guidelines are taken into ac-
count in adding infectious diseases to the required issues that must
be addressed in safety plans.
8. Cunningham (SC): Requires the vulnerability assessment done
by Metropolitan Planning Organizations to include a review of how
accessible health care and public health facilities are in an emer-
gency situation and what improvements may be made to ade-
quately facilitate safe passage and ensures that projects that re-
duce risks of disruption to critical infrastructure are given priority
for Section 1202 funding.
9. Escobar (TX): Directs the Department of Transportation to
conduct a study on the infrastructure state of colonias, including
surface, transit, water, and broadband infrastructure of such
colonias.
10. Escobar (TX): Creates a new $10 million grant program for
colonias to maintain a state of good repair for surface infrastruc-
ture in these communities.
11. Eshoo (CA), Matsui (CA), Costa (CA), Cisneros (CA): Adds
charging speed and minimization of future upgrade costs as consid-
erations for electric vehicle charging infrastructure grants.
12. Finkenauer (IA): Authorizes additional appropriations for the
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Rebuild Rural grant program in FY23 and FY24.
13. Garcı́a, Jesús (IL), Schakowsky (IL): Requires that a study on
how autonomous vehicles will impact transportation include sec-
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ondary impacts on air quality and climate as well as energy con-
sumption.
14. Jayapal (WA), Brownley (CA): Adds requirements to Section
1621 to study workforce, training and equity considerations as re-
lated to job creation that would result from federal investments in
climate-resilient transportation infrastructure.
15. Jayapal (WA), Blumenauer (OR), Huffman (CA): Ensures
that the national surface transportation system funding pilot pro-
motes personal privacy for participants by (1) adding a consumer
advocate to the advisory board to implement the program, (2) en-
suring that the public awareness campaign to carry out the pilot
includes information related to personal privacy and (3) adding
that the report to Congress should include an analysis of how pri-
vacy for volunteer participants was maintained.
16. Keating (MA): Adds projects replacing, reconstructing or re-
habilitating a high commuter corridor as a consideration for award-
ing a grant under H.R. 2. It also clarifies that the U.S. Army Corps
of Engineers and the Bureau of Reclamation and Bureau of Land
Management are eligible entities to receive funds.
17. Keating (MA): Clarifies federal land transportation facilities
as ‘‘highways, bridges, or other transportation facilities’’ for which
the maintenance responsibility is vested in the Federal Govern-
ment.
18. Lamb (PA): Directs the Secretary to carry out a study on the
operational and safety performance of small commercial vehicles
used in interstate commerce.
19. Larsen, Rick (WA), Payne, Jr. (NJ): Directs GAO to study the
capital investment needs of U.S. public ferries and whether federal
funding programs are meeting those needs. The report would also
examine the feasibility of including public ferries in DOT’s Condi-
tions and Performance Report (C&P) and provide recommendations
to Congress.
20. Levin, Andy (MI), Ocasio-Cortez (NY): Amends the EV Charg-
ing, Natural Gas Fueling, Propane Fueling and Hydrogen Fueling
Infrastructure Grants by (1) Including environmental and environ-
mental justice organizations on the list of relevant stakeholders; (2)
Strengthening environmental justice protections and plans for re-
newable or zero emissions energy sources for charging and fueling
infrastructure in the list of considerations for grant eligibility; (3)
Directing the DOT to conduct a study on options for financing the
placement of a national network of publicly available EV charging
infrastructure along the National Highway System, and; (4) Direct-
ing the DOT to conduct a study to determine the maximum dis-
tance allowable between publicly available EV charging infrastruc-
ture such that a driver can drive across the National Highway Sys-
tem without running out of charging power.
21. Lewis (GA): Authorizes the use of surface transportation
funds to build noise barriers for older residential communities
along major roads.
22. Luria (VA): Incentivizes localities to build or expand transit
to low-income areas or areas that do not have adequate access to
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public transportation.
23. Meng (NY): Requires a report on accessibility to public trans-
portation for pregnant women.
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24. Meng (NY): Requires as part of the National Transit Front-
line Workforce Training Center training methods that would cater
to the needs of diverse participants.
25. Meng (NY): Requires the race and ethnicity of officers who
stop motor vehicles on highways, as well as the race/ethnicity of
the driver.
26. Moore (WI): Requires the Office of Tribal Affairs to have and
implement regular and meaningful consultation and collaboration
with Tribes and Tribal officials as required by Executive Order
13175.
27. Morelle (NY): Requires Secretary of Transportation to create
best practices for application of National National Environmental
Policy Act of 1969 to federally funded bus shelters to assist recipi-
ents of Federal funds in receiving exclusions permitted by law.
28. Murphy, Stephanie (FL), Soto (FL), Demings (FL): Directs
USDOT to take action to improve the risk-based stewardship and
oversight of recipients of Federal funds.
29. Napolitano (CA): Strikes Section 1604, the Balance Ex-
changes for Infrastructure Program title, from the bill.
30. Norcross (NJ): Amends Sec. 1614(B)(2) by adding labor orga-
nizations as a listed member of the working group on construction
resources.
31. Omar (MN): Requires a report on barriers to public transpor-
tation faced by residents of Areas of Concentrated Poverty.
32. Peters (CA), Smith, Adam (WA), Jayapal (WA), Levin, Mike
(CA): Ensures that projects submitted to the FTA Capital Invest-
ment Grants program can use ridership data collected before the
COVID–19 outbreak and projections based on that data, if re-
quested.
33. Porter (CA), Speier (CA), DeLauro (CT), Brownley (CA), Scha-
kowsky (IL), Pressley (MA): Improves the health and safety of
women drivers by identifying the impact that vehicle sizing, design,
and safety measures have on women.
34. Ruiz (CA): Requires NHTSA to study the safety implications
of equipping school buses with air conditioning to prevent heat-re-
lated illness and over-heating among students.
35. Schrier (WA): Waives FTA’s spare ratio regulations for two
years. The spare ratio regulations require that the number of spare
buses in the active fleet for recipients operating 50 or more fixed-
route revenue vehicles cannot exceed 20 percent of the number of
vehicles operated in maximum fixed-route service.
36. Scott, Bobby (VA), Murphy, Stephanie (FL): Expresses a
Sense of Congress that the Department of Transportation should
utilize modeling and simulation technology to analyze federally
funded highway and public transit projects to ensure that these
projects will increase transportation capacity and safety, alleviate
congestion, reduce travel time and environmental impact, and are
as cost effective as practicable.
37. Speier (CA): Adjusts the definition of low-income individuals
to include Federal Pell grant recipients for demonstration grants to
support reduced fare transit.
38. Swalwell (CA), Maloney, Sean (NY): Strengthens limitations
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on financial assistance for state-owned enterprises by adding ‘‘exer-
cising an option on a previously awarded contract’’ to section re-
stricting the use of H.R. 2 funds.
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39. Titus (NV): Amends Sec. 405 of Title 23 to ensure funding to
implement child passenger safety programs in low-income and un-
derserved populations in lower seat belt use rate states as defined
in Sec. 405(b)(3)(B).
40. Titus (NV): Amends Sec. 405(h) of Title 23 to enhance
NHTSA nonmotorized safety grants for bike and pedestrian safety
programs and campaigns.
41. Tlaib (MI), Barragán (CA), Ocasio-Cortez (NY), Brownley
(CA): Adds to the Climate Resilient Transportation Infrastructure
Study a requirement to outline how Federal infrastructure plan-
ning, design, engineering, construction, operation, and maintenance
impact the environment and public health of disproportionately ex-
posed communities. A disproportionately exposed community is de-
fined as a community in which climate change, pollution, or envi-
ronmental destruction have exacerbated systemic racial, regional,
social, environmental, and economic injustices by disproportion-
ately affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural com-
munities, the poor, low-income workers, women, the elderly, people
experiencing homelessness, people with disabilities, people who are
incarcerated, or youth.
42. Tlaib (MI): Requires an annual consultation between DOT
and EPA to review all projects under the Community Climate pro-
gram. The amendment also requires a one-time public comment so-
licitation prior to the first year of grants and before Charter Ap-
proval.
43. Torres, Norma (CA): Requires GAO to conduct a study of the
impacts of vehicle miles traveled fee pilot programs.
44. Torres, Norma (CA): Reauthorizes the Transportation Equity
Research program and requires other transportation equity studies.
45. Velázquez (NY): Requires that grantees applying for a dem-
onstration grant under section 2503 plan for a public awareness
campaign, and for such campaign to be available in languages
other than English, to notify low-income individuals of the agency’s
ability to provide reduced fares. Clarifies that jurisdictions already
with a low-income program for reduced fares in place are still eligi-
ble to participate in the grant program.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART C MADE IN ORDER
EN BLOC
1. Cuellar (TX): Directs new highway-rail grade crossing grant
program to specifically address projects involving grade crossing
separations at international borders.
2. Garcı́a, Jesús (IL), Carbajal (CA), Lynch (MA), Ocasio-Cortez
(NY), Pressley (MA), Jayapal (WA): Expands COVID–19 protec-
tions to passenger and freight/cargo transportation workers across
all modes.
3. Gottheimer (NJ): Requires DOT to publish a contingency plan
for a shutdown of train travel in the North River Tunnel under the
Hudson River.
4. Jackson Lee (TX): Requires a report from the FAA on those
areas of the airport system that have not received any COVID–19
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related funding and requires prioritizing of funding to these areas.
5. Jayapal (WA), Quigley (IL), Norton (DC), Lynch (MA), Smith,
Adam (WA), Suozzi (NY), Pressley (MA), Brownley (CA), Speier
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(CA), Rouda (CA), Beyer (VA), Raskin (MD): Increases set-aside
from 4.5% to 5% for airport emission reduction projects, airplane
noise mitigation and other airport projects that reduce the adverse
effects of airport operations on the environment and surrounding
communities.
6. Kaptur (OH), Ryan (OH): Expresses the sense of Congress dis-
approving of Amtrak’s recent announcement drastically limiting
daily long-distance train service to hundreds of communities across
the nation.
7. Kilmer (WA): Amends Section 10103. Airport Resiliency
Projects to include general aviation airports that are designated as
a Federal staging area by the Federal Emergency Management
Agency to accommodate critical emergency infrastructure in rural
communities.
8. Lamb (PA): Directs the Army Corps of Engineers to lead the
development and implementation of an interagency plan to prepare
for and respond to climate change within the Ohio River Basin,
based on their previous report.
9. Lawrence (MI): Requires a study on water affordability, in-
cluding water rates, shutoffs, and the effectiveness of SRF funding
for promoting affordable and equitable service. The study will also
investigate any discriminatory practices of water and sewer service
providers and any violations of civil rights and equal access to
water and sewer service sand will further assess the availability of
data on water access and water shutoffs.
10. Lewis (GA): Codifies existing FAA rules about changes in air-
port sponsorship.
11. Lynch (MA): Requires the Secretaries of Transportation,
Health and Human Services, and Homeland Security to establish
an expert Joint Task Force to develop uniform federal safety guide-
lines and protect passengers and aviation employees against the
impact of the coronavirus pandemic.
12. McNerney (CA), Harder (CA), Cox (CA), Thompson, Mike
(CA), Costa (CA): Requires Amtrak to develop ridership and station
staffing projections as part of its now required capital and oper-
ating projections.
13. Meng (NY): Requires the Federal Railroad Administration to
prescribe regulations requiring rail coverings.
14. Morelle (NY): Adds ‘‘Buy America’’ provisions to the Railroad
Rehabilitation & Improvement Financing (RRIF) title of HR 2 to
cover rolling stock (trainsets).
15. Morelle (NY): Authorizes GAO study on the accessibility of
FEMA’s Public Assistance, Individual Assistance, and other rel-
evant flood disaster assistance programs, with a focus on identi-
fying barriers to access based on race, ethnicity, language, and in-
come level.
16. Moulton (MA): Expands public benefits considered in cost-
benefit analyses for Passenger Rail Improvement, Modernization,
and Expansion (PRIME) Grants to include induced demand and re-
gional and local economic gains, including increased competitive-
ness, productivity, efficiency, and economic development.
17. Moulton (MA): Grants the Federal Railroad Administration
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advance acquisition authority for rail projects receiving federal
funds, just as is given to the Federal Highway Administration and
the Federal Transit Administration. Advance acquisition will not
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12
allow development on acquired right-of-way or adjacent real prop-
erty interests prior to completing review and planning require-
ments.
18. Napolitano (CA), Lewis (GA), Scott, David (GA), Lowenthal
(CA), Huffman (CA), Garamendi (CA), Rouda (CA), Schiff (CA):
Overturns a 2014 FAA policy change and reestablishes previous
FAA interpretation and enforcement that the restriction on the use
of aviation fuel tax revenues for airport purposes applies to excise
taxes and not general sales taxes.
19. Neguse (CO): Requires the Federal Railroad Administration
to report to Congress on the Supplementary Safety Measures and
Alternative Safety Measures researched by the Railroad Research
and Development Program that can be used by communities to
qualify for a Quiet Zone.
20. Neguse (CO): Authorizes a GAO study of the building codes
and standards used by the Federal Emergency Management Agen-
cy—including an assessment of the status of building code adoption
across states, tribes, and territories, the economic benefits to
prioritizing resiliency, and an assessment of the building codes uti-
lized by FEMA with recommendations for improvements to their
utilization of codes and standards to prepare for climate change
and impacts.
21. Panetta (CA): Permits an EDA grant recipient to repurpose
funding from a revolving loan fund (RLF) after it has been lent out
and repaid.
22. Perlmutter (CO): Authorizes funding for the US Geological
Survey to support construction of a science facility conducting en-
ergy and minerals research.
23. Pressley (MA): Requires GAO to issue a report on the impact
of transportation policies on marginalized communities, including
fare evasion and speed enforcement camera policies, and make rec-
ommendations on ways to reduce any disproportionate impacts.
24. Quigley (IL): Requires GSA to incorporate strategies, fea-
tures, and practices to reduce bird fatality resulting from collisions
with public buildings which GSA owns, acquires, or alters.
25. Rouda (CA), Norton (DC): Establishes the Aviation Industry
Assistance for Cleaner and Quieter Skies Voucher Program to pro-
vide incentives to enhance our domestic airline fleets and reduce
emissions and noise.
26. Sherrill (NJ): Authorizes a GAO study that would recommend
specific safety measures to reduce exposure to the SARS–CoV–2
virus on mass transportation systems, as well as technologies that
can assist with the implementation of these safety measures, i.e.
technologies that facilitate large-scale sanitation/decontamination
and encourage social distancing.
27. Sherrill (NJ): Adds $50 million to the credit risk premium
subsidy for the Railroad Rehabilitation and Improvement Financ-
ing (RRIF) program, using $50 million in funding originally author-
ized for the state-supported route subsidy.
28. Slotkin (MI): Strengthens Pipeline and Hazardous Materials
Safety Administration (PHMSA) reporting and transparency re-
quirements related to pipeline leaks, damage, or disruption
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29. Smith, Adam (WA), Norton (DC), Quigley (IL), Peters (CA),
Lynch (MA), Beyer (VA), Suozzi (NY), Pressley (MA), Raskin (MD):
Requires the FAA and the EPA to work with the National Academy
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13
of Sciences to conduct a national study on the characteristics, dis-
tributions, sources, and potential health effects of airborne
ultrafine particles in airport adjacent communities.
30. Speier (CA), Huffman (CA), Garamendi (CA), Lofgren (CA),
Thompson, Mike (CA): Increases the authorized amount of the San
Francisco Bay Restoration grant program from $25 million to $50
million.
31. Torres Small, Xochitl (NM), Cuellar (TX), Haaland (NM),
Vargas (CA), Luján (NM), Welch (VT), Grijalva (AZ): Authorizes
$100 million for infrastructure improvement projects at land ports
of entry with significant total trade percentage growth in 2019.
32. Trone (MD): Establishes a pilot program to provide funding
to states to incorporate wastewater testing for drugs at municipal
wastewater treatment plants and to develop public health interven-
tions to respond to the findings (amendment updated to reflect
funding is subject to appropriations). This would allow public
health departments to monitor drug consumption and detect new
drug use more quickly and in a more specific geographic region
than methods currently in use while preserving individual privacy.
33. Vargas (CA): States that the the California New River Res-
toration Act Authorizes the Environmental Protection Agency
(EPA) Administrator to support projects recommended by the Cali-
fornia-Mexico Border Relations Council. Additionally, the Cali-
fornia New River Restoration Act of 2019 ensures that the EPA
will consult with all the New River stakeholders on both sides of
the border during the creation and implementation of the pro-
grams.
34. Waters (CA): Requires airport sponsors that receive supple-
mental funding for airports in FY 2021 to provide financial relief
to airport concessionaires experiencing economic hardship and to
show good faith efforts to provide relief to socially and economically
disadvantaged businesses.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART D MADE IN ORDER
EN BLOC
1. Blunt Rochester (DE): Authorizes $20 billion over 5 years, and
$84 million per year over 10 years for the administration of the
program, in funding for states, federal buildings, and tribes to up-
grade public building infrastructure, like hospitals and schools,
making them more energy efficient and resilient. Funding will be
delivered through three existing Department of Energy programs
and will prioritize projects in environmental justice and low-income
communities.
2. Blunt Rochester (DE): Authorizes $250 million per year over
5 years for a competitive grant program at EPA that incentivizes
ports to create and implement climate action plans to reduce GHG
emissions and other air pollutants. The grants will be prioritized
based on several factors: regional collaboration, engagement of EJ
and near-port communities in developing the climate action plans,
and utilizing zero emissions as a key strategy of the plan.
3. Brindisi (NY): Instructs the Office of Internet Connectivity and
Growth to study the impact of monopolistic business practices by
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broadband service providers.
4. Brindisi (NY), Costa (CA): Requires the Office of Internet
Connectivity and Growth to study the extent to which broadband
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service providers utilizing federal programs are delivering the
upload and download speeds required.
5. Craig (MN): Blocks the FCC from taking action on a dual No-
tice of Proposed Rulemaking and also annuls the FCC’s Declaratory
Rulemaking that seeks to block an ordinance that was adopted to
give local residents more broadband competition.
6. Cunningham (SC): Ensures that hospital infrastructure
projects that are related to natural disaster preparedness and flood
mitigation are given priority alongside projects dealing with public
health emergency preparedness or cybersecurity.
7. Cunningham (SC): Requires NOAA to conduct a study on wild
fish in PFAS-contaminated waters and the risks of consuming such
fish to humans and natural predators.
8. Dingell (MI): Establishes a Clean Energy and Sustainability
Accelerator to bolster and expand a robust clean energy workforce,
deploy emissions reduction technologies, and invest in low-carbon
infrastructure projects as an independent non-profit capitalized
with $20 billion of federal funds spread over a six-year period. The
Accelerator is also authorized to provide financial and technical
support to state and local green banks in the United States.
9. Foster (IL): Includes language in the Grid Security and Mod-
ernization section that would require the Secretary of Energy to
provide goals and objectives, cost targets, a multi-year strategy,
and testing and validation requirements for energy storage. The
language also includes a limitation on the total number of dem-
onstration projects to focus on the most promising technologies.
10. Haaland (NM), Luján (NM), Schrier (WA), Gallego (AZ),
Huffman (CA), Moore (WI), O’Halleran (AZ), Horn (OK): Postpones
the FCC’s 2.5 GHz Tribal Priority filing window deadline by 180
days that is set to close on August 3, 2020.
11. Hayes (CT), Cárdenas (CA): Doubles funding clean school bus
programs under the Environmental Protection Agency and triple
funding reserved for underserved and disadvantaged communities.
12. Krishnamoorthi (IL), Porter (CA): Requires booster seat label-
ing.
13. Levin, Andy (MI): Amends the pilot program to improve lab-
oratory infrastructure to prioritize the reduction of wait times for
COVID–19 test results.
14. Lipinski (IL): Requires NHTSA to issue a rule for motor vehi-
cle bumpers and hoods to be designed to reduce the impact on vul-
nerable road users, including pedestrians and cyclists, in the event
of a collision with a motor vehicle.
15. Luján (NM), Foster (IL), Watson Coleman (NJ), Scott, Bobby
(VA), Lofgren (CA), Haaland (NM), Neguse (CO), Lee, Barbara
(CA), Underwood (IL), Swalwell (CA), Johnson, Eddie Bernice (TX):
Authorizes $6 billion to address the significant deferred mainte-
nance needs and to accelerate the modernization of the Department
of Energy’s national laboratory infrastructure.
16. Matsui (CA): Raises the Electric Vehicle Supply Equipment
Rebate Program cap for eligible parties from $75,000 to $100,000
and lowers the minimum voltage level for qualifying Level 2 Charg-
ing Equipment from 240 volts to 208 volts.
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17. Matsui (CA), Sarbanes (MD): Authorizes a program at the
Department of Energy to deliver grants to utilities that partner
with nonprofit tree-planting organizations to provide free or dis-
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counted trees with the goal of reducing energy costs, reducing
neighborhood temperatures, and promote local workforce develop-
ment and community engagement.
18. Meng (NY): Creates a new $5 million grant program to re-
place water fountains at public playgrounds and parks.
19. Moore (WI): Creates a research program at the EPA to sup-
port ongoing efforts to use wastewater surveillance to track trends
and the prevalence of COVID–19.
20. Norcross (NJ): Creates a rebate program for energy efficiency
upgrades.
21. Phillips (MN): Directs the GAO to conduct a study on
broadband deployment to cities and towns with populations be-
tween 2,500 and 50,000.
22. Plaskett (VI): Provides for the equitable inclusion of the U.S.
island territories within the meaning of the terms ‘‘high-poverty
area’’ and ‘‘persistent poverty county’’.
23. Plaskett (VI): Makes U.S. territories eligible for Safe Drink-
ing Water Act assistance authorized for areas affected by natural
disasters.
24. Porter (CA), Cárdenas (CA), Hayes (CT): Requires the Sec-
retary of Health and Human Services and the Administrator of the
Environmental Protection Agency to conduct a study on the effects
of idling school buses and cars in school zones on children’s health.
25. Sablan (MP): Codifies the annual reservation of 1.5 percent
of Safe Drinking Water Act SRF for the U.S. Territories included
in annual appropriations legislation covering the DWSRF every
year since FY 2010.
26. Slotkin (MI): Stipulates that receipt of a grant under the
PFAS Infrastructure Grant Program in no way absolves the De-
partment of Defense of their responsibilities relating to cleanup of
PFAS.
27. Spanberger (VA): Requires GAO to conduct an evaluation and
write a report on the efficacy of the FCC’s existing process for es-
tablishing, reviewing, and updating its speed thresholds for
broadband service.
28. Takano (CA): Adds ‘‘battery storage technologies’’ for residen-
tial, industrial, and transportation applications.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART E MADE IN ORDER
EN BLOC
1. Babin (TX), Conaway (TX), Williams (TX), Bishop, Sanford
(GA), Carter, John (TX), Abraham (LA), Weber (TX), Allen (GA),
Flores (TX), Hice (GA), Cuellar (TX), Fletcher (TX), Palazzo (MS),
Ferguson (GA): Authorizes the expansion and improvement of
interstate 14.
2. Balderson (OH), Burgess (TX): Strikes ‘‘lane splitting’’ in Sec.
5304 and inserts descriptive language to better account for varying
state laws.
3. Beyer (VA), Napolitano (CA), Katko (NY): Authorizes a study
by GAO to determine the effectiveness of suicide barriers on phys-
ical structures other than bridges.
4. Brownley (CA), Pence (IN): Ensures the installation of protec-
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tive devices and the replacement of functionally obsolete warning
devices at railway-highway crossings are eligible under the rail
grade crossing program.
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5. Calvert (CA), Takano (CA): Establishes the Western Riverside
County Wildlife Refuge.
6. Cohen (TN), Chabot (OH), Brownley (CA), Fitzpatrick (PA),
Nadler (NY): Authorizes a study by GAO on the reporting of alco-
hol-impaired driving arrest and citation results into federal data-
bases to facilitate the widespread identification of repeat impaired
driving offenders.
7. Crawford (AR): Applies TIVSA protections to buses.
8. Cuellar (TX), Babin (TX), Fletcher (TX), Arrington (TX), Luján
(NM): Adds a new section that provides I–27 Future Interstate
Designation for Texas and New Mexico.
9. Dingell (MI), Fortenberry (NE), Raskin (MD): Adds the bipar-
tisan natural infrastructure bill H.R. 3742, the Recovering Amer-
ica’s Wildlife Act, which will enable States, Territories, and Tribes
to complete habitat restoration and natural infrastructure projects,
specified in Congressionally-mandated Wildlife Action Plans, to re-
cover more than 12,000 wildlife, fish, and plant species of greatest
conservation need, build recreational and educational infrastruc-
ture, and bolster community resilience through natural defenses.
10. Garcı́a, Jesús (IL), Gallagher (WI): Amends parameters of the
study on travel demand modeling described in section 1404 to ac-
count for induced demand and update antiquated models like
‘‘Level of Service.’’
11. Gianforte (MT): Permits the continued use of Pick-Sloan Mis-
souri Basin Program project use power by the Kinsey Irrigation
Company and the Sidney Water Users Irrigation District.
12. González-Colón, Jenniffer (PR): Makes Puerto Rico an eligible
applicant location for the Bureau of Reclamation’s WaterSMART
Grants. Currently, Puerto Rico is the only territory and noncontig-
uous jurisdiction in the United States where these competitively-
awarded water conservation and efficiency grants are not available.
13. González-Colón, Jenniffer (PR): Allows Puerto Rico to issue
Commercial Driver’s Licenses and also be eligible for Commercial
Drivers License Improvement Program grant funding.
14. Graves, Garret (LA): Includes fishermen that have been im-
pacted by unfair trade practices for consideration under Sec. 83101.
15. Grothman (WI): Allows the Secretary of Commerce or the
Secretary of the Interior to consider the threat of invasive species
before prescribing a fishway be constructed into a dam.
16. Hastings (FL), Mast (FL): Expands eligibility for the Surface
Transportation Block Grant program to include rural roads that
serve to transport agriculture products from farms or ranches to
the marketplace.
17. Keller (PA), Thompson, Glenn (PA), Joyce, John (PA): Allows
the Department of Transportation to award transit research, devel-
opment and testing funds in a competitive manner.
18. Krishnamoorthi (IL), Gallagher (WI): Adds a grant program
for states that ban non-navigational viewing.
19. Lowenthal (CA), Davis, Rodney (IL), Cohen (TN): Directs the
Secretary of Transportation to issue a vehicle safety standard to re-
quire that new commercial motor vehicles are equipped with a uni-
versal electronic vehicle identifier.
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20. McKinley (WV), Veasey (TX), Fletcher (TX), Sewell (AL),
Schweikert (AZ), Peters (CA), Costa (CA), Miller (WV), Cisneros
(CA), Horn (OK): Authorizes and provide funding for a DOE carbon
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capture, utilization, and storage technology commercialization pro-
gram and direct air capture technology prize program.
21. Rouda (CA), Huffman (CA), Katko (NY): Creates a grant pro-
gram to support the modernization of the Nation’s publicly owned
treatment works to maintain reliable and affordable water quality
infrastructure that addresses demand impacts, including resiliency,
to improve public health and natural resources.
22. Ruiz (CA), Cook (CA), Barragán (CA), Calvert (CA): Provides
authorization for construction of an access road to the Desert Sage
Youth Wellness Center, the only IHS Youth Regional Treatment
Center in California.
23. Sarbanes (MD), Scott, Bobby (VA), Wittman (VA), Harris
(MD): Reauthorizes the Chesapeake Bay Gateways and Watertrails
program.
24. Scott, Bobby (VA), Sarbanes (MD), Wittman (VA): Authorizes
the U.S. Fish and Wildlife Service to establish a program to restore
and protect the Chesapeake Bay watershed by investing in green
infrastructure, habitat preservation, and ecosystem restoration to
enhance community resilience, improve water quality, and increase
recreational opportunities while also creating jobs and enhancing
economic opportunities.
25. Walberg (MI), Burgess (TX): Adds the term ‘‘mode of trans-
portation’’ to the criteria for collection of data on traffic stops.
26. Walden (OR): Temporarily waives certain limitations for pur-
poses of pedestrian and bicycle safety improvements on the Na-
tional Trail System in National Scenic Areas.
27. Welch (VT), McKinley (WV), Hayes (CT): Creates an online
energy efficiency contractor training program. The amendment also
makes improvements to the home energy efficiency rebate program
already included in the committee text of the bill.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART F MADE IN ORDER
EN BLOC
1. Adams (NC), Sewell (AL), Cooper (TN): Supports HBCU infra-
structure development by asking the Secretary of Education to
comply with the GAO’s recommendation that the Education De-
partment analyze the potential benefits to HBCUs by modifying
the terms of existing HBCU Capital Financing Program loans, as
described in the GAO’s report published on June 15, 2018 (GAO–
18–455).
2. Axne (IA), Khanna (CA), Finkenauer (IA): Establishes a grant
program for the purchase and preservation of manufactured hous-
ing communities as long term affordable housing.
3. Bonamici (OR), Cisneros (CA), Finkenauer (IA): Directs the
Department of Labor to provide grants to partnerships that sup-
port paid work-based learning programs, including Registered Ap-
prenticeships, and supportive services to improve worker training,
retention, and advancement for individuals who have historically
faced barriers to employment in targeted infrastructure industries.
4. Brownley (CA): Requires that medium- and heavy-duty vehi-
cles purchased by the federal government are zero emission vehi-
cles to the maximum extent feasible.
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5. Cárdenas (CA), Murphy, Stephanie (FL): Encourages USPS, in
its process of replacing its aging delivery vehicle fleet, to take all
reasonable steps to ensure that its vehicles are equipped with cli-
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mate control units to protect the health and safety of its mail car-
riers, especially those working in areas of the country that are sub-
ject to extreme temperatures.
6. Courtney (CT), Larson, John (CT), Lynch (MA): Ensures that
the list of activities eligible for Community Development Block
Grant funds from Division J of the bill include housing remediation
due to iron sulfide or other minerals that cause housing degrada-
tion.
7. Gallego (AZ), Haaland (NM): Requires Tribal and Native Ha-
waiian consultation in the development of the State Digital Equity
Capacity Grant Program and improves technical assistance for
Tribes and Native Hawaiian organizations accessing the program.
8. Garcı́a, Jesús (IL), Pressley (MA): Directs HUD to check public
housing projects and federally assisted housing projects for lead
pipes and issue grants to remove them.
9. Hastings (FL), Clarke, Yvette (NY): Requires the Comptroller
General of the United States to study high-speed internet
connectivity in Federally assisted housing, and requires the Sec-
retary of the Department of Housing and Urban Development to
submit a master plan to Congress for retrofitting these buildings
and units as necessary to support broadband service.
10. Jayapal (WA): Ends the sunset date for the U.S. Interagency
Council on Homelessness and makes procedural and functional
changes to allow the Council to provide more guidance to federal
agencies as to how agency policies impact persons experiencing
homelessness and housing instability. Creates a new advisory coun-
cil composed of people currently and formerly experiencing home-
lessness & groups representing people experiencing homelessness.
11. Jayapal (WA), Meng (NY): Requires GAO to issue a report on
the housing infrastructure needs of populations at higher risk of
homelessness, including people of color; LGBTQ persons; justice
system-involved persons; foster and former foster youth; seniors;
people with disabilities; survivors of domestic violence, sexual as-
sault and intimate partner violence; and veterans. The report will
recommend policy and practice changes by federal agencies to en-
sure housing infrastructure needs of those populations are better
met.
12. Lowenthal (CA): Establishes a Water Reuse Interagency
Working Group.
13. McCollum (MN): Applies Buy America requirements to the
Community Development Block Grant program with exemption for
housing development.
14. Neguse (CO), Perlmutter (CO): Directs GAO to complete a re-
port every three years on the status of federal research facilities in-
frastructure, and strengthens current science infrastructure report-
ing requirements for the Office of Science and Technology Policy
(OSTP) Director by requiring that they report to Congress not only
the infrastructure improvements that are needed at federal re-
search facilities, but also the estimated funding levels that are re-
quired to complete them.
15. Ocasio-Cortez (NY), Maloney, Carolyn (NY): Sets aside
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$50,000,000 of funds for updating postal facilities to increase acces-
sibility for disabled individuals, with a focus on facilities that are
included in the National Register of Historic Places.
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16. Ocasio-Cortez (NY): Repeals the Faircloth amendment which
prohibits the construction of new public housing.
17. Omar (MN): Requires the Office of Internet Connectivity and
Growth to conduct a study of the extent to which federal funds
have expanded access to and adoption of broadband internet serv-
ice by socially disadvantaged individuals.
18. Pressley (MA): Requires the Secretary of HUD to conduct a
study on the effect of criminal history or involvement with the
criminal legal system on access to private and assisted housing.
19. Ruiz (CA): Takes land into trust for the Agua Caliente Band
of Cahuilla Indians.
20. Ruiz (CA): Includes Indian Country and areas with high Na-
tive American populations in the priority areas for broadband ex-
pansion under the Universal Service Fund.
21. Rush (IL): Establishes a nationwide energy-related industries
workforce development program.
22. Soto (FL): Directs the Director of the United States Geologi-
cal Survey to establish a program to map zones that are at greater
risk of sinkhole formation.
23. Speier (CA): Amends the eligibility for the additional
broadband benefit for low-income consumers to include households
in which at least one member of the household has received a Fed-
eral Pell Grant in the most recent academic year.
24. Torres, Norma (CA): Triggers Treasury borrowing during re-
cessions when the real interest rate is zero or lower to support in-
frastructure investments.
25. Velázquez (NY): Revises the distribution of funds under the
Public Housing Capital Fund to ensure at least 50 percent of the
funding is distributed according to formula. Also ensures that
PHAs working in good faith effort to resolve urgent health and
safety concerns remain eligible for funding awards.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART G MADE IN ORDER
EN BLOC
1. Bost (IL): Precludes funding for programs under the Transpor-
tation Alternatives Program where lands are acquired through emi-
nent domain. Exceptions made for projects carried out under the
Safe Routes to Schools Program, those that necessary to assist the
disabled with daily needs under the Americans with Disabilities
Act.
2. Crawford (AR): Strikes full mega-project set-aside.
3. Fulcher (ID): Includes amended text of H.R. 2871, the Aquifer
Recharge Flexibility Act.
4. Graves, Garret (LA): Requires the Secretary to certify that the
actions in Sec. 82201 are more critical than the sustainability of
the region responsible for generating the revenue.
5. Hice (GA): Strikes $25 billion in unfunded vehicle purchases
for the United States Postal Service.
6. LaMalfa (CA), Brady (TX), Wright (TX), Perry (PA): Strikes
changes to credit risk premiums under 45 U.S.C. 822.
7. McKinley (WV), Cheney (WY), Gianforte (MT): Makes clari-
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fying changes to Section 401 of the Federal Water Pollution Control
Act to ensure appropriate compliance with applicable water quality
requirements.
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20
8. Stauber (MN): Eliminates duplicative 404 permitting require-
ments only if the state’s 404 permitting standard is equal or higher
than the federal governments.
SUMMARY OF THE AMENDMENTS TO H.R. 2 IN PART H MADE IN ORDER
1. Foxx (NC): Eliminates the requirement that all laborers and
mechanics working on federal-aid highway and public transpor-
tation projects shall be paid wages at rates not less than the locally
prevailing wage rate. (30 minutes)
2. Courtney (CT), Himes (CT), Hayes (CT), DeLauro (CT), Lar-
son, John (CT): Aligns state and federal truck weight limits for ag-
ricultural products in the State of Connecticut on interstate high-
ways. (10 minutes)
3. Tlaib (MI), Kildee (MI), Slotkin (MI), Cicilline (RI), Moore
(WI): Adds $4.5 billion per fiscal year for 5 years for comprehensive
lead service line replacement projects. Priority will be given to enti-
ties serving disadvantaged communities and environmental justice
communities (with significant representation of communities of
color, low-income communities, or Tribal and indigenous commu-
nities, that experience, or are at risk of experiencing, higher or
more adverse human health or environmental effects). (10 minutes)
PART A—TEXT OF AMENDMENT TO H.R. 2 CONSIDERED AS ADOPTED
Page 70, line 7, strike ‘‘(1) IN GENERAL.—’’ and run the text onto
line 6.
Page 70, strike lines 12 through 20.
Page 75, beginning on line 14, strike ‘‘subparagraph (A)’’ and in-
sert ‘‘paragraph (1)’’.
Page 75, beginning on line 18, strike ‘‘paragraph’’ and insert
‘‘subsection’’.
Page 101, line 8, insert a comma after ‘‘(D)’’.
Page 103, line 18, strike ‘‘and’’ at the end.
Page 103, line 21, strike period and the closing quotation marks.
Page 103, after line 21, insert the following:
‘‘(iv) from the amounts made available for a fiscal
year for the urbanized areas formula grants under sec-
tion 5307 of title 49, the amounts allocated for a fiscal
year for the passenger ferry grant program under sec-
tion 5307(h) of such title;
‘‘(v) from the amounts made available for a fiscal
year for the formula grants for rural areas under sec-
tion 5311 of such title, the amounts allocated for a fis-
cal year for public transportation on Indian reserva-
tions;
‘‘(vi) from the amounts made available for a fiscal
year for the public transportation innovation program
under section 5312 of such title—
‘‘(I) the amounts allocated for the zero emission
vehicle component assessment under section
5312(h) of such title; and
‘‘(II) the amounts allocated for the transit coop-
erative research program under section 5312(i) of
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such title;
‘‘(vii) from the amounts made available for a fiscal
year for the technical assistance and workforce devel-
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21
opment program of section 5314 of such title, the
amounts allocated for the national transit institute
under section 5314(c) of such title;
‘‘(viii) from the amounts made available for a fiscal
year for the bus and bus facilities program under sec-
tion 5339 of such title, the amounts allocated for a fis-
cal year for the zero emission grants under section
5339(c) of such title;
‘‘(ix) the amounts made available for growing States
under section 5340(c) of such title; and
‘‘(x) the amounts made available for high density
states under section 5340(d) of such title.’’;
(3) in subsection (d) by inserting ‘‘and section 5324 of title
49’’ after ‘‘section 125’’;
Page 103, line 22, strike ‘‘(3)’’ and insert ‘‘(4)’’.
Page 104, line 3, strike ‘‘(4)’’ and insert ‘‘(5)’’.
Page 121, strike lines 3 and 4 and insert the following:
‘‘(i) notification and justification of the deviation is
provided to the Secretary and the State; and
Page 121, line 13, strike ‘‘approve’’ and insert ‘‘consider’’.
Page 121, line 14, strike ‘‘project, multiple project, or’’.
Page 146, line 3, strike the opening bracket.
Page 146, line 4, strike ‘‘toll’’ and insert ‘‘HOV’’.
Page 146, line 6, strike ‘‘toll’’ and insert ‘‘HOV’’.
Page 146, line 7, strike the closing bracket.
Page 162, line 18, strike ‘‘travel’’ and insert ‘‘transportation’’.
Page 163, line 15, insert a comma after ‘‘features’’.
Page 163, line 16, strike the comma after ‘‘agencies’’.
Page 184, line 9, strike ‘‘PREDISASTER’’.
Page 184, line 12, strike ‘‘predisaster mitigation program’’ and
insert ‘‘hazard mitigation pilot program’’.
Page 184, strike lines 15 through page 186, line 8 and insert the
following:
‘‘(2) DISTRIBUTION OF FUNDS.—
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is au-
thorized to be appropriated such sums as may be nec-
essary for the pilot program established under this sub-
section.
‘‘(B) CALCULATION.—Every 6 months, the Secretary shall
calculate the total amount of outstanding eligible repair
costs under the emergency relief program under this sec-
tion, including the emergency relief backlog, for each
State, territory, Tribal government, or other eligible entity.
‘‘(C) DISTRIBUTION.—Any amounts made available under
this subsection shall be distributed to each State, territory,
Tribal government, or other eligible entity based on—
‘‘(i) the ratio of the total amount of outstanding eligi-
ble repair costs as described under subparagraph (B);
bears to
‘‘(ii) the total amounts appropriated for the purposes
described in this subsection.
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‘‘(D) LIMITATION.—The distribution described under sub-
paragraph (C) shall not exceed 5 percent of the amount de-
scribed in subparagraph (B).
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22
‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made available under
this subsection shall be used for protective features or other
hazard mitigation activities that—
‘‘(A) the Secretary determines are cost effective and that
reduce the risk of, or increase the resilience to, future
damage to existing assets as a result of natural disasters;
and
‘‘(B) are eligible under section 124.
Page 186, after line 20, insert the following:
‘‘(5) SUNSET.—The authority provided under this subsection
shall terminate on October 1, 2025.
Page 189, strike lines 8 through 11.
Page 206, strike lines 9 through 11.
Page 206, line 12, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 206, line 15, strike ‘‘(4)’’ and insert ‘‘(3)’’.
Page 206, line 19, strike ‘‘(5)’’ and insert ‘‘(4)’’.
Page 207, line 1, strike ‘‘(6)’’ and insert ‘‘(5)’’.
Page 207, line 9, strike ‘‘(7)’’ and insert ‘‘(6)’’.
Page 207, line 13, strike ‘‘(8)’’ and insert ‘‘(7)’’.
Page 251, strike lines 3 through 10.
Page 265, line 8, strike ‘‘the funds’’ and insert ‘‘any funds’’.
Page 306, line 17, strike ‘‘reducing’’ and insert ‘‘reduce’’.
Beginning on page 311, strike line 23 and all that follows
through page 312, line 6.
Page 333, beginning on line 9, strike ‘‘an urbanized area, as des-
ignated by the Bureau of the Census, with a population of not less
than 1,000,000’’ and insert ‘‘a combined statistical area, as defined
by the Office of Management and Budget, with a population of not
less than 1,300,000’’.
Page 363, line 11, strike ‘‘MPOS’’ and insert ‘‘MPOS’’.
Page 363, line 12, strike ‘‘METROPOLITAN’’ and insert ‘‘METRO-
POLITAN’’.
Page 381, strike lines 1 through 3 and insert the following:
(A) by striking ‘‘PERFORMANCE TARGET ACHIEVEMENT’’ in
the heading and inserting ‘‘PERFORMANCE MANAGEMENT’’;
Page 384, strike lines 6 through 8 and insert the following:
(1) by striking ‘‘PERFORMANCE TARGET ACHIEVEMENT’’ in the
heading and inserting ‘‘PERFORMANCE MANAGEMENT’’;
Page 385, after line 23, insert the following new subparagraph
(and redesignate subsequent subparagraphs accordingly):
(C) the Bureau of Transportation Statistics;
Page 399, line 12, strike ‘‘or section,’’ and insert a comma.
Page 458, line 2, strike ‘‘modification’’ and insert ‘‘moderniza-
tion’’.
Page 467, strike lines 6 through 18 and insert the following:
SEC. 1612. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING
FLEXIBILITY.
(a) IN GENERAL.—Any funds made available to a State for the
Appalachian development highway system program under subtitle
IV of title 40, United States Code, before the date of enactment of
this Act may be used, at the request of such State to the Secretary
of Transportation, for the purposes described in section 133(b) of
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title 23, United States Code.
(b) LIMITATION.—The authority in subsection (a) may only be
used by an Appalachian development highway system State if all
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23
of the Appalachian development highway system corridors author-
ized by subtitle IV of title 40, United States Code, in such State,
have been fully completed and are open to traffic prior to the State
making a request to the Secretary as described in subsection (a).
Page 490, line 3, insert a comma after ‘‘natural gas’’.
Page 490, line 4, insert a comma after ‘‘battery power’’.
Page 492, strike line 20 and all that follows through line 2 on
page 493.
Page 493, line 3, strike ‘‘1627’’ and insert ‘‘1626’’.
Page 493, line 23, strike ‘‘intersection’’ and insert ‘‘intersections’’.
Page 494, line 7, strike ‘‘1628’’ and insert ‘‘1627’’.
Page 494, beginning on line 21, strike section 1629 of division B
of the bill and insert such section at the end of title I of division
E of the bill.
Page 496, beginning on line 18, strike section 1630 of division B
of the bill and insert such section at the end of title I of division
E of the bill.
Page 499, line 7, strike ‘‘1631’’ and insert ‘‘1628’’.
Page 499, after line 22, insert the following:
SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended
by striking ‘‘2016 through 2020’’ and inserting ‘‘2022 through
2025’’.
Page 499, after line 22, insert the following:
SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR.
It is the policy of the United States that funds authorized or
made available by this Act, or the amendments made by this Act,
should not be used to purchase products produced whole or in part
through the use of child labor, as such term is defined in Article
3 of the International Labor Organization Convention concerning
the prohibition and immediate action for the elimination of the
worst forms of child labor (December 2, 2000), or in violation of
human rights.
Page 510, line 23, strike the closing quotation marks and the sec-
ond period and insert the following:
‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR STATE-OWNED
ENTERPRISES.—
‘‘(1) IN GENERAL.—Funds provided under this section may
not be used in awarding a contract, subcontract, grant, or loan
to an entity that is owned or controlled by, is a subsidiary of,
or is otherwise related legally or financially to a corporation
based in a country that—
‘‘(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this Act;
‘‘(B) was identified by the United States Trade Rep-
resentative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority
foreign country under subsection (a)(2) of that section; and
‘‘(C) is subject to monitoring by the Trade Representa-
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tive under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
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24
‘‘(2) EXCEPTION.—For purposes of paragraph (1), the term
‘otherwise related legally or financially’ does not include a mi-
nority relationship or investment.
‘‘(3) INTERNATIONAL AGREEMENTS.—This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.’’.
Page 519, line 24, strike ‘‘request.’’ and insert ‘‘request and, if a
recipient of assistance under this chapter denies access to a private
intercity or charter transportation operator based on the reason-
able access standards, provide, in writing, the reasons for the de-
nial.’’.
Page 530, line 20, strike ‘‘travel’’ and insert ‘‘transportation’’.
Page 532, strike line 24 and all that follows through page 533,
line 3.
Page 533, line 4, strike ‘‘(B)’’ and insert ‘‘(A)’’.
Page 533, line 7, strike ‘‘(C)’’ and insert ‘‘(B)’’.
Page 533, line 10, strike ‘‘(D)’’ and insert ‘‘(C)’’.
Page 533, line 12, strike ‘‘(E)’’ and insert ‘‘(D)’’.
Page 534, line 3, strike ‘‘(F)’’ and insert ‘‘(E)’’.
Page 534, beginning on line 17, strike ‘‘World Wide Web’’ and in-
sert ‘‘internet’’.
Page 538, beginning on line 20, strike ‘‘and related requirements
under this section and section 135 of title 23’’.
Page 541, line 22, strike ‘‘150(c)’’ and insert ‘‘150(d)’’.
Page 549, strike line 17 and all that follows through line 22 on
page 553.
Page 553, line 23, strike ‘‘2112’’ and insert ‘‘2111’’.
Page 563, line 6, strike ‘‘80’’ and insert ‘‘70’’.
Page 563, beginning on line 9, strike ‘‘be reduced by 25 percent
if the recipient uses a third-party contract for a mobility on de-
mand service’’ and insert ‘‘not exceed 90 percent for mobility on de-
mand service operated exclusively by personnel employed by the re-
cipient’’.
Page 563, beginning on line 14, strike ‘‘be reduced by 25 percent’’
and insert ‘‘not exceed 90 percent’’.
Page 563, line 16, insert ‘‘zero’’ before ‘‘carbon’’.
Page 564, line 1, strike ‘‘substantial’’ and insert ‘‘meaningful’’.
Page 564, line 22, strike ‘‘and’’ and insert ‘‘or’’.
Page 566, line 3, strike ‘‘for purposes of’’ and insert ‘‘that oper-
ates under an exemption from testing requirements under’’.
Page 566, line 13, strike ‘‘paragraph (2)’’ and insert ‘‘paragraphs
(2) and (3)’’.
Page 566, line 19, insert ‘‘unless the Secretary determines that
such a waiver does not affect employment opportunities’’ before the
semicolon.
Page 570, beginning on line 21, strike ‘‘are being carried out in
compliance with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).’’ and insert ‘‘are—’’.
Page 570, after line 23, insert the following:
‘‘(1) being carried out in compliance with the Americans with
Disabilities Act of 1990 22(42 U.S.C. 12101 et seq.); or
‘‘(2) projects eligible under section 5310 that exceed the re-
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quirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).’’.
Page 595, line 24, strike ‘‘5232(j)’’ and insert ‘‘5323(j)’’.
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25
Page 611, strike lines 10 through 12 and insert the following:
(6) in paragraph (8) by striking ‘‘3 fiscal years’’ and inserting
‘‘4 fiscal years’’ and by striking ‘‘3-fiscal-year period’’ and in-
serting ‘‘4-fiscal-year period’’; and
Page 616, line 21, insert ‘‘and’’ at the end.
Page 618, line 1, strike ‘‘(6)’’ and insert ‘‘(7)’’.
Page 618, line 5, strike ‘‘; and’’ at the end and insert a period.
Page 618, strike lines 6 through 15.
Page 618, line 19, strike ‘‘(8)’’ and insert ‘‘(9)’’.
Page 630, line 10, strike ‘‘ladder’’ and insert ‘‘pathway’’.
Page 630, line 12, insert ‘‘registered’’ before ‘‘apprenticeships’’.
Page 631, line 9, insert ‘‘, skills, competencies, and recognized
postsecondary credentials’’ after ‘‘standards’’.
Page 631, beginning on line 13, strike ‘‘national systems of quali-
fication and apprenticeship’’ and insert ‘‘recommendations and best
practices for curriculum and recognized postsecondary credentials,
including related instruction and on-the-job learning for registered
apprenticeship programs’’.
Page 631, line 20, insert ‘‘, competencies, and recognized postsec-
ondary credentials’’ after ‘‘skills’’.
Page 632, line 8, insert ‘‘and competencies’’ after ‘‘skills’’.
Page 633, beginning on line 4, strike ‘‘partnerships’’ and insert
‘‘programs’’.
Page 633, line 13, insert ‘‘, the Bureau of Labor Statistics, the
Employment and Training Administration,’’ after ‘‘Administration’’.
Page 634, line 12, insert ‘‘the Employment and Training Admin-
istration, including’’ before ‘‘the National’’.
Page 635, line 7, strike the closing quotation marks and semi-
colon and insert the following:
‘‘(iii) LIMITATION.—Any funds made available under
this section that are used to fund an apprenticeship or
apprenticeship program shall only be used for, or pro-
vided to, a registered apprenticeship program, includ-
ing any funds awarded for the purposes of grants, con-
tracts, or cooperative agreements, or the development,
implementation, or administration, of an apprentice-
ship or an apprenticeship program.
‘‘(E) DEFINITIONS.—In this paragraph:
‘‘(i) CAREER PATHWAY.—The term ‘career pathway’
has the meaning given such term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
‘‘(ii) RECOGNIZED POSTSECONDARY CREDENTIAL.—The
term ‘recognized postsecondary credential’ has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
‘‘(iii) REGISTERED APPRENTICESHIP PROGRAM.—The
term ‘registered apprenticeship program’ means an ap-
prenticeship program registered with the Department
of Labor or a Federally-recognized State Apprentice-
ship Agency and that complies with the requirements
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under parts 29 and 30 of title 29, Code of Federal Reg-
ulations, as in effect on January 1, 2019.’’;
Page 635, line 24, strike the period and insert a semicolon.
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26
Page 638, line 25, strike ‘‘duplicate, eliminate,’’ and insert ‘‘elimi-
nate’’.
Page 639, line 11, insert ‘‘5307, 5310, 5311, 5312, or’’ after ‘‘sec-
tion’’.
Page 640, line 7, insert ‘‘conventional’’ before ‘‘modes’’.
Page 640, line 14, insert ‘‘conventional’’ before ‘‘modes’’.
Page 641, beginning on line 19, strike ‘‘issuing’’ and all that fol-
lows through ‘‘such a vehicle’’ and insert ‘‘signing a contract for
such service or procurement. A recipient shall provide employees
copies of a request for a proposal related to an automated vehicle
providing public transportation or mobility on demand services at
the time such request is issued.’’.
Page 643, after line 6, insert the following:
(e) SAVINGS CLAUSE.—Nothing in this section shall prohibit the
use of funds for an eligible activity or pilot project of a covered re-
cipient authorized under current law prior to the date of enactment
of this Act.
Page 650, strike lines 3 through 5 and insert the following:
‘‘(h) AWARD BASIS.—In awarding grants’’.
Page 650, line 8, strike ‘‘(A)’’ and insert ‘‘(1)’’ and move lines 8
through 19 2 ems to the left.
Page 650, line 16, strike ‘‘))’’ and insert ‘‘)))’’.
Page 650, line 20, strike ‘‘(B)’’ and insert ‘‘(2)’’ and move lines 20
through 23 2 ems to the left.
Page 677, line 8, strike ‘‘concurred’’ and insert ‘‘consulted’’.
Page 696, line 11, insert ‘‘and State’’ after ‘‘Federal’’.
Page 697, line 2, insert ‘‘, in coordination with project partners,’’
after ‘‘project’’.
Page 697, line 5, strike ‘‘reduced’’ and insert ‘‘changes to’’.
Page 697, strike line 7.
Page 697, line 8, strike ‘‘reduced healthcare expenditures’’ and
insert ‘‘changes to healthcare expenditures provided by projects
partners’’.
Page 697, line 9, strike the period and insert ‘‘; and’’.
Page 697, after line 9, insert the following:
‘‘(iii) changes to health care metrics, including ag-
gregate health outcomes provided by projects partners.
Page 697, line 18, strike ‘‘integrate’’ and insert ‘‘coordinate’’.
Page 698, after line 8, insert the following:
‘‘(E) CONSULTATION.—In evaluating the performance
metrics described in subparagraph (C), the Secretary shall
consult with the Secretary of Health and Human Services.
Page 699, line 11, insert ‘‘, as described in paragraph (1)(B)(ii),’’
after ‘‘partners’’.
Page 700, line 4, insert ‘‘and State’’ after ‘‘Federal’’.
Page 700, line 17, insert ‘‘preventing hospital admissions and’’
before ‘‘reducing’’.
Page 700, line 21, insert ‘‘, in consultation with the Secretary of
Health and Human Services’’ before the period.
Page 701, after line 9, insert the following:
‘‘(I) CONSULTATION.—In evaluating the health care
metrics described in subparagraph (F), the Secretary shall
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consult with the Secretary of Health and Human Services.
‘‘(J) ANNUAL GRANTEE REPORT.—Each grantee shall sub-
mit a report, in coordination with the project partners of
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27
such grantee, that includes an evaluation of the outcomes
of the grant awarded to such grantee, including the per-
formance measures.
Page 701, line 18, insert ‘‘in consultation with the Secretary of
Health and Human Services’’ before the period.
Page 747, line 12, strike ‘‘electronic’’ and insert ‘‘digital’’.
Page 747, line 17, strike ‘‘electronic’’ and insert ‘‘digital’’.
Page 753, after line 16, insert the following:
SEC. 3014. REPORT ON MARIJUANA RESEARCH.
(a) IN GENERAL.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary of Transportation, in consultation
with the Attorney General and the Secretary of Health and Human
Services, shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make
publicly available on the Department of Transportation website, a
report and recommendations on—
(1) increasing and improving access, for scientific researchers
studying impairment while driving under the influence of
marijuana, to samples and strains of marijuana and products
containing marijuana lawfully being offered to patients or con-
sumers in a State on a retail basis;
(2) establishing a national clearinghouse to collect and dis-
tribute samples and strains of marijuana for scientific research
that includes marijuana and products containing marijuana
lawfully available to patients or consumers in a State on a re-
tail basis;
(3) facilitating access, for scientific researchers located in
States that have not legalized marijuana for medical or rec-
reational use, to samples and strains of marijuana and prod-
ucts containing marijuana from such clearinghouse for pur-
poses of research on marijuana-impaired driving; and
(4) identifying Federal statutory and regulatory barriers to
the conduct of scientific research and the establishment of a
national clearinghouse for purposes of facilitating research on
marijuana-impaired driving.
(b) DEFINITION OF MARIJUANA.—In this section, the term ‘‘mari-
juana’’ has the meaning given such term in section 4008 of the
FAST Act (Public Law 114–94).
Page 757, line 20, strike ‘‘both’’.
Page 757, line 21, strike ‘‘and’’ and insert ‘‘or’’.
Page 757, line 24, strike ‘‘and’’ and insert ‘‘or’’.
Page 758, strike lines 1 through 8 and insert the following:
‘‘(B) in which a State fails to report to the Administrator
of the Federal Motor Carrier Safety Administration, dur-
ing the previous fiscal year, the average number of days of
delays for an initial commercial driver’s license skills test
or retest within the State.’’.
Page 819, line 11, insert ‘‘energy efficient’’ before ‘‘truck’’.
Page 819, line 14, insert ‘‘and does not result in increased cargo
capacity in weight or volume’’ after ‘‘vehicle’’.
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Page 829, line 5, insert ‘‘and use’’ after ‘‘construction’’.
Page 837, line 10, strike ‘‘6503(e)’’ and insert ‘‘6503(c)’’.
Page 872, after line 24, insert the following:
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28
SEC. 5110. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
(a) IN GENERAL.—Subchapter 1 of chapter 55 of title 49, United
States Code, as amended, is further amended by adding at the end
the following:
‘‘SEC. 5509. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
‘‘(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this section, the Secretary shall enter into an agreement
with the National Academies to undertake a study of the research
needs of the surface transportation system to fully adapt and inte-
grate advanced technologies and innovation. The focus areas of the
study shall include—
‘‘(1) connected and autonomous technologies;
‘‘(2) incorporating safety-related technologies;
‘‘(3) addressing infrastructure resiliency;
‘‘(4) multimodal connectivity;
‘‘(5) data gathering of travel behavior, including the public’s
short and long-term responses to transformational tech-
nologies;
‘‘(6) impacts of private-sector transportation product develop-
ment on society and the traditional research enterprise;
‘‘(7) support for a public-sector culture of transportation inno-
vation and acceleration of federally funded research into prac-
tice, codes, and standards; and
‘‘(8) fostering development of transportation educators and
transportation professionals.
‘‘(b) REPORT.—The agreement entered into under this section
shall require the National Academies to submit to Congress a re-
port containing the results of the study not later than 2 years after
the date of enactment of this section.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $1,500,000 for fiscal year
2022.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at the
end the following:
‘‘5509. Strategic transportation research agenda.’’.
SEC. 5111. ADVANCED TRANSPORTATION RESEARCH AND INNOVA-
TION PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 55 of title 49, United
States Code, as amended, is further amended by adding at the end
the following:
‘‘§ 5510. Advanced transportation research and innovation
program.
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall es-
tablish an advanced transportation research and innovation pro-
gram, to be administered by the Assistant Secretary of Research
and Technology, to—
‘‘(1) support research that addresses the long-term barriers
to development of advanced transportation technologies with
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the potential to meet the Nation’s long-term safety, competi-
tiveness, and transportation goals;
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29
‘‘(2) support high-risk research and development to accel-
erate transformational transportation innovations and emerg-
ing technology development;
‘‘(3) advance research and development that improves the re-
silience of regions of the United States to natural disasters, ex-
treme weather, and the effects of climate change on modal and
multimodal transportation and infrastructure;
‘‘(4) leverage Federal interagency research mechanisms and
the academic research enterprise;
‘‘(5) educate and train students in science, technology, engi-
neering, and mathematics fields to conduct research and stand-
ards development relevant to transportation technologies, ma-
terials, systems, operations, processes, and policies; and
‘‘(6) fostering collaboration among federal researchers and
academic researchers.
‘‘(b) COLLABORATION.—
‘‘(1) INTERAGENCY COLLABORATION.—In carrying out this sec-
tion, the Secretary shall collaborate on, identify, and dissemi-
nate within the Department, as appropriate, advanced trans-
portation research, development, and other activities of other
Federal agencies, including the Office of Science and Tech-
nology Policy, the National Science Foundation, the Depart-
ment of Energy, the National Institute of Standards and Tech-
nology, the Department of Homeland Security, the National
Aeronautics and Space Administration, the National Oceanic
and Atmospheric Administration, and the Department of De-
fense to ensure the Department’s research investments are
making the best possible contribution to the Nation’s goals of
public health and safety, economic prosperity, national secu-
rity, environmental quality, and a diverse transportation work-
force.
‘‘(2) NON-GOVERNMENTAL COLLABORATION.—In carrying out
this section, the Secretary shall collaborate with labor organi-
zations, as appropriate.
‘‘(c) RESEARCH GRANTS.—In carrying out this section, the Sec-
retary may carry out the activities described under subsection (a)
through—
‘‘(1) competitive, merit-based basic research grants to indi-
vidual investigators and teams of investigators; and
‘‘(2) centers of excellence selected through a competitive,
merit-based process.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—An investigator, team of investigators, or
an institution of higher education (or consortium thereof) seek-
ing funding under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(2) RESEARCH CENTERS.—Each application under paragraph
(1) from an institution of higher education (or consortium
thereof) shall include a description of how the Center will pro-
mote multidisciplinary transportation research and develop-
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ment collaboration.
‘‘(e) RESEARCH.—At a minimum, the Secretary shall award 75
percent of awards under this program to projects for basic research.
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30
‘‘(f) REVIEW.—Not later than September 30, 2025, the Secretary
shall enter into an agreement with the National Academies to con-
duct a review of the research and activities carried out under this
program and assess whether such activities are consistent with
subsection (a). Members of the review panel shall represent, at a
minimum, multimodal surface transportation researchers and prac-
titioners.
‘‘(g) REPORT.—Not later than 1 year after the date of enactment
of the INVEST in America Act, and biennially thereafter, the Sec-
retary shall provide to the Committee on Commerce, Science, and
Transportation and Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of Rep-
resentatives a report on implementation of the program under this
section and research areas that the program will support.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $25,000,000 for each of fis-
cal years 2022 through 2025.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at the
end the following:
‘‘5510. Advanced transportation research and innovation program.’’.
Page 904, line 14, strike ‘‘ladder’’ and insert ‘‘pathway’’.
Page 915, after line 21, insert the following:
SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PRO-
GRAM.
(a) IN GENERAL.—Subchapter 1 of chapter 55 of title 49, United
States Code is amended by adding at the end the following:
‘‘SEC. 5511. MULTIMODAL TRANSPORTATION DEMONSTRATION PRO-
GRAM.
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation may es-
tablish a pilot program for the demonstration of advanced transpor-
tation technologies for surface transportation modes in small- and
mid-sized communities by providing grants to entities to achieve
the purposes of the national transportation research and develop-
ment program described in section 6503.
‘‘(b) ELIGIBLE ACTIVITIES.—Activities eligible for funding under
this section include data interoperability, mobility-on-demand, and
micro-mobility projects to demonstrate first-mile transportation,
last-mile transportation, and any other activity as determined ap-
propriate by the Secretary.
‘‘(c) JOINT INTERAGENCY FUNDING.—If determined appropriate by
the Secretary, joint interagency funding for projects is authorized
to support multimodal projects.
‘‘(d) ELIGIBILITY.—Entities eligible to receive grants under this
program include local transportation organizations and transit
agencies serving a population of not more than 200,000 individuals,
including communities of economic hardship and communities that
experience transportation equity and accessibility issues.
‘‘(e) APPLICATION.—
‘‘(1) IN GENERAL.—An entity seeking funding under this sec-
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tion shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Sec-
retary may require.
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31
‘‘(2) COLLABORATION.—Each application submitted under this
section shall describe how the applying entity will collaborate,
as appropriate, with institutions of higher education, State and
local governments, regional transportation organizations, non-
profit organizations, labor organizations, and private sector en-
tities.
‘‘(f) AUTHORIZATION.—There is authorized to be appropriated to
carry out activities under this section $30,000,000 for each of fiscal
years 2022 through 2025.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at the
end the following:
‘‘5511. Multimodal transportation demonstration program.’’.
SEC. 5311. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) ESTABLISHMENT.—Not later than 1 year after the date of en-
actment of this Act, the Secretary of Transportation shall establish
a repository for motor carriers, shippers, technology companies, and
other entities to submit information to the Secretary on testing,
demonstrations, or commercial operations of an automated com-
mercial motor vehicle on public roads.
(b) INFORMATION REQUIRED.—
(1) SUBMISSIONS.—Prior to the performance of any tests,
demonstrations, or commercial operations of automated com-
mercial motor vehicles on public roads, the Secretary shall re-
quire an entity performing such tests, demonstrations, or com-
mercial operations to provide the following information:
(A) The name of the entity responsible for the operation
of the automated commercial motor vehicles to be used in
the test, demonstration, or commercial operation.
(B) The make and model of such vehicle or vehicles.
(C) The level of automation of such vehicle or vehicles,
according to the standards described in subsection (e)(1).
(D) The expected weight of such vehicle during the test,
demonstration, or operation.
(E) The Department of Transportation number or oper-
ating authority assigned to the entity described in sub-
paragraph (A), if applicable.
(F) The location of the testing, demonstration, or com-
mercial operation, including the anticipated route of such
vehicle, planned stops, and total anticipated miles trav-
eled.
(G) Any cargo or passengers to be transported in such
vehicle or vehicles, including whether the entity is trans-
porting such cargo or passengers under contract with an-
other entity.
(H) Documentation of training or certifications provided
to any drivers, monitors, or others involved in the oper-
ation or control of the vehicle.
(I) Any fatigue management plans or work hour limita-
tions applicable to drivers or monitors.
(J) Notices provided to local law enforcement, State de-
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partments of transportation, and related entities, if appli-
cable.
(K) Proof of insurance coverage.
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32
(2) UPDATES.—If an entity responsible for the operation of an
automated commercial motor vehicle submits incomplete or in-
accurate information pursuant to subsection (d), the entity
shall be given an opportunity to amend or correct the submis-
sion within a reasonable timeframe.
(3) NOTIFICATION.—Upon submission of the information
under paragraph (1), the Secretary shall provide written notifi-
cation acknowledging receipt of the information and acknowl-
edging that the submitting entity will perform tests, dem-
onstrations, or commercial operations on public roads, as appli-
cable.
(c) PUBLIC AVAILABILITY OF INFORMATION.—
(1) IN GENERAL.—The Secretary shall make available infor-
mation on the prevalence of, characteristics of, and geographic
location of testing, demonstration, and commercial operations
of automated commercial motor vehicles on a publicly acces-
sible website of the Department of Transportation.
(2) PROTECTION OF INFORMATION.—Any data collected under
subsection (b) and made publicly available pursuant to this
subsection shall be made available in a manner that—
(A) precludes the connection of the data to any indi-
vidual motor carrier, shipper, company, or other entity
submitting data; and
(B) protects the privacy and confidentiality of individ-
uals, operators, and entities submitting the data.
(d) CRASH DATA.—
(1) IN GENERAL.—Not later than 1 year after the date of en-
actment of this Act, the Secretary shall require entities to sub-
mit information regarding safety incidents which occur during
the testing, demonstration, or commercial operation of an auto-
mated commercial motor vehicle on public roads, including—
(A) injuries and fatalities involving the automated com-
mercial motor vehicle;
(B) collisions or damage to persons or property as a re-
sult of an automated commercial motor vehicle test, dem-
onstration, or commercial operation;
(C) any malfunction or issue with a safety critical ele-
ment of an automated commercial motor vehicle which
compromises the safety of the automated commercial
motor vehicle or other road users; and
(D) the mode of transportation used by any road users
involved in a safety critical incident, including general
road users as defined under section 5304 of this Act.
(2) DATA AVAILABILITY.—The Secretary shall ensure that any
entity described under this section that has a Department of
Transportation number or operating authority from the Fed-
eral Motor Carrier Safety Administration—
(A) shall be subject to safety monitoring and oversight
under the Compliance, Safety, and Accountability program
of the Federal Motor Carrier Safety Administration; and
(B) shall be included when the Secretary restores the
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public availability of relevant safety data under such pro-
gram under section 4202(b) of this Act.
(e) DEFINITIONS.—In this section:
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33
(1) AUTOMATED COMMERCIAL MOTOR VEHICLE.—The term
‘‘automated commercial motor vehicle’’ means a commercial
motor vehicle as such term is defined in section 31101 of title
49, United States Code, that is designed to be operated exclu-
sively by a Level 3, Level 4, or Level 5 automated driving sys-
tem for all trips according to the recommended practice stand-
ards published on June 15, 2018, by the Society of Automotive
Engineers International (J3016_201806) or equivalent stand-
ards adopted by the Secretary with respect to automated motor
vehicles, while operating on public roads.
(2) SAFETY CRITICAL ELEMENT.—The term ‘‘safety critical ele-
ment’’ means both the hardware and software designed to pre-
vent, limit, control, mitigate, or respond to a change in the ve-
hicle’s environment thereby allowing the vehicle to prevent,
avoid, or minimize a potential collision or other safety incident
on an automated commercial motor vehicle.
Page 919, line 3, strike ‘‘$17,5000,000’’ and insert ‘‘$17,500,000’’.
Page 926, line 18, strike ‘‘(g)’’ and insert ‘‘(h)’’.
Page 933, line 11, strike ‘‘subtitle III’’ and insert ‘‘subchapter I’’.
Beginning on page 933, strike line 14 and all that follows
through page 934, line 19.
Page 934, after line 19, insert the following:
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended—
(1) in subsection (a), by striking ‘‘The Director’’ and all that
follows to the period and inserting ‘‘Notwithstanding section
418 of the FAA Reauthorization Act of 2018 (Public Law 115–
254), not later than 6 months after the date of enactment of
the INVEST in America Act, the Director shall establish and
consult with an advisory council on transportation statistics.’’;
and
(2) by striking subsection (d)(3).
Page 960, strike line 10 and all that follows through page 961,
line 6 and insert the following:
(g) RULEMAKINGS.—
(1) IN GENERAL.—Any regulation authorizing the transpor-
tation of liquefied natural gas by rail tank car issued before
the date of enactment of this Act shall be stayed until the Sec-
retary conducts the evaluation, testing, and analysis required
in subsections (a), (b), and (c), issues the report required by
subsection (d), and the Comptroller General completes the
evaluation and report required under subsection (f).
(2) PERMIT OR APPROVAL.—The Secretary of Transportation
shall rescind any special permit or approval for the transpor-
tation of liquefied natural gas by rail tank car issued before
the date of enactment of this Act.
Page 969, after line 25, insert the following:
(o) LIMITATION ON FINANCIAL ASSISTANCE FOR STATE-OWNED EN-
TERPRISES.—
(1) IN GENERAL.—Funds provided under this section and the
amendments made by this section may not be used in award-
ing a contract, subcontract, grant, or loan to an entity that is
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owned or controlled by, is a subsidiary of, or is otherwise re-
lated legally or financially to a corporation based in a country
that—
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34
(A) is identified as a nonmarket economy country (as de-
fined in section 771(18) of the Tariff Act of 1930 (19 U.S.C.
1677(18))) as of the date of enactment of this Act;
(B) was identified by the United States Trade Represent-
ative in the most recent report required by section 182 of
the Trade Act of 1974 (19 U.S.C. 2242) as a priority for-
eign country under subsection (a)(2) of that section; and
(C) is subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
(2) EXCEPTION.—For purposes of paragraph (1), the term
‘‘otherwise related legally or financially’’ does not include a mi-
nority relationship or investment.
(3) INTERNATIONAL AGREEMENTS.—This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
Page 978, line 16, strike ‘‘related’’ and insert ‘‘relating’’.
Page 980, strike lines 3 and 4 and insert the following:
(3) in subsection (e)—
(A) by striking paragraph (1) and inserting the following:
Page 980, line 24, insert ‘‘and’’ after the semicolon.
Page 980, after line 24, insert the following:
(B) in paragraph (3) by striking ‘‘paragraph (1)(B)’’ and
inserting ‘‘paragraph (1)(A)’’;
Page 981, line 4, strike ‘‘subsections (k), (l), (m), and (n)’’ and in-
sert ‘‘subsections (l), (m), (n), and (o)’’.
Page 983, line 17, insert closing quotation marks and a period at
the end.
Page 995, strike line 24 and all that follows through page 996,
line 8, and insert the following:
(b) TIMING OF NEW BOARD REQUIREMENTS.—
(1) IN GENERAL.—The appointment and membership require-
ments under section 24302 of title 49, United States Code (as
amended by this Act), shall apply to any member of the Board
appointed pursuant to subsection (a)(1)(C) of such section who
is appointed on or after the date of enactment of this Act.
(2) REAPPOINTMENT.—Any member described under para-
graph (1) who is serving on such Board as of the date of enact-
ment of this Act may be reappointed on or after such date of
enactment, subject to the advice and consent of the Senate, if
such member meets the requirements of such section.
(3) TERMINATION OF TERM.—The term of any member de-
scribed under paragraph (1) who is serving on such Board as
of the date of enactment of this Act who is not reappointed
under paragraph (2) before the date that is 60 days after the
date of enactment of this Act, shall cease on such date.
Page 1017, line 6, strike ‘‘related’’ and insert ‘‘relating’’.
Page 1028, line 13, insert ‘‘the first place it appears’’ before the
semicolon.
Page 1029, line 6, strike ‘‘24324’’ and insert ‘‘24325’’.
Page 1030, line 3, insert closing quotation marks and a period
after ‘‘necessary’’.
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Page 1030, in the material proposed to be inserted in the anal-
ysis for chapter 243 of title 49, United States Code, after line 6,
strike ‘‘24324’’ and insert ‘‘24325’’.
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35
Page 1031, line 7, strike ‘‘24325’’ and insert ‘‘24326’’.
Page 1032, in the material proposed to be inserted in the anal-
ysis for chapter 243 of title 49, United States Code, after line 6,
strike ‘‘24325’’ and insert ‘‘24326’’.
Page 1039, line 1, strike ‘‘subsections (d) and (e)’’ and insert ‘‘sub-
section (d)’’.
Page 1039, line 16, strike ‘‘(1) CONTENTS.—’’ and run the text
onto line 15.
Page 1040, line 1, strike ‘‘(A)’’ and insert ‘‘(1)’’ and move the text
2 ems to the left.
Page 1040, line 4, strike ‘‘(B)’’ and insert ‘‘(2)’’ and move the text
2 ems to the left.
Page 1040, line 5, strike ‘‘(i)’’ and insert ‘‘(A)’’ and move the text
2 ems to the left.
Page 1040, line 7, strike ‘‘(ii)’’ and insert ‘‘(B)’’ and move the text
2 ems to the left.
Page 1040, line 8, strike ‘‘(iii)’’ and insert ‘‘(C)’’ and move the text
2 ems to the left.
Page 1040, line 12, strike ‘‘(iv)’’ and insert ‘‘(D)’’ and move the
text 2 ems to the left.
Page 1042, line 24, strike ‘‘State’’ and insert ‘‘States’’.
Page 1068, line 23, strike ‘‘DB–60 air brake control valve’’ and
insert ‘‘air brake control valve (defined in this section as an air
brake control valve that was subject to the circular letter issued by
the Association of American Railroads issued on October 25, 2013
(C–12027))’’.
Page 1072, line 8, strike ‘‘subparagraph’’ and insert ‘‘paragraph’’.
Page 1103, after line 5, insert the following:
SEC. 10105. MINORITY AND DISADVANTAGED BUSINESS SIZE STAND-
ARDS.
Section 47113(a)(1) of title 49, United States Code, is amended
to read as follows:
‘‘(1) ‘small business concern’ has the meaning given the term
in section 3 of the Small Business Act (15 U.S.C. 632);’’.
Page 1116, line 24, strike ‘‘less’’ and insert ‘‘more’’.
Page 1188, after line 18, insert the following:
‘‘(7) REQUIREMENTS.—For fiscal year 2020 and each fiscal
year thereafter, the requirements of subchapter IV of chapter
31 of title 40, United States Code, shall apply to the construc-
tion of projects carried out in whole or in part with assistance
made available by an entity loan fund authorized by this sec-
tion.
Page 1203, strike lines 12 through 25 and insert the following:
‘‘(B) REQUIREMENT.—The Secretary shall require recipi-
ents of assistance under this subsection (d) to comply with
section 113(a) of title 23 with respect to all construction,
alteration, installation, or repair work, in the same man-
ner that recipients of assistance under chapter 1 of such
title are required to comply with such section for construc-
tion work performed on highway projects on Federal-aid
highways. With regard to the construction, alteration, or
repair of vessels, the same requirements of such section
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shall apply regardless of whether the location of contract
performance is known when bids for such work are solic-
ited.
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36
Page 1204, line 20, strike ‘‘80’’ and insert ‘‘70’’.
Page 1206, strike line 7 and all that follows through page 1207,
line 2.
Page 1207, line 3, strike ‘‘(8)’’ and insert ‘‘(7)’’.
Page 1208, strike lines 11 through 15.
Page 1208, line 16, strike ‘‘(v)’’ and insert ‘‘(iv)’’.
Page 1208, line 18, insert ‘‘Department of Labor approved or’’ be-
fore ‘‘State-approved’’.
Page 1208, line 20, strike ‘‘(9)’’ and insert ‘‘(8)’’.
Page 1209, line 22, strike ‘‘(10)’’ and insert ‘‘(9)’’.
Page 1211, line 11, strike ‘‘(11)’’ and insert ‘‘(10)’’.
Page 1212, line 19, strike ‘‘(12)’’ and insert ‘‘(11)’’.
Page 1217, strike lines 11 through 20 and insert the following:
‘‘(L) APPRENTICESHIP PROGRAM.—The term ‘apprentice-
ship program’ means an apprenticeship program registered
under the Act of August 16, 1937 (commonly known as the
‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.), including any requirement, standard,
or rule promulgated under such Act, as such requirement,
standard, or rule was in effect on December 30, 2019.
Page 1217, line 21, strike ‘‘(N)’’ and insert ‘‘(M)’’.
Page 1218, line 1, strike ‘‘(O)’’ and insert ‘‘(N)’’.
Page 1218, line 6, strike ‘‘(P)’’ and insert ‘‘(O)’’.
Page 1229, strike line 20 and all that follows through page 1230,
line 3, and insert the following (and redesignate succeeding sub-
paragraphs accordingly):
(B) The Telecommunications Infrastructure Loans and
Loan Guarantees, the Rural Broadband Access Loans and
Loan Guarantees, the Substantially Underserved Trust
Areas Provisions, the Community Connect Grant Program,
and the Distance Learning and Telemedicine Grant Pro-
gram of the Rural Utilities Service of the Department of
Agriculture.
Page 1305, line 22, strike ‘‘Not’’ and insert ‘‘Notwithstanding sec-
tion 11(x)(2)(C)(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(x)(2)(C)(i)), not’’.
Page 1305, line 25, insert ‘‘, to the maximum extent practicable,’’
before ‘‘between’’.
Page 1329, strike line 8 and all that follows through page 1331,
line 10, and insert the following:
‘‘(4) FUNDS PRIORITY PREFERENCE.—There shall be a pref-
erence 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 real-time, interactive
applications. Such projects shall be given priority in such sys-
tem of competitive bidding over all other projects, regardless of
how many preferences under paragraph (5) for which such
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other projects qualify.
‘‘(5) FUNDS PREFERENCE.—There shall be a preference in a
system of competitive bidding, as determined by the entity ad-
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37
ministering 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), ex-
cept 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 pro-
vide broadband service with comparable speeds to those
provided in areas that, on the day before such date of en-
actment, were not unserved areas, areas with low-tier
service, or areas with mid-tier service, with minimal future
investment.
‘‘(G) Projects that would provide broadband service con-
sistent with consumer preferences based on data and anal-
ysis conducted by the Commission.
‘‘(H) Projects that would provide for the deployment of
open-access broadband service networks.
Page 1411, after line 9, insert the following:
‘‘(9) CONTRACTING REQUIREMENTS.—All laborers and mechan-
ics employed by contractors or subcontractors in the perform-
ance of construction, alteration, or repair work carried out, in
whole or in part, with a grant under this section shall be paid
wages at rates not less than those prevailing on projects of a
similar character in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 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.
Page 1446, beginning on line 14, strike ‘‘drunk driving detection
prevention technology’’ and insert ‘‘advanced drunk driving preven-
tion technology’’.
Page 1447, line 21, insert ‘‘advanced’’ before ‘‘drunk’’.
Page 1448, line 4, strike ‘‘(d)’’ and insert ‘‘(c)’’.
Page 1448, line 10, insert ‘‘equal to and’’ after ‘‘level’’.
Page 1544, beginning on line 13, strike ‘‘new subsections’’.
Page 1544, strike lines 15 through 19.
Page 1544, line 20, strike ‘‘(g)’’ and insert ‘‘(f)’’.
Page 1551, strike lines 7 through 15.
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Page 1551, line 16, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 1618, line 24, strike ‘‘(d)’’ and insert ‘‘(e)’’.
Page 1619, line 1, strike ‘‘ready’’ and insert ‘‘read’’.
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38
Page 1619, line 3, strike ‘‘(d)’’ and insert ‘‘(f)’’.
Page 1677, line 26, strike ‘‘ ‘; and’ ’’ and insert ‘‘ ‘; or’ ’’.
Page 1682, line 10, strike ‘‘(1) IN GENERAL.—’’.
Page 1682, strike lines 17 through 22.
Page 1682, line 23, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 1684, line 15, strike the closing quotation marks and the
second period.
Page 1684, after line 15, insert the following:
‘‘(4) APPLICABILITY OF DAVIS-BACON ACT.—
‘‘(A) IN GENERAL.—The Secretary shall require that each
entity applying for a grant for any capital project pursuant
to paragraph (1), funded in whole or in part with funds
made available under this subsection, shall include in such
application written assurance that all laborers and me-
chanics employed by contractors or subcontractors in the
performance of construction, alternation or repair, as part
of such project, shall be paid wages at rates not less than
those prevailing on similar work in the locality as deter-
mined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of part A of subtitle II of title 40,
United States Code (commonly referred to (and referred to
in this section) as the ‘Davis-Bacon Act’).
‘‘(B) AUTHORITY TO ENFORCE.—With respect to the labor
standards specified in the Davis-Bacon Act, the Secretary
of Labor shall have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg.
3176; 5 U.S.C. Appendix) and section 2 of the Act of June
13, 1934 (40 U.S.C. 276c).’’.
Page 1686, after line 14, insert the following:
(c) APPLICABILITY OF DAVIS-BACON ACT.—
(1) IN GENERAL.—The Secretary shall require that each State
or political subdivision of a State applying for a grant, with re-
spect to a project for the improvement, renovation, or mod-
ernization of infrastructure at clinical laboratories under this
section, funded in whole or in part with funds made available
under this section, shall include in such application written as-
surance that all laborers and mechanics employed by contrac-
tors or subcontractors in the performance of construction, alter-
nation, or repair, as part of such project, shall be paid wages
at rates not less than those prevailing on similar work in the
locality as determined by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code (commonly referred to (and referred to
in this section) as the ‘‘Davis-Bacon Act’’).
(2) AUTHORITY TO ENFORCE.—With respect to the labor
standards specified in the Davis-Bacon Act, the Secretary of
Labor shall have the authority and functions set forth in Reor-
ganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5
U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40
U.S.C. 276c).
Page 1686, line 15, strike ‘‘(c)’’ and insert ‘‘(d)’’.
Page 1687, after line 18, insert the following:
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‘‘(c) TRIBAL CONSULTATION.—The Secretary shall engage in con-
sultation with Indian Tribes and Tribal organizations to receive
guidance and recommendations from Tribal officials before initi-
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39
ating any construction projects under this section on federally-oper-
ated facilities of the Service.’’.
Page 1687, line 19, strike ‘‘(b)’’ and insert ‘‘(d)’’.
Page 1688, line 12, strike ‘‘request,’’ and all that follows through
‘‘based on the request.’’ on line 15 and insert ‘‘request.’’.
Page 1691, after line 5, insert the following:
(c) APPLICABILITY OF DAVIS-BACON ACT.—
(1) IN GENERAL.—The Secretary shall require that each
qualified teaching health center or behavioral health care cen-
ter applying for a grant, with respect to a project for the im-
provement, renovation, or modernization of infrastructure at a
qualified teaching health center or behavior health care center
under this section, funded in whole or in part with funds made
available under this section, shall include in such application
written assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of construc-
tion, alternation, or repair, as part of such project, shall be
paid wages at rates not less than those prevailing on similar
work in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code (commonly referred
to (and referred to in this section) as the ‘‘Davis-Bacon Act’’).
(2) AUTHORITY TO ENFORCE.—With respect to the labor
standards specified in the Davis-Bacon Act, the Secretary of
Labor shall have the authority and functions set forth in Reor-
ganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5
U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40
U.S.C. 276c).
Page 1691, line 6, strike ‘‘(b)’’ and insert ‘‘(d)’’.
Page 1691, after line 20, insert the following:
SEC. 40002. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT
OF VETERANS AFFAIRS.
(a) IN GENERAL.—There is authorized to be appropriated for the
Department of Veterans Affairs $3,396,000,000 to carry out sub-
section (b). Amounts appropriated pursuant to this section shall re-
main available for obligation or expenditure without fiscal year
limitation.
(b) USE OF AMOUNTS.—The amount authorized to be appro-
priated under subsection (a) shall be used by the Secretary of Vet-
erans Affairs as follows:
(1) $750,000,000 for minor construction.
(2) $750,000,000 for non-recurring maintenance.
(3) $1,350,000,000 for major construction projects that are
partially funded for fiscal year 2021.
(4) $546,000,000 for grants under subchapter III of chapter
81 of title 38, United States Code.
(c) CONTRACTING GOALS.—The contracting goals under section
15(g)(1) and (2) of the Small Business Act (15 U.S.C. 644) shall
apply to a contract entered into using amounts authorized to be ap-
propriated under this section and used pursuant to subsection
(b)(1) and (2).
Page 1692, line 11, strike ‘‘and other goods’’ and insert ‘‘trailers,
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and other goods’’.
Page 1701, after line 11, add the following:
(d) STANDARDS.—
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40
(1) IN GENERAL.—All laborers and mechanics employed by
contractors or subcontractors in the performance of construc-
tion, alteration or repair work carried out, in whole or in part,
with assistance made available through this section shall be
paid wages at rates not less than those prevailing on projects
of a similar character in the locality as determined by the Sec-
retary of Labor in accordance with subchapter IV of chapter 31
of title 40, United States Code. With respect to the labor stand-
ards in this paragraph, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(2) EXCEPTION BASED ON NUMBER OF UNITS.—Paragraph (1)
shall not apply to single-family homes or residential properties
of less than 5 units.
(3) EXCEPTION FOR CERTAIN INDIVIDUALS.—Paragraph (1)
shall not apply to any individual that—
(A) performs services for which the individual volun-
teered;
(B) does not receive compensation for such services or is
paid expenses, reasonable benefits, or a nominal fee for
such services; and
(C) is not otherwise employed at any time in the con-
struction work.
Page 1702, after line 6, insert the following:
(c) APPLICABILITY OF DAVIS-BACON ACT.—
(1) IN GENERAL.—All laborers and mechanics employed by
contractors and subcontractors in the performance of construc-
tion work financed in whole or in part with amounts made
available pursuant to this section shall be paid wages at rates
not less than those prevailing on similar construction in the lo-
cality as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-
5). The preceding sentence shall apply to the rehabilitation of
residential property only if such property contains not less
than 12 units. The Secretary of Labor shall have, with respect
to such labor standards, the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64
Stat. 1267) and section 2 of the Act of June 13, 1934, as
amended (48 Stat. 948; 40 U.S.C. 276(c)).
(2) EXCEPTION.—Paragraph (1) shall not apply to any indi-
vidual that—
(A) performs services for which the individual volun-
teered;
(B) does not receive compensation for such services or is
paid expenses, reasonable benefits, or a nominal fee for
such services; and
(C) is not otherwise employed at any time in the con-
struction work.
Page 1706, after line 9, insert the following:
(c) APPLICABILITY OF DAVIS-BACON ACT.—
(1) IN GENERAL.—All laborers and mechanics employed by
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contractors and subcontractors in the performance of construc-
tion work financed in whole or in part with amounts made
available pursuant to this section shall be paid wages at rates
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41
not less than those prevailing on similar construction in the lo-
cality as determined by the Secretary of Labor in accordance
with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-
5). The preceding sentence shall apply to the rehabilitation of
residential property only if such property contains not less
than 12 units. The Secretary of Labor shall have, with respect
to such labor standards, the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64
Stat. 1267) and section 2 of the Act of June 13, 1934, as
amended (48 Stat. 948; 40 U.S.C. 276(c)).
(2) EXCEPTION.—Paragraph (1) shall not apply to any indi-
vidual that—
(A) performs services for which the individual volun-
teered;
(B) does not receive compensation for such services or is
paid expenses, reasonable benefits, or a nominal fee for
such services; and
(C) is not otherwise employed at any time in the con-
struction work.
Page 1742, beginning on line 15, strike ‘‘the International Green
Construction Code’’ and insert ‘‘a nationally-recognized, consensus-
based standard’’.
Page 1768, strike ‘‘Sec. 81201. Findings.’’ and insert ‘‘Sec. 81201.
Short title.’’.
Page 1775, strike line 16 through page 1780, line 15 and insert
the following:
SEC. 81201. SHORT TITLE.
This subtitle may be cited as the ‘‘Furthering Underutilized
Technologies and Unleashing Responsible Expenditures for West-
ern Water Infrastructure and Drought Resiliency Act’’ or the ‘‘FU-
TURE Western Water Infrastructure and Drought Resiliency Act’’.
Page 1842, after line 10, insert the following:
‘‘(iii) DESIGNATED DESALINATION PROJECT.—The term
‘designated desalination project’ means an eligible de-
salination project that—
‘‘(I) is an ocean desalination project that uses a
subsurface intake;
‘‘(II) has a total estimated cost of $80,000,000 or
less; and
‘‘(III) is designed to serve a community or group
of communities that collectively import more than
75 percent of their water supplies.
Page 1842, line 21, insert ‘‘or a designated desalination project’’
after ‘‘project’’.
Page 1842, line 25, insert ‘‘AND DESIGNATED DESALINATION
PROJECTS’’ after ‘‘PROJECTS’’.
Page 1843, line 25, insert ‘‘or a designated desalination project’’
after ‘‘rural desalination project’’.
Page 1851, line 19, strike ‘‘communities—’’ and insert ‘‘commu-
nities address a significant decline in the quantity or quality of
drinking water.’’.
Page 1851, strike lines 20 through 24.
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Page 1852, strike lines 15 through 16, (and redesignate subse-
quent paragraphs accordingly).
Page 1853, strike lines 12 through 16, and insert the following:
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42
(1) where the decline in the quantity or quality of water
poses the greatest threat to public health and safety;
Page 1854, lines 15 through 18, strike ‘‘grants provided under’’
through ‘‘disadvantaged communities.’’ and insert ‘‘activities car-
ried out under this section to help disadvantaged communities ad-
dress a significant decline in the quantity or quality of drinking
water.’’.
Beginning on page 1888, strike line 20 and all that follows
through page 1900, line 14, and update the table of contents ac-
cordingly.
Page 1920, line 23, strike ‘‘title’’ and insert ‘‘chapter’’.
Beginning on page 1965, strike line 20 and all that follows
through though page 1966, line 4, and update the table of contents
accordingly.
Page 1971, strike lines 21 through 23.
Page 1972, line 1, strike ‘‘(2)’’ and insert ‘‘(1)’’.
Page 1972, line 4, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 1972, line 6, strike ‘‘(4)’’ and insert ‘‘(3)’’.
Page 1972, strike lines 15 through 19.
Page 1972, line 20, strike ‘‘(d)’’ and insert ‘‘(c)’’.
Page 1972, line 24, strike ‘‘(e)’’ and insert ‘‘(d)’’.
Page 1972, line 23, strike the period at the end and insert ‘‘and
share the national strategy with the Committee on Natural Re-
sources, Committee on Agriculture, and Committee on Appropria-
tions of the House of Representatives, and the Committee on Ap-
propriations, Committee on Agriculture, Nutrition, and Forestry,
and the Committee on Energy and Natural Resources of the Sen-
ate.’’.
Page 1973, line 2, strike ‘‘2025’’ and insert ‘‘2023’’.
Page 1973, after line 2, insert the following:
Subtitle E—Long Bridge
SEC. 82501. AUTHORIZATION OF NATIONAL PARK SERVICE CONVEY-
ANCES.
(a) On request of the State of Virginia or the District of Colum-
bia, as applicable, the Secretary of the Interior (acting through the
Director of the National Park Service) (referred to in this section
as the ‘‘Secretary’’) may, subject to any terms and conditions that
the Secretary determines to be necessary, convey to the State of
Virginia or the District of Columbia, as applicable, any Federal
land or interest in Federal land under the jurisdiction of the Sec-
retary that is identified by the State of Virginia or the District of
Columbia, as applicable, as necessary for the Long Bridge Project,
which is a project consisting of improvements to the Long Bridge
and related railroad infrastructure between Rossyln (RO) Inter-
locking in Arlington, Virginia, and L’Enfant (LE) Interlocking near
10th Street SW in Washington, DC, the purpose of which is to ex-
pand commuter and regional passenger rail service and provide bi-
cycle and pedestrian access crossings over the Potomac River.
(b) If any portion of the Federal land or interest in Federal land
conveyed under subsection (a) is no longer being used for railroad
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purposes or recreational use, the portion of the Federal land or in-
terest in the portion of the land shall revert to the Secretary, on
a determination by the Secretary that the portion of the Federal
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43
land has been remediated and restored to a condition determined
to be satisfactory by the Secretary.
(c) The Secretary may permit the temporary use of any Federal
land under the jurisdiction of the Secretary that is identified by the
State of Virginia or the District of Columbia, as applicable, as nec-
essary for the construction of the project described in subsection
(a), subject to any terms and conditions determined to be necessary
by the Secretary.
(d) Notwithstanding any other provision of law, the Secretary
may recover from the State of Virginia or the District of Columbia,
as applicable, all costs incurred by the Secretary in providing or
procuring necessary services associated with a conveyance under
subsection (a) or use authorized under subsection (c), with such
amounts to remain available to the Secretary until expended, with-
out further appropriation.
Page 1974, line 17, after ‘‘reefs;’’ insert ‘‘or’’.
Page 1974, line 24, strike ‘‘; or’’ and all that follows through page
1975, line 4, and insert a period.
Page 1975, line 20, strike ‘‘and’’ and insert ‘‘or’’.
Page 1976, strike lines 1 through 15.
Page 1976, line 16, strike ‘‘(g)’’ and insert ‘‘(f)’’.
Page 1976, line 20, strike ‘‘(h)’’ and insert ‘‘(g)’’.
Page 1977, beginning on line 2, strike ‘‘, the non-Federal interest
for the water resources development project’’.
Page 1993, strike lines 3 through 5 and insert:
(A) a fish, wildlife, or plant species that is or was histori-
cally present in a particular ecosystem as a result of nat-
ural migratory or evolutionary processes, including sub-
species and plant varieties; or
Page 1993, strike lines 6 through 11.
Page 1993, line 12, strike ‘‘(C)’’ and insert ‘‘(B)’’.
Page 1994, line 5, after ‘‘Agriculture’’ insert ‘‘, acting through the
Chief of the Forest Service, concerning land contained within the
National Forest System’’.
Page 2011, strike line 12 through page 2012, line 20 and run the
text onto line 11 of page 2011.
Page 2035, line 15, strike ‘‘The Secretary of’’ and insert the fol-
lowing:
‘‘(1) IN GENERAL.—The Secretary of
Page 2035, after line 21, insert the following:
‘‘(2) ASSISTANCE.—The Secretary of Energy shall work with
the States, through the Interstate Oil and Gas Compact Com-
mission, to assist the States in quantifying and mitigating en-
vironmental risks of onshore orphaned or abandoned oil or gas
wells on State and private land.
‘‘(3) ACTIVITIES.—The program under paragraph (1) shall in-
clude—
‘‘(A) mechanisms to facilitate identification, if feasible, of
the persons currently providing a bond or other form of fi-
nancial assurance required under State or Federal law for
an oil or gas well that is orphaned or abandoned;
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‘‘(B) criteria for ranking orphaned or abandoned well
sites based on factors such as public health and safety, po-
tential environmental harm, and other land use priorities;
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44
‘‘(C) information and training programs on best practices
for remediation of different types of sites; and
‘‘(D) funding of State mitigation efforts on a cost-shared
basis.’’.
Page 2047, line 21, after ‘‘project’’ insert ‘‘at minimum 30 days
prior to submission to Office of Surface Mining Reclamation and
Enforcement’’.
Page 2047, line 22, strike ‘‘comment at’’ and insert ‘‘request’’.
Page 2048, line 2, strike ‘‘of such meetings’’ and insert ‘‘of the
proposed project 30 days prior to submission to Office of Surface
Mining Reclamation and Enforcement and published notice of re-
quested public meetings’’.
Page 2056, strike line 17 through page 2057, line 7 and insert:
‘‘A State or Indian tribe may use up to 10 percent of its annual dis-
tribution under this section for the costs of administering this sec-
tion consistent with existing practice under sections 401(c)(7) and
402(g)(1)(C) of the Surface Mining Control and Reclamation Act of
1977 and the Office of Surface Mining Reclamation and Enforce-
ment Federal Assistance Manual.’’.
Page 2057, after line 13, insert the following:
‘‘(h) REGULATIONS AND GUIDELINES.—To the extent necessary to
implement the provisions of this Act, the Secretary shall propose
rules and/or develop guidelines not later than 90 days following en-
actment of the Act and shall publish them as final rules and/or
guidelines not later than 90 days thereafter. Within 60 days fol-
lowing the adoption of any such final rules and/or guidelines, the
Secretary shall distribute the funds under subsection (d). Further-
more, project proposals under this Act shall be initially reviewed,
vetted and approved by OSMRE Field Offices within 45 days of re-
ceipt and authorizations to proceed shall be issued by the Field Of-
fice within 45 days of request by the State or Tribe.
Page 2057, line 14, strike ‘‘(h)’’ and insert ‘‘(i)’’.
Page 2058, line 7, strike ‘‘(i)’’ and insert ‘‘(j)’’.
Page 2107, after line 25, insert the following:
TITLE V—LABOR STANDARDS
SEC. 84701. LABOR STANDARDS.
Except as otherwise provided in this Act or the amendments
made by this Act, and in a manner consistent with this Act or the
amendments made by this Act, all laborers and mechanics em-
ployed by contractors and subcontractors on projects funded di-
rectly by or assisted in whole or in part by or through the Federal
Government pursuant to any provision of this division (or an
amendment made by such a provision) shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code,
and with respect to the labor standards specified in this section the
Secretary of Labor shall have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code.
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Page 2116, after line 6, insert the following:
‘‘(D) APPLICATION OF DAVIS-BACON ACT REQUIREMENTS
WITH RESPECT TO QUALIFIED INFRASTRUCTURE BONDS.—
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45
Subchapter IV of chapter 31 of the title 40, United States
Code, shall apply to projects financed with the proceeds of
qualified infrastructure bonds.’’.
Page 2116, strike lines 10 through page 2117, line 2, and insert
the following:
(b) PAYMENTS MADE UNDER SECTION 6431A OF THE INTERNAL
REVENUE CODE OF 1986.—Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting: ‘‘Payments made under sec-
tion 6431A of the Internal Revenue Code of 1986’’ after the item
related to Payment to Radiation Exposure Compensation Trust
Fund.
Page 2124, line 19, strike ‘‘$135’’ and insert ‘‘$115’’.
Page 2124, line 22, strike ‘‘$402,220,000’’ and insert
‘‘$353,775,000’’.
Page 2133, strike lines 1 through 12, and insert the following:
SEC. 90108. CERTAIN WATER AND SEWAGE FACILITY BONDS EXEMPT
FROM VOLUME CAP ON PRIVATE ACTIVITY BONDS.
(a) IN GENERAL.—Section 146(g) is amended by striking ‘‘and’’ at
the end of paragraph (3), striking the period at the end of para-
graph (4) and inserting ‘‘, and’’, and inserting after paragraph (4)
the following new paragraph:
‘‘(5) any exempt facility bond issued as part of an issue de-
scribed in paragraph (4) or (5) of section 142(a) if 95 percent
or more of the net proceeds of such issue are to be used to pro-
vide facilities which—
‘‘(A) will be used—
‘‘(i) by a person who was, as of July 1, 2020, engaged
in operation of a facility described in such paragraph,
and
‘‘(ii) to provide service within the area served by
such person on such date (or within a county or city
any portion of which is within such area), or
‘‘(B) will be used by a successor in interest to such per-
son for the same use and within the same service area as
described in subparagraph (A).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to obligations issued after the date of the enactment of
this Act.
Page 2133, strike lines 18 through page 2134, line 2.
Page 2134, line 3, strike ‘‘(c)’’ and insert ‘‘(b)’’.
Page 2134, after line 5, insert the following:
SEC. 90110. APPLICATION OF DAVIS-BACON ACT REQUIREMENTS WITH
RESPECT TO CERTAIN EXEMPT FACILITY BONDS.
(a) IN GENERAL.—Section 142(b) is amended by adding at the end
the following new paragraph:
‘‘(3) APPLICATION OF DAVIS-BACON ACT REQUIREMENTS WITH
RESPECT TO CERTAIN EXEMPT FACILITY BONDS.—If any proceeds
of any issue are used for construction, alteration, or repair of
any facility otherwise described in paragraph (4), (5), (15), or
(16) of subsection (a), such facility shall be treated for purposes
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of subsection (a) as described in such paragraph only if each
entity that receives such proceeds to conduct such construction,
alteration, or repair agrees to comply with the provisions of
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46
subchapter IV of chapter 31 of title 40, United States Code
with respect to such construction, alteration, or repair.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall
apply to bonds issued after the date of the enactment of this Act.
Page 2152, strike lines 4 through 20, and insert the following:
(b) PAYMENTS MADE UNDER SECTION 6431B(B) OF THE INTERNAL
REVENUE CODE OF 1986.—Section 255(h) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is
amended by inserting: ‘‘Payments made under section 6431B(b) of
the Internal Revenue Code of 1986’’ after the item related to Pay-
ments for Foster Care and Permanency.
Page 2152, line 21, strike ‘‘(b)’’ and insert ‘‘(c)’’.
Page 2153, line 5, strike ‘‘(c)’’ and insert ‘‘(d)’’.
Page 2168, after line 25, insert the following:
‘‘(3) LABOR STANDARDS FOR ALL GRANTS.—The Secretary shall
require that each entity, including grantees and subgrantees,
that applies for an infrastructure grant for constructing, ren-
ovating, or improving child care facilities, including adapting,
reconfiguring, or expanding such facilities, which is funded in
whole or in part under this section, shall include in its applica-
tion written assurance that all laborers and mechanics em-
ployed by contractors or subcontractors in the performance of
construction, alternation or repair, as part of such project,
shall be paid wages at rates not less than those prevailing on
similar work in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of part
A of subtitle II of title 40, United States Code (commonly re-
ferred to as the ‘Davis-Bacon Act’), and with respect to the
labor standards specified in such subchapter the Secretary of
Labor shall have the authority and functions set forth in Reor-
ganization Plan Numbered 14 of 1950 (15 FR 3176; 5 U.S.C.
Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C.
276c).’’.
Page 2169, line 1, strike ‘‘(3)’’ and insert ‘‘(4)’’.
Page 2170, after line 4, insert the following:
‘‘(5) LABOR STANDARDS FOR ALL GRANTS.—The Secretary of
Health and Human Services shall require that each entity, in-
cluding grantees and subgrantees, that applies for an infra-
structure grant for constructing, renovating, or improving child
care facilities, including adapting, reconfiguring, or expanding
such facilities, which is funded in whole or in part under this
section, shall include in its application written assurance that
all laborers and mechanics employed by contractors or sub-
contractors in the performance of construction, alternation or
repair, as part of such project, shall be paid wages at rates not
less than those prevailing on similar work in the locality as de-
termined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of part A of subtitle II of title 40,
United States Code (commonly referred to as the ‘Davis-Bacon
Act’), and with respect to the labor standards specified in such
subchapter the Secretary of Labor shall have the authority and
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functions set forth in Reorganization Plan Numbered 14 of
1950 (15 FR 3176; 5 U.S.C. Appendix) and section 2 of the Act
of June 13, 1934 (40 U.S.C. 276c).’’.
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47
Page 2178, line 2, strike ‘‘taxable years beginning after’’ and in-
sert ‘‘property placed in service after’’.
Page 2240, strike lines 18 through page 2241, line 10, and insert
the following:
‘‘(4) SELECTION CRITERIA.—Selection criteria similar to those
in subsection (d)(3) shall apply, except that in determining des-
ignations under this subsection, the Secretary, after consulta-
tion with the Secretary of Energy, shall—
‘‘(A) require that applicants provide written assurances
to the Secretary that all laborers and mechanics employed
by contractors and subcontractors in the performance of
construction, alteration or repair work on a qualifying ad-
vanced energy project shall be paid wages at rates not less
than those prevailing on projects of a similar character in
the locality as determined by the Secretary of Labor in ac-
cordance with subchapter IV of chapter 31 of title 40,
United States Code, and
‘‘(B) give the highest priority to projects which—
‘‘(i) manufacture (other than primarily assembly of
components) property described in a subclause of sub-
section (c)(1)(A)(i) (or components thereof), and
‘‘(ii) have the greatest potential for commercial de-
ployment of new applications.’’.
Page 2244, line 6, strike ‘‘45U’’ and insert ‘‘45V’’.
Page 2244, line 14, strike ‘‘45U’’ and insert ‘‘45V’’.
Page 2244, line 17, strike ‘‘45U’’ and insert ‘‘45V’’.
Page 2244, line 21, strike ‘‘45U’’ and insert ‘‘45V’’.
Page 2245, after line 13, insert the following:
SEC. 90443. LABOR STANDARDS FOR CERTAIN ENERGY JOBS.
(a) DEPARTMENT OF LABOR CERTIFICATION OF QUALIFIED ENTI-
TIES.—
(1) DEFINITIONS.—In this subsection—
(A) APPLICABLE CONSTRUCTION PROJECT.—The term ‘‘ap-
plicable construction project’’ means, with respect to any
entity—
(i) the installation of any qualified alternative fuel
vehicle refueling property (as defined in section 30C(c)
of the Internal Revenue Code of 1986),
(ii) the installation of any qualified energy property
described in section 48D(a)(1) of such Code,
(iii) the installation of any qualified property re-
ferred to in paragraph (2) of section 48D(a) of such
Code as part of any qualified investment credit facility
described in such paragraph, and
(iv) the installation of any energy efficient commer-
cial building property (as defined in section 179D(c)(1)
of such Code).
(B) COVERED PROJECT LABOR AGREEMENT.—The term
‘‘covered project labor agreement’’ means a project labor
agreement that—
(i) binds all contractors and subcontractors on the
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construction project through the inclusion of appro-
priate specifications in all relevant solicitation provi-
sions and contract documents,
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48
(ii) allows all contractors and subcontractors to com-
pete for contracts and subcontracts without regard to
whether they are otherwise a party to a collective bar-
gaining agreement,
(iii) contains guarantees against strikes, lockouts,
and other similar job disruptions,
(iv) sets forth effective, prompt, and mutually bind-
ing procedures for resolving labor disputes arising dur-
ing the covered project labor agreement, and
(v) provides other mechanisms for labor-manage-
ment cooperation on matters of mutual interest and
concern, including productivity, quality of work, safe-
ty, and health.
(C) PROJECT LABOR AGREEMENT.—The term ‘‘project
labor agreement’’ means a pre-hire collective bargaining
agreement with one or more labor organizations that es-
tablishes the terms and conditions of employment for a
specific construction project and is described in section 8(f)
of the National Labor Relations Act (29 U.S.C. 158(f)).
(D) INSTALLATION INCLUDES ON-SITE CONSTRUCTION.—
Any reference in this subsection to the installation of any
property shall include the construction of such property if
such construction is performed on the site where such
property is installed.
(E) QUALIFIED ENTITY.—The term ‘‘qualified entity’’
means an entity that the Secretary of Labor certifies as a
qualified entity in accordance with paragraph (2).
(F) REGISTERED APPRENTICESHIP PROGRAM.—The term
‘‘registered apprenticeship program’’ means an apprentice-
ship program registered under the Act of August 16, 1937
(commonly known as the ‘‘National Apprenticeship Act’’; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any
requirement, standard, or rule promulgated under such
Act, as such requirement, standard, or rule was in effect
on December 30, 2019.
(2) CERTIFICATION OF QUALIFIED ENTITIES.—
(A) IN GENERAL.—The Secretary of Labor shall establish
a process for certifying entities that submit an application
under subparagraph (B) as qualified entities with respect
to applicable construction projects for purposes of the
amendments made by subsections (b), (c), and (d).
(B) APPLICATION PROCESS.—
(i) IN GENERAL.—An entity seeking certification as a
qualified entity under this paragraph shall submit an
application to the Secretary of Labor at such time, in
such manner, and containing such information as the
Secretary may reasonably require, including informa-
tion to demonstrate compliance with the requirements
under subparagraph (C).
(ii) REQUESTS FOR ADDITIONAL INFORMATION.—Not
later than 1 year after receiving an application from
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an entity under clause (i)—
(I) the Secretary of Labor may request addi-
tional information from the entity in order to de-
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49
termine whether the entity is in compliance with
the requirements under subparagraph (C), and
(II) the entity shall provide such additional in-
formation.
(iii) DETERMINATION DEADLINE.—The Secretary of
Labor shall make a determination on whether to cer-
tify an entity under this subsection not later than—
(I) in a case in which the Secretary requests ad-
ditional information described in paragraph
(2)(B)(ii), 1 year after the Secretary receives such
additional information from the entity, or
(II) in a case that is not described in subclause
(I), 1 year after the date on which the entity sub-
mits the application under clause (i).
(iv) PRECERTIFICATION REMEDIES.—The Secretary
shall consider any corrective actions taken by an enti-
ty seeking certification under this paragraph to rem-
edy an administrative merits determination, arbitral
award or decision, or civil judgment identified under
subparagraph (C)(iii) and shall impose as a condition
of certification any additional remedies necessary to
avoid further or repeated violations.
(C) LABOR STANDARDS REQUIREMENTS.—The Secretary of
Labor shall require an entity, as a condition of certification
under this subsection, to satisfy each of the following re-
quirements—
(i) The entity shall ensure that all laborers and me-
chanics employed by contractors and subcontractors in
the performance of any applicable construction project
shall be paid wages at rates not less than those pre-
vailing 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’’).
(ii) In the case of any applicable construction project
the cost of which exceeds $25,000,000, the entity shall
be a party to, or require contractors and subcontrac-
tors in the performance of such applicable construction
project to consent to, a covered project labor agree-
ment.
(iii) The entity, and all contractors and subcontrac-
tors in performance of any applicable construction
project, shall represent in the application submitted
under subparagraph (B) (and periodically thereafter
during the performance of the applicable construction
project as the Secretary of Labor may require) wheth-
er there has been any administrative merits deter-
mination, arbitral award or decision, or civil judgment,
as defined in guidance issued by the Secretary of
Labor, rendered against the entity in the preceding 3
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years (or, in the case of disclosures after the initial
disclosure, during such period as the Secretary of
Labor may provide) for violations of—
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50
(I) the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.),
(II) the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.),
(III) the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.),
(IV) the National Labor Relations Act (29 U.S.C.
151 et seq.),
(V) subchapter IV of chapter 31 of title 40,
United States Code (commonly known as the
‘‘Davis-Bacon Act’’),
(VI) chapter 67 of title 41, United States Code
(commonly known as the ‘‘Service Contract Act’’),
(VII) Executive Order 11246 (42 U.S.C. 2000e
note; relating to equal employment opportunity),
(VIII) section 503 of the Rehabilitation Act of
1973 (29 U.S.C. 793),
(IX) section 4212 of title 38, United States Code;
(X) the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.),
(XI) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.),
(XII) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.),
(XIII) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.),
(XIV) Federal Government standards estab-
lishing a minimum wage for contractors, or
(XV) equivalent State laws, as defined in guid-
ance issued by the Secretary of Labor.
(iv) The entity, and all contractors and subcontrac-
tors in the performance of any applicable construction
project, shall not require mandatory arbitration for
any dispute involving a worker engaged in a service
for the entity unless such worker is covered by a col-
lective bargaining agreement that provides otherwise.
(v) The entity, and all contractors and subcontrac-
tors in the performance of any applicable construction
project, shall consider an individual performing any
service in such performance as an employee (and not
an independent contractor) of the entity, contractor, or
subcontractor, respectively, unless—
(I) the individual is free from control and direc-
tion in connection with the performance of the
service, both under the contract for the perform-
ance of the service and in fact,
(II) the service is performed outside the usual
course of the business of the entity, contractor, or
subcontractor, respectively, and
(III) the individual is customarily engaged in an
independently established trade, occupation, pro-
fession, or business of the same nature as that in-
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volved in such service.
(vi) The entity shall prohibit all contractors and sub-
contractors in the performance of any applicable con-
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51
struction project from hiring employees through a tem-
porary staffing agency unless the relevant State work-
force agency certifies that temporary employees are
necessary to address an acute, short-term labor de-
mand.
(vii) The entity shall require all contractors, sub-
contractors, successors in interest of the entity, and
other entities that may acquire the entity, in the per-
formance or acquisition of any applicable construction
project, to have an explicit neutrality policy on any
issue involving the organization of employees of the
entity, and all contractors and subcontractors in the
performance of any applicable construction project, for
purposes of collective bargaining.
(viii) The entity shall require all contractors and
subcontractors to participate in a registered appren-
ticeship program for each skilled craft employed on
any applicable construction project.
(ix) The entity, and all contractors and subcontrac-
tors in the performance of any applicable construction
project, shall not request or otherwise consider the
criminal history of an applicant for employment before
extending a conditional offer to the applicant, unless—
(I) a background check is otherwise required by
law,
(II) the position is for a Federal law enforce-
ment officer (as defined in section 115(c)(1) of title
18, United States Code) position, or
(III) the Secretary of Labor, after consultation
with the Secretary of Energy, certifies that pre-
cluding criminal history prior to the conditional
offer would pose a threat to national security.
(D) DAVIS-BACON ACT.—The Secretary of Labor shall
have, with respect to the labor standards described in sub-
paragraph (C)(i), 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.
(E) PERIOD OF VALIDITY FOR CERTIFICATIONS.—A certifi-
cation made under this subsection shall be in effect for a
period of 5 years. An entity may reapply to the Secretary
of Labor for an additional certification under this sub-
section in accordance with the application process under
paragraph (2)(B).
(F) REVOCATION OF QUALIFIED ENTITY STATUS.—The Sec-
retary of Labor may revoke the certification of an entity
under this subsection as a qualified entity at any time in
which the Secretary reasonably determines the entity is no
longer in compliance with paragraph (2)(C).
(G) CERTIFICATION MAY COVER MORE THAN 1 SUBSTAN-
TIALLY SIMILAR PROJECT.—The Secretary of Labor may
make certifications under this paragraph which apply with
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respect to more than 1 project if the projects to which such
certification apply are substantially similar projects which
meet the requirements of this subsection. Such projects
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52
shall be treated as a specific construction project for pur-
poses of paragraph (1)(C).
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for fis-
cal year 2020 and each fiscal year thereafter.
(b) JOBS IN ENERGY CREDIT.—
(1) IN GENERAL.—Subpart E of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 48C the following new section:
‘‘SEC. 48D. JOBS IN ENERGY CREDIT.
‘‘(a) INVESTMENT CREDIT FOR QUALIFIED PROPERTY.—For pur-
poses of section 46, the jobs in energy credit for any taxable year
is an amount equal to 10 percent of the basis of any qualified en-
ergy property placed in service by the taxpayer during such taxable
year if the installation of such property is performed by a qualified
entity with respect to such property.
‘‘(b) QUALIFIED ENERGY PROPERTY.—For purposes of this section,
the term ‘qualified energy property’ means—
‘‘(1) energy property (as defined in section 48(a)(3)), or
‘‘(2) qualified property which is part of a qualified investment
credit facility (as defined in section 48(a)(5) without regard to
clause (a)(5)(C)(iii)) which is originally placed in service after
December 31, 2020.
‘‘(c) QUALIFIED ENTITY.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified entity’ means, with re-
spect to the installation of any qualified energy property, an
entity which is certified by the Secretary of Labor as being in
compliance with all of the applicable requirements under sec-
tion 90443(a) of the GREEN Act of 2020 with respect to such
installation at all times during the period beginning on the
date on which the installation of such property begins and end-
ing on the date on which such property is placed in service.
‘‘(2) CERTIFICATION OF FACILITY REQUIRED.—In the case of
any qualified property referred to in subsection (b)(2), an entity
shall be treated as a qualified entity with respect to the instal-
lation of such property only if the Secretary of Labor has cer-
tified that the construction of the qualified investment credit
facility of which such qualified property is a part as being in
compliance with all of the applicable requirements under sec-
tion 90443(a) of the GREEN Act of 2020 for the period referred
to in paragraph (1).
‘‘(d) SPECIAL RULES.—
‘‘(1) CERTAIN PROGRESS EXPENDITURE RULES MADE APPLICA-
BLE.—Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the enact-
ment of the Revenue Reconciliation Act of 1990) shall apply for
purposes of subsection (a).
‘‘(2) SPECIAL RULE FOR PROPERTY FINANCED BY SUBSIDIZED
ENERGY FINANCING OR INDUSTRIAL DEVELOPMENT BONDS.—For
purposes of subsection (a), rules similar to the rules of section
48(a)(4) shall apply for purposes of determining the basis of
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any qualified energy property.
‘‘(3) INSTALLATION INCLUDES ON-SITE CONSTRUCTION.—Any
reference in this section to the installation of any property
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53
shall include the construction of such property if such construc-
tion is performed on the site where such property is installed.
‘‘(4) RECAPTURE.—If the Secretary of Labor revokes the cer-
tification of a qualified entity with respect to the installation
of any property, the tax imposed under this chapter on the tax-
payer to whom the credit determined under this section is al-
lowed shall be increased for the taxable year which includes
the date of such revocation by an amount equal to the aggre-
gate decrease in the credits allowed under section 38 for all
prior taxable years which would have resulted solely from re-
ducing to zero any credit determined under this section with
respect to such property.
‘‘(5) ELECTION NOT TO HAVE SECTION APPLY.—This section
shall not apply with respect to any taxpayer for any taxable
year if such taxpayer elects (at such time and in such manner
as the Secretary may prescribe) not to have this section
apply.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 46 of such Code is amended by striking ‘‘and’’
at the end of paragraph (5), by striking the period at the
end of paragraph (6) and inserting ‘‘, and’’, and by adding
at the end the following new paragraph:
‘‘(7) the jobs in energy credit.’’.
(B) Section 49(a)(1)(C) of such Code is amended by strik-
ing ‘‘and’’ at the end of clause (iv), by striking the period
at the end of clause (v) and inserting a comma, and by
adding at the end the following new clause:
‘‘(vi) the basis of any qualified energy property
under section 48D.’’.
(C) Section 50(a)(2)(E) of such Code is amended by strik-
ing ‘‘ or 48C(b)(2)’’ and inserting ‘‘48C(b)(2), or 48D(d)(1)’’.
(D) The table of sections for subpart E of part IV of sub-
chapter A of chapter 1 of such Code is amended by insert-
ing after the item relating to section 48C the following new
item:
‘‘Sec. 48D. Jobs in energy credit.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to periods after December 31, 2020, under
rules similar to the rules of section 48(m) of the Internal Rev-
enue Code of 1986 (as in effect on the day before the date of
the enactment of the of 1990).
(c) INCREASE IN ENERGY EFFICIENT COMMERCIAL BUILDING DE-
DUCTION FOR INSTALLATION BY QUALIFIED ENTITIES.—
(1) IN GENERAL.—Section 179D(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
‘‘(7) ADJUSTMENT FOR QUALIFIED ENTITIES.—In the case of
any energy efficient commercial building property which was
installed (within the meaning of section 48D(d)(3)) by an entity
which is certified by the Secretary of Labor as being in compli-
ance with all of the applicable requirements under section
90443(a) of the GREEN Act of 2020 with respect to such instal-
lation, subsection (b)(1)(A) shall be applied by substituting
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‘$3.20’ for ‘$3’.’’.
(2) CONFORMING AMENDMENT.—Section 179D(d)(1)(A) of such
Code is amended by inserting ‘‘(or, in the case of property to
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54
which paragraph (7) applies, by substituting ‘$1.07’ for ‘$3.20’
in such paragraph)’’ before the period at the end.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to property placed in service after December
31, 2020.
(d) INCREASE IN ALTERNATIVE FUEL VEHICLE REFUELING PROP-
ERTY CREDIT FOR INSTALLATION BY QUALIFIED ENTITIES.—
(1) IN GENERAL.—Section 30C(a), as amended by the pre-
ceding provisions of this Act, is amended by striking ‘‘plus’’ at
the end of paragraph (1), by striking the period at the end of
paragraph (2) and inserting ‘‘, plus’’, and by adding at the end
the following new paragraph:
‘‘(3) in the case of any qualified alternative fuel vehicle re-
fueling property which was installed (within the meaning of
section 48D(d)(3)) by an entity which is certified by the Sec-
retary of Labor as being in compliance with all of the applica-
ble requirements under section 90443(a) of the GREEN Act of
2020 with respect to such installation, 10 percent of the
amount of costs taken into account under paragraph (1) with
respect to such property.’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to property placed in service after December
31, 2020.
Page 2256, line 4, strike ‘‘placed in service in taxable years’’ and
insert ‘‘financed by an obligation issued in calendar years’’.
Page 2257, strike lines 1 through 3, and insert ‘‘are placed in
service by the taxpayer after January 20, 2020.’’.
Page 2273, beginning on line 3, strike ‘‘the Secretary of Housing
and Urban Development’’ and insert ‘‘housing credit agencies’’.
Page 2274, line 13, strike ‘‘the qualified allocation plan of’’.
Page 2304, line 20, insert ‘‘Alaska Native’’ before ‘‘village mem-
bers’’.
Page 2309, after line 24, insert the following:
DIVISION N—RIGHTS FOR TRANSPORTATION
SECURITY OFFICERS
SEC. 91001. SHORT TITLE.
This division may be cited as the ‘‘Rights for Transportation Se-
curity Officers Act of 2020’’.
SEC. 91002. DEFINITIONS.
For purposes of this division—
(1) the term ‘‘adjusted basic pay’’ means—
(A) the rate of pay fixed by law or administrative action
for the position held by a covered employee before any de-
ductions; and
(B) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for retire-
ment purposes, including any applicable locality payment
and any special rate supplement;
(2) the term ‘‘Administrator’’ means the Administrator of the
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Transportation Security Administration;
(3) the term ‘‘covered employee’’ means an employee who
holds a covered position;
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55
(4) the term ‘‘covered position’’ means a position within the
Transportation Security Administration;
(5) the term ‘‘conversion date’’ means the date as of which
paragraphs (1) through (4) of section 91003(c) take effect;
(6) the term ‘‘2019 Determination’’ means the publication,
entitled ‘‘Determination on Transportation Security Officers
and Collective Bargaining’’, issued on July 13, 2019, by Admin-
istrator David P. Pekoske;
(7) the term ‘‘employee’’ has the meaning given such term by
section 2105 of title 5, United States Code;
(8) the term ‘‘Secretary’’ means the Secretary of Homeland
Security; and
(9) the term ‘‘TSA personnel management system’’ means
any personnel management system established or modified
under—
(A) section 111(d) of the Aviation and Transportation Se-
curity Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
SEC. 91003. CONVERSION OF TSA PERSONNEL.
(a) RESTRICTIONS ON CERTAIN PERSONNEL AUTHORITIES.—Not-
withstanding any other provision of law, effective as of the date of
the enactment of this division—
(1) any TSA personnel management system in use for cov-
ered employees and covered positions on the day before such
date of enactment, and any TSA personnel management policy,
letters, guideline, or directive in effect on such day may not be
modified;
(2) no TSA personnel management policy, letter, guideline,
or directive that was not established before such date issued
pursuant to section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) or section 114(n) of title
49, United States Code, may be established; and
(3) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(b) PERSONNEL AUTHORITIES DURING TRANSITION PERIOD.—Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment of
this division and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date of enact-
ment of this division shall remain in effect until the effective date
under subsection (c).
(c) TRANSITION TO GENERAL PERSONNEL MANAGEMENT SYSTEM
APPLICABLE TO CIVIL SERVICE EMPLOYEES.—Effective as of the date
determined by the Secretary, but in no event later than 180 days
after the date of the enactment of this division—
(1) each provision of law cited in section 91002(9) is repealed;
(2) any TSA personnel management policy, letter, guideline,
and directive, including the 2019 Determination, shall cease to
be effective;
(3) any human resources management system established or
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adjusted under chapter 97 of title 5, United States Code, with
respect to covered employees or covered positions shall cease to
be effective; and
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56
(4) covered employees and covered positions shall be subject
to the provisions of title 5, United States Code.
(d) SAFEGUARDS ON GRIEVANCES.—In carrying out this division,
the Secretary shall take such actions as are necessary to provide
an opportunity to each covered employee with a grievance or dis-
ciplinary action (including an adverse action) pending within TSA
on the date of enactment of this division or at any time during the
transition period described in subsection (c) to have such grievance
removed to proceedings pursuant to title 5, United States Code, or
continued within TSA.
SEC. 91004. TRANSITION RULES.
(a) NONREDUCTION IN PAY AND COMPENSATION.—Under pay con-
version rules as the Secretary may prescribe to carry out this divi-
sion, a covered employee converted from a TSA personnel manage-
ment system to the provisions of title 5, United States Code, pursu-
ant to section 91002(c)(4) shall not be subject to any reduction in
the rate of adjusted basic pay payable, or total compensation pro-
vided, to such covered employee.
(b) PRESERVATION OF OTHER RIGHTS.—In the case of each cov-
ered employee as of the conversion date, the Secretary shall take
any actions necessary to ensure that—
(1) any annual leave, sick leave, or other paid leave accrued,
accumulated, or otherwise available to a covered employee im-
mediately before the conversion date shall remain available to
the employee until used; and
(2) the Government share of any premiums or other periodic
charges under chapter 89 of title 5, United States Code, gov-
erning group health insurance shall remain at least the same
as was the case immediately before the conversion date.
(c) GAO STUDY ON TSA PAY RATES.—Not later than the date
that is 9 months after the date of enactment of this division, the
Comptroller General shall submit a report to Congress on the dif-
ferences in rates of pay, classified by pay system, between Trans-
portation Security Administration employees—
(1) with duty stations in the contiguous 48 States; and
(2) with duty stations outside of such States, including those
employees located in any territory or possession of the United
States.
(d) RULE OF CONSTRUCTION.—During the transition period and
after the conversion date, the Secretary shall ensure that the
Transportation Security Administration continues to prevent the
hiring of individuals who have been convicted of a sex crime, an of-
fense involving a minor, a crime of violence, or terrorism.
SEC. 91005. CONSULTATION REQUIREMENT.
(a) EXCLUSIVE REPRESENTATIVE.—The labor organization cer-
tified by the Federal Labor Relations Authority on June 29, 2011,
or successor labor organization shall be treated as the exclusive
representative of full- and part-time non-supervisory TSA per-
sonnel carrying out screening functions under section 44901 of title
49, United States Code, and shall be the exclusive representative
for such personnel under chapter 71 of title 5, United States Code,
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with full rights under such chapter. Any collective bargaining
agreement covering such personnel on the date of enactment of this
division shall remain in effect, consistent with subsection (d).
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57
(b) CONSULTATION RIGHTS.—Not later than 7 days after the date
of the enactment of this division, the Secretary shall consult with
the exclusive representative for the personnel described in sub-
section (a) under chapter 71 of title 5, United States Code, on the
formulation of plans and deadlines to carry out the conversion of
covered employees and covered positions under this division. Prior
to the conversion date, the Secretary shall provide (in writing) to
such exclusive representative the plans for how the Secretary in-
tends to carry out the conversion of covered employees and covered
positions under this division, including with respect to such mat-
ters as—
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 91003 and
91004.
(c) REQUIRED AGENCY RESPONSE.—If any views or recommenda-
tions are presented under subsection (b) by the exclusive represent-
ative, the Secretary shall consider the views or recommendations
before taking final action on any matter with respect to which the
views or recommendations are presented and provide the exclusive
representative a written statement of the reasons for the final ac-
tions to be taken.
(d) SUNSET PROVISION.—The provisions of this section shall cease
to be effective as of the conversion date.
SEC. 91006. NO RIGHT TO STRIKE.
Nothing in this division shall be considered—
(1) to repeal or otherwise affect—
(A) section 1918 of title 18, United States Code (relating
to disloyalty and asserting the right to strike against the
Government); or
(B) section 7311 of title 5, United States Code (relating
to loyalty and striking); or
(2) to otherwise authorize any activity which is not permitted
under either provision of law cited in paragraph (1).
SEC. 91007. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN
CRIMES RELATING TO TERRORISM.
Nothing in this division may be construed to contradict chapter
113B of title 18, United States Code, including with respect to—
(1) section 2332b (relating to acts of terrorism transcending
national boundaries);
(2) section 2339 (relating to harboring or concealing terror-
ists); and
(3) section 2339A (relating to providing material support to
terrorists).
SEC. 91008. REPORT BY GAO REGARDING TSA RECRUITMENT.
Not later than 1 year after the date of the enactment of this divi-
sion, the Comptroller General of the United States shall submit to
Congress a report on the efforts of the Transportation Security Ad-
ministration regarding recruitment, including recruitment efforts
relating to veterans and the dependents of veterans and members
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of the Armed Forces and the dependents of such members. Such re-
port shall also include recommendations regarding how the Admin-
istration may improve such recruitment efforts.
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SEC. 91009. SENSE OF CONGRESS.
It is the sense of Congress that the Transportation Security Ad-
ministration’s personnel system provides insufficient benefits and
workplace protections to the workforce that secures the nation’s
transportation systems and that the Transportation Security Ad-
ministration’s workforce should be provided protections and bene-
fits under title 5, United States Code.
SEC. 91010. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator of the Transportation Security Administration
shall engage and consult with public and private entities associated
with the Federal Air Marshal Service to address concerns regard-
ing Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Any other personnel issues the Administrator determines
appropriate.
SEC. 91011. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLICATION.
Beginning on the date of the enactment of this division, covered
employees may not use or have installed on United States Govern-
ment-issued mobile devices the social media video application
known as ‘‘TikTok’’ or any successor application.
SEC. 91012. VETERANS HIRING.
The Secretary shall prioritize the hiring of veterans, including
disabled veterans, and other preference eligible individuals, includ-
ing widows and widowers of veterans, as defined in section 2108
of title 5, United States Code, for covered positions.
SEC. 91013. PREVENTION AND PROTECTION AGAINST CERTAIN ILL-
NESS.
The Administrator of the Transportation Security Administra-
tion, in coordination with the Director of Centers for Disease Con-
trol and Prevention and the Director of the National Institute of
Allergy and Infectious Diseases, shall ensure that covered employ-
ees are provided proper guidance regarding prevention and protec-
tions against coronavirus, including appropriate resources.
DIVISION O—AGRICULTURE
INFRASTRUCTURE IMPROVEMENTS
SEC. 92001. REFORESTATION TRUST FUND.
Section 303(b)(2) of Public Law 96–451 (16 U.S.C. 1606a(b)(2)) is
amended by striking ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’.
DIVISION P—BUDGETARY EFFECTS
SEC. 93001. BUDGETARY EFFECTS.
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of
each division of this Act shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-
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As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of each
division of this Act shall not be entered on any PAYGO scorecard
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59
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
PART B—TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ADAMS OF
NORTH CAROLINA OR HER DESIGNEE
Page 838, line 22, strike ‘‘2’’ and insert ‘‘4’’.
Page 838, beginning on line 23, strike ‘‘minority institutions, as
such term is defined in section 365 of the Higher Education Act of
1965 (20 U.S.C. 1067k)’’ and insert ‘‘historically black colleges and
universities and other minority-serving institutions, as defined in
section 371(a) of the Higher Education Act (20 U.S.C. 1067q)’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AGUILAR
OF CALIFORNIA OR HIS DESIGNEE
Page 333, line 16, strike ‘‘or’’.
Page 333, after line 16, insert the following:
(4) a special purpose district or public authority with a trans-
portation function, including a port authority; or
Page 333, line 17, strike ‘‘(4)’’ and insert ‘‘(5)’’.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AGUILAR
OF CALIFORNIA OR HIS DESIGNEE
Page 253, line 5, insert ‘‘, including local pollution derived from
vehicles idling at railway crossings’’ after ‘‘pollution’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRINDISI
OF NEW YORK OR HIS DESIGNEE
Page 611, line 5, insert ‘‘and hybrid electric buses, that make
meaningful reductions in energy consumption and harmful emis-
sions, including direct carbon emissions,’’ after ‘‘vehicles’’.
Page 613, line 22, insert ‘‘and hybrid electric buses, that make
meaningful reductions in energy consumption and harmful emis-
sions, including direct carbon emissions,’’ before ‘‘shall not’’.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CICILLINE
OF RHODE ISLAND OR HIS DESIGNEE
Page 872, after line 24, insert the following:
SEC. 5110. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK
FORCE.
(a) PURPOSES.—The purposes of this section shall be—
(1) to encourage the research, design, and use of innovative
materials, in concert with traditional materials, and associated
techniques in the construction and preservation of the domestic
infrastructure network;
(2) to accelerate the deployment and extend the service life,
improve the performance, and reduce the cost of infrastructure
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projects; and
(3) to improve the economy, resilience, maintainability, sus-
tainability, and safety of the domestic infrastructure network.
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(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Director of the National Institute of
Standards and Technology shall establish an Interagency Inno-
vative Materials Standards Task Force (referred to in this sec-
tion as the ‘‘Task Force’’) composed of the heads of Federal
agencies responsible for significant civil infrastructure projects,
including the Administrator of the Federal Highway Adminis-
tration.
(2) CHAIRPERSON.—The Director of the National Institute of
Standards and Technology shall serve as Chairperson of the
Task Force.
(c) DUTIES.—The Task Force shall coordinate and improve, with
respect to infrastructure construction, retrofitting, rehabilitation,
and other improvements—
(1) Federal testing standards;
(2) Federal design and use guidelines;
(3) Federal regulations; and
(4) other applicable standards and performance and sustain-
ability metrics.
(d) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date of
enactment of this Act, the Task Force shall conduct, and sub-
mit to the appropriate committees of Congress a report that
describes the results of, a study—
(A) to assess the standards and performance metrics for
the use of innovative materials in infrastructure projects;
(B) to identify any barriers, regulatory or otherwise, re-
lating to the standards described in subparagraph (A) that
preclude the use of certain products or associated tech-
niques; and
(C) to identify opportunities for the development of
standardized designs and materials genome approaches
that design and use innovative materials to reduce costs,
improve performance and sustainability, and extend the
service life of infrastructure assets.
(2) REPORT.—The report under paragraph (1) shall—
(A) identify any non-Federal entities or other organiza-
tions, including the American Association of State High-
way and Transportation Officials, that develop relevant
standards; and
(B) outline a strategy to improve coordination and infor-
mation sharing between the entities described in subpara-
graph (A) and any relevant Federal agencies.
(e) IMPROVED COORDINATION.—Not later than 2 years after the
date of enactment of this Act, the Task Force shall collaborate with
any non-Federal entity identified under subsection (d)(2)(A)—
(1) to identify and carry out appropriate research, testing
methods, and processes relating to the development and use of
innovative materials;
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(2) to develop new methods and processes relating to the de-
velopment and use of innovative materials, as the applicable
agency head determines to be necessary;
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(3) to contribute to the development of standards, perform-
ance metrics, and guidelines for the use of innovative materials
and approaches in civil infrastructure projects;
(4) to develop a plan for addressing potential barriers, regu-
latory or otherwise, identified in subsection (d)(1)(B); and
(5) to develop a plan for the development of standardized de-
signs that use innovative materials to reduce costs, improve
performance and sustainability, and extend the service life of
infrastructure assets.
(f) INNOVATIVE MATERIAL DEFINED.—In this section, the term
‘‘innovative material’’, with respect to an infrastructure project, in-
cludes those materials or combinations and processes for use of ma-
terials that enhance the overall service life, sustainability, and re-
siliency of the project or provide ancillary benefits relative to wide-
ly adopted state of practice technologies, as determined by the ap-
propriate Secretary or agency head.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRIST OF
FLORIDA OR HIS DESIGNEE
Page 635, after line 24, insert the following (and redesignate sub-
sequent paragraphs accordingly):
(2) in subsection (b)(2)—
(A) by redesignating subparagraphs (D) and (E) as sub-
paragraphs (E) and (F), respectively; and
(B) by adding at the end the following:
‘‘(D) in consultation with the Secretary of the Depart-
ment of Health and Human Services, precautionary and
reactive actions required to ensure public and personnel
safety and health during an emergency as defined in sec-
tion 5324.’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRIST OF
FLORIDA OR HIS DESIGNEE
Page 636, line 9, strike ‘‘and fatalities,’’ and insert ‘‘fatalities,
and, consistent with guidelines by the Centers for Disease Control
and Prevention, infectious diseases,’’.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
CUNNINGHAM OF SOUTH CAROLINA OR HIS DESIGNEE
Page 166, line 1, strike ‘‘or national security functions’’ and in-
sert ‘‘national security functions, or critical infrastructure’’.
Page 168, line 24, insert ‘‘, access to health care and public
health facilities,’’ after ‘‘evacuation’’.
Page 172, line 13, insert ‘‘, access to health care and public
health facilities,’’ after ‘‘evacuation’’.
Page 175, line 21, insert ‘‘, access to health care and public
health facilities,’’ after ‘‘evacuation’’.
Page 179, line 3, insert ‘‘, access to health care and public health
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facilities,’’ after ‘‘evacuation’’.
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9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ESCOBAR
OF TEXAS OR HER DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. STUDY ON COLONIAS.
(a) IN GENERAL.—The Secretary of Transportation shall carry out
a study on the infrastructure state of colonias, including surface,
transit, water, and broadband infrastructure of such colonias.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report describing the results of the study under sub-
section (a), including any recommendations for congressional action
on colonias.
(c) COLONIAS DEFINED.—In this section, the term ‘‘colonias’’ has
the meaning given the term in section 509(f)(8) of the Housing Act
of 1949 (42 U.S.C. 1479(f)(8)).
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ESCOBAR
OF TEXAS OR HER DESIGNEE
At the end of division H, add the following:
SEC. lll. COLONIAS STATE OF GOOD REPAIR GRANT PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation shall establish
a state of good repair surface transportation grant program to pro-
vide grants that increase the state of good repair for surface infra-
structure in and around colonias.
(b) ELIGIBLE ENTITIES.—The following entities are eligible to re-
ceive a grant under this section:
(1) States.
(2) Metropolitan planning organizations.
(3) Units of local government.
(4) Federal land management agencies.
(5) Tribal governments.
(c) COLONIA DEFINED.—In this section, the term ‘‘colonia’’ means
any identifiable community that—
(1) is in the State of Arizona, California, New Mexico, or
Texas;
(2) is in the area of the United States within 150 miles of
the border between the United States and Mexico, except that
the term does not include any standard metropolitan statistical
area that has a population exceeding 1,000,000;
(3) is determined to be a colonia on the basis of objective cri-
teria, including lack of potable water supply, lack of adequate
sewage systems, and lack of decent, safe, and sanitary housing;
and
(4) was in existence as a colonia before November 28, 1990.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated $10,000,000 for each of fiscal years 2022 through
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2025 to carry out this section.
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11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ESHOO OF
CALIFORNIA OR HER DESIGNEE
Page 305, line 22, strike ‘‘or’’.
Page 306, line 2, insert ‘‘or’’ at the end.
Page 306, after line 2, insert the following:
‘‘(cc) to provide charging stations that sup-
port charging needs for current and future ve-
hicles and minimize future upgrade costs;
Page 306, line 5, insert ‘‘, including faster charging speeds’’ be-
fore the semicolon.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
FINKENAUER OF IOWA OR HER DESIGNEE
Page 157, after line 23, insert the following:
SEC. 1118. ADDITIONAL SUPPORT TO REBUILD RURAL COMMUNITIES.
To carry out section 1307 of this Act, there are authorized to be
appropriated $100,000,000 for fiscal year 2023 and $50,000,000 for
fiscal year 2024.
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARCÍA
OF ILLINOIS OR HIS DESIGNEE
Page 891, line 14, insert ‘‘systems’’ after ‘‘transportation’’.
Page 891, line 16, insert ‘‘air quality and climate, energy con-
sumption,’’ after ‘‘jobs,’’.
14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JAYAPAL
OF WASHINGTON OR HER DESIGNEE
Page 483, after line 7, insert the following:
(7) Labor and workforce needs to implement climate-resilient
transportation infrastructure projects including new and
emerging skills, training programs, competencies and recog-
nized postsecondary credentials that may be required to ade-
quately equip the workforce.
Page 484, line 19, strike ‘‘and’’.
Page 484, line 25, strike the period and insert ‘‘; and’’.
Page 484, after line 25, insert the following:
(9) the occupations, skillsets, training programs, com-
petencies and recognized postsecondary credentials that will be
needed to implement such climate-resilient transportation in-
frastructure projects, and how to ensure that any new jobs cre-
ated by such projects ensure that priority hiring considerations
are given to individuals facing barriers to employment, commu-
nities of color, low-income communities and tribal communities
that face a disproportionate risk from climate change and have
been excluded from job opportunities.
Page 486, line 2, strike ‘‘and’’.
Page 486, line 4, strike the period and insert ‘‘; and’’.
Page 486, after line 4, insert the following:
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(J) representatives of labor unions that represent key
trades and industries involved in infrastructure projects.
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64
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JAYAPAL
OF WASHINGTON OR HER DESIGNEE
Page 925, line 4, strike ‘‘; and’’ and insert ‘‘with expertise in per-
sonal privacy;’’.
Page 925, line 6, strike the period and insert ‘‘; and’’.
Page 925, after line 6, insert the following:
(F) consumer advocates.
Page 925, line 17, insert ‘‘, and information related to consumer
privacy’’ before the period.
Page 927, line 15, strike ‘‘and’’.
Page 927, line 19, strike the period and insert ‘‘; and’’.
Page 927, after line 19, insert the following:
(4) how the personal privacy of volunteers was maintained.
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING
OF MASSACHUSETTS OR HIS DESIGNEE
Page 279, after line 7, insert the following:
‘‘(E) Whether the project would replace, reconstruct, or
rehabilitate a high-commuter corridor (as such term is de-
fined in section 203(a)(6)) that is in poor condition.
Page 287, line 24, insert ‘‘, including the Army Corps of Engi-
neers, Bureau of Reclamation, and the Bureau of Land Manage-
ment,’’ after ‘‘204’’.
17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING
OF MASSACHUSETTS OR HIS DESIGNEE
Page 399, line 12, insert ‘‘, including the Army Corps of Engi-
neers, Bureau of Reclamation, and the Bureau of Land Manage-
ment,’’ after ‘‘204’’.
Page 399, line 15, strike ‘‘Federal lands transportation facility’’
and insert ‘‘highway, bridge, or other transportation facility for
which title and maintenance responsibility is vested in the Federal
Government’’.
18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE
At the end of subtitle A of title IV of division B of the bill, add
the following:
SEC. ll. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall initiate a re-
view of the prevalence of, characteristics of, and safe operation of
commercial vehicles that have a gross vehicle weight rating or
gross vehicle weight below 10,000 pounds, and are utilized in pack-
age delivery of goods moving in interstate commerce.
(b) INDEPENDENT RESEARCH.—If the Secretary decides to enter
into a contract with a third party to perform the research required
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under subsection (a), the Secretary shall—
(1) solicit applications from research institutions that con-
duct objective, fact-based research to conduct the study; and
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(2) ensure that such third party does not have any financial
or contractual ties with an entity engaged in interstate com-
merce utilizing commercial vehicles or commercial motor vehi-
cles.
(c) ENTITIES INCLUDED.—As part of the review, the Secretary
shall collect information from a cross-section of companies that use
fleets of such vehicles for package delivery in interstate commerce,
including companies that—
(1) directly perform deliveries; use contracted entities to per-
form work; and
(2) utilize a combination of direct deliveries and contract en-
tities.
(d) EVALUATION FACTORS.—The review shall include an evalua-
tion of the following:
(1) Fleet characteristics, including fleet structure, and vehi-
cle miles traveled.
(2) Fleet management, including scheduling of deliveries and
maintenance practices.
(3) Driver employment characteristics, including the basis of
compensation and classification.
(4) How training, medical fitness, hours on duty, and safety
of drivers is evaluated and overseen by companies, including
prevention of occupational injuries and illnesses.
(5) Safety performance metrics, based on data associated
with the included entities, including crash rates, moving viola-
tions, failed inspections, and other related data points.
(6) Financial responsibility and liability for safety or mainte-
nance violations among companies, fleet managers, and driv-
ers.
(7) Loading and unloading practices, and how package place-
ment in the vehicle is determined.
(8) Other relevant information determined necessary by the
Secretary in order to make recommendations under subsection
(e).
(e) REPORT AND RECOMMENDATIONS.—Upon completion of the re-
view, the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the
Committee on Commerce of the Senate a report containing—
(1) the findings of the Secretary on each of the factors in (d);
(2) a list of regulations applicable to commercial motor vehi-
cles and commercial motor vehicle operators that are not appli-
cable to commercial vehicle operations described in this sec-
tion; and
(3) recommendations, based on the findings, on changes to
laws or regulations at the Federal, State, or local level to pro-
mote safe operations and safe and fair working conditions for
commercial vehicle operators.
19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LARSEN
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OF WASHINGTON OR HIS DESIGNEE
Page 499, after line 22, insert the following:
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SEC. 1632. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study on the capital investment needs of United
States public ferries and how Federal funding programs are meet-
ing such needs.
(b) CONSIDERATIONS.—In carrying out the study under subsection
(a), the Comptroller General shall examine the feasibility of includ-
ing United States public ferries in the conditions and performance
report of the Department of Transportation.
(c) REPORT TO CONGRESS.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall submit to
Congress a report describing the results of the study described in
subsection (a), including any recommendations for how to include
ferries in the conditions and performance report of the Department
of Transportation.
20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE
Page 302, line 16, insert ‘‘environmental and environmental jus-
tice organizations,’’ after ‘‘organizations,’’.
Page 306, line 16, strike ‘‘and’’ at the end.
Page 306, line 24, strike ‘‘and’’ at the end.
Page 306, after line 24, insert the following:
‘‘(vii) plans for the use of renewable energy sources
or zero emissions energy sources for the charging or
fueling infrastructure; and
‘‘(viii) provide publicly available electric vehicle
charging placement and construction in communities
in which climate change, pollution, or environmental
destruction have exacerbated systemic racial, regional,
social, environmental, and economic injustices by dis-
proportionately affecting indigenous peoples, commu-
nities of color, migrant communities, deindustrialized
communities, depopulated rural communities, the poor
low income workers, women, the elderly, the
unhoused, individuals with disabilities, or youth; and’’.
Page 312, line 6, strike the closing quotation marks and second
period and insert the following:
‘‘(9) STUDY BY THE NATIONAL ACADEMIES.—
‘‘(A) IN GENERAL.—The Secretary shall seek to enter into
an agreement with the National Academies for the Trans-
portation Research Board of the National Academy of
Sciences shall—
‘‘(i) conduct a study on options for financing the
placement of a national network of publicly available
EV charging infrastructure along all eligible roads on
the National Highway System that includes consider-
ation of financial instruments and optimization of pub-
lic-private partnerships; and
‘‘(ii) conduct a study to determine the maximum dis-
tance allowable between publicly available EV charg-
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ing infrastructure, such that—
‘‘(I) a driver starting at any point along an eligi-
ble road on the National Highway System within
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67
the continental United States can drive to any
other point along an eligible road on the National
Highway System without running out of a charg-
ing power; and
‘‘(II) a driver starting at any point along an eli-
gible road on the National Highway System with-
in Hawaii, Alaska, or Puerto Rico can drive to any
other point along an eligible road on the National
Highway System within that same state or terri-
tory without running out of charging power.
‘‘(B) SUBMISSION TO CONGRESS.—Not later than 2 years
after the date of enactment of this subsection, the Sec-
retary shall submit to Congress the results of the studies
commissioned under subparagraph (A).’’.
21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEWIS OF
GEORGIA OR HIS DESIGNEE
Page 268, after line 14, insert the following:
SEC. 1217. NOISE BARRIERS.
(a) PERMITTING USE OF HIGHWAY TRUST FUND FOR CONSTRUC-
TION OF CERTAIN NOISE BARRIERS.—Section 339(b)(1) of the Na-
tional Highway System Designation Act of 1995 (23 U.S.C. 109
note) is amended to read as follows:
‘‘(1) GENERAL RULE.—No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5(I) of title 23, Code of Fed-
eral Regulations) pursuant to subsections (h) and (I) of section
109 of title 23, United States Code, unless—
‘‘(A) such a barrier is part of a project approved by the
Secretary before November 28, 1995; or
‘‘(B) such a barrier separates a highway or other noise
corridor from a group of structures of which the majority
of those closest to the highway or noise corridor—
‘‘(i) are residential in nature; and
‘‘(ii) either—
‘‘(I) were constructed before the construction or
most recent widening of the highway or noise cor-
ridor; or
‘‘(II) are at least 10 years old.’’.
(b) ELIGIBILITY FOR SURFACE TRANSPORTATION BLOCK GRANT
FUNDS.—Section 133 of title 23, United States Code, is amended—
(1) in subsection (b) by adding at the end the following:
‘‘(20) Planning, design, or construction of a Type II noise bar-
rier (as described in section 772.5 of title 23, Code of Federal
Regulations).’’; and
(2) in subsection (c)(2) by inserting ‘‘and paragraph (20)’’
after ‘‘(11)’’.
22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LURIA OF
VIRGINIA OR HER DESIGNEE
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Page 658, line 24, strike the first period through the second pe-
riod and insert a period.
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68
Page 658, after line 24, insert the following:
‘‘(h) PRIORITY FOR LOW-INCOME AREAS.—In awarding grants
under this section, the Secretary shall give priority to projects
under this section that expand or build transit in low-income areas
or that provide access to public transportation to low-income areas
that do not have access to public transportation.’’.
23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF
NEW YORK OR HER DESIGNEE
At the end of division H insert the following:
SEC. 40002. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR PREG-
NANT WOMEN.
Not later than 60 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to Congress a re-
port that includes—
(1) a description of the unique challenges that pregnant
women face when riding public transportation; and
(2) an assessment of how accessible public transportation
that receives Federal funds is for pregnant women.
24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF
NEW YORK OR HER DESIGNEE
Page 633, line 10, strike ‘‘and’’.
Page 634, line 9, strike the period and insert ‘‘; and’’.
Page 634, after line 9, insert the following:
‘‘(IX) providing culturally competent training
and educational programs to all who participate,
regardless of gender, sexual orientation, or gender
identity, including those with limited English pro-
ficiency, diverse cultural and ethnic backgrounds,
and disabilities.’’.
25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF
NEW YORK OR HER DESIGNEE
Page 718, line 15, after ‘‘the driver’’ insert the following: ‘‘and the
officer’’.
26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOORE
OF WISCONSIN OR HER DESIGNEE
Page 407, line 17, strike ‘‘; and’’ and insert a semicolon.
Page 407, line 22, strike ‘‘.’’.’’ and insert ‘‘; and’’.
Page 407, after line 22, insert the following:
‘‘(F) ensure that Department programs have in place,
implement, and enforce requirements and obligations for
regular and meaningful consultation and collaboration
with Tribes and Tribal officials under Executive Order
13175 and to serve as the primary advisor to the Secretary
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and other Department components regarding violations of
those requirements.’’.
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69
27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MORELLE
OF NEW YORK OR HIS DESIGNEE
Page 705, after line 6, insert the following:
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL EN-
VIRONMENTAL POLICY ACT OF 1969 TO FEDERALLY
FUNDED BUS SHELTERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue best practices on the appli-
cation of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to federally funded bus shelters to assist recipients of
Federal funds in receiving exclusions permitted by law.
28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY
OF FLORIDA OR HER DESIGNEE
Page 118, after line 22, insert the following:
(d) IMPROVING RISK BASED STEWARDSHIP AND OVERSIGHT.—Not
later than 180 days after the date of enactment of this Act, the Sec-
retary shall reference U.S. DOT Office of Inspector General Report
No. ST2020035 and take the following actions to improve the risk
based stewardship and oversight of the Department of Transpor-
tation:
(1) Update and implement Federal Highway Administra-
tion’s (FHWA) guidance for risk-based project involvement to
clarify the requirements for its project risk-assessment process,
including expectations for conducting and documenting the risk
assessment and criteria to guide the reevaluation of project
risks.
(2) Identify and notify Divisions about sources of information
that can inform the project risk-assessment process.
(3) Update and implement FHWA’s guidance for risk-based
project involvement to clarify how the link between elevated
risks and associated oversight activities, changes to oversight
actions, and the results of its risk-based involvement should be
documented in project oversight plans.
(4) Develop and implement a process to routinely monitor
the implementation and evaluate the effectiveness of FHWA’s
risk-based project involvement.
29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
NAPOLITANO OF CALIFORNIA OR HER DESIGNEE
Strike section 1604 of the bill (and redesignate the subsequent
sections accordingly).
30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
NORCROSS OF NEW JERSEY OR HIS DESIGNEE
Page 469, after line 21, insert the following (and redesignate ac-
cordingly):
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(G) Labor organizations.
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31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OMAR OF
MINNESOTA OR HER DESIGNEE
Page 61, after line 18, insert the following:
SEC. 107. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR RESI-
DENTS OF AREAS OF CONCENTRATED POVERTY.
Not later than 60 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to Congress a re-
port that includes—
(1) a description of the unique challenges that residents of
areas of concentrated poverty face when riding public transpor-
tation; and
(2) an assessment of how accessible public transportation
that receives Federal funds is for residents of areas of con-
centrated poverty.
32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS
OF CALIFORNIA OR HIS DESIGNEE
Page 554, after line 8, insert the following:
SEC. 2113. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal years 2021
and 2022, the Secretary of Transportation shall allow project spon-
sors, at the request of such sponsor, to submit ridership and service
data and projections collected before January 20, 2020 and projec-
tions based on that data to determine project eligibility under sec-
tion 5309 of title 49, United States Code.
33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PORTER
OF CALIFORNIA OR HER DESIGNEE
Page 930, after line 7, insert the following (and redesignate ac-
cordingly):
(2) To identify the impact that commercial vehicle sizing, de-
sign, and safety measures have on women in comparison to
men, and to identify designs that may improve the health and
safety of women drivers.
34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUIZ OF
CALIFORNIA OR HIS DESIGNEE
Page 801, after line 4, insert the following (and redesignate the
subsequent subsection accordingly):
(e) SCHOOL BUS TEMPERATURE SAFETY STUDY AND REPORT.—Not
later than 1 year after the date of enactment of this Act, the Sec-
retary shall study and issue a report on the safety implications of
temperature controls in school buses. The study and report shall
include—
(1) an analysis of the internal temperature in school buses
without air condition in weather between 80 and 110 degrees
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Fahrenheit;
(2) the collection and analysis of data on temperature-related
injuries to students, including heatstroke and dehydration;
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71
(3) the collection of data on how many public school districts
currently operate buses without air conditioning; and
(4) recommendations for preventing heat related illnesses for
children on school buses.
35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHRIER
OF WASHINGTON OR HER DESIGNEE
Page 609, after line 13, insert the following:
SEC. 2308. SPARE RATIO WAIVER.
Section 5323 of title 49, United States Code, is further amended
by adding at the end the following:
‘‘(z) SPARE RATIO WAIVER.—The Federal Transit Administration
shall waive spare ratio policies for rolling stock found in FTA
Grant Management Requirements Circular 5010.1, FTA Circular
9030.1 providing Urbanized Area Formula Program guidance, and
other guidance documents for 2 years from the date of enactment
of this Act.’’.
36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCOTT OF
VIRGINIA OR HIS DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department should utilize,
to the fullest and most economically feasible extent practicable,
modeling and simulation technology to analyze highway and public
transportation projects authorized by this Act to ensure that these
projects—
(1) will increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts;
and (2) are as cost effective as practicable.
37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SPEIER OF
CALIFORNIA OR HER DESIGNEE
Page 628, line 22, strike ‘‘or’’ at the end.
Page 629, after line 2, insert the following:
(VII) a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20 U.S.C.
1070a); or
38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
SWALWELL OF CALIFORNIA OR HIS DESIGNEE
Page 74, line 21, insert ‘‘or exercising an option on a previously
awarded contract,’’ after ‘‘awarding’’.
39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TITUS OF
NEVADA OR HER DESIGNEE
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On Page 724, after line 2, insert the following (and redesignate
subsequent paragraphs accordingly):
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(3) in subsection (b)(3) by adding at the end the following:
‘‘(C) MINIMUM AMOUNT.—A State that is eligible for
funds under subparagraph (B), shall use a minimum of 10
percent of such funds to carry out the activities under
paragraph (4)(A)(v).’’;
40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TITUS OF
NEVADA OR HER DESIGNEE
Page 740, line 15, strike ‘‘and’’.
Page 740, after line 15, insert the following:
(8) by amending subsection (h)(4) to read as follows:
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by a
State under this subsection may be used for the safety of pe-
destrians and bicyclists, including—
‘‘(A) training of law enforcement officials on pedestrian
and bicycle safety, State laws applicable to pedestrian and
bicycle safety, and infrastructure designed to improve pe-
destrian and bicycle safety;
‘‘(B) carrying out a program to support enforcement mo-
bilizations and campaigns designed to enforce State traffic
laws applicable to pedestrian and bicycle safety;
‘‘(C) public education and awareness programs designed
to inform motorists, pedestrians, and bicyclists about—
‘‘(i) pedestrian and bicycle safety, including informa-
tion on nonmotorized mobility and the important of
speed management to the safety of pedestrians and
bicyclists;
‘‘(ii) the value of the use of pedestrian and bicycle
safety equipment, including lighting, conspicuity
equipment, mirrors, helmets and other protective
equipment, and compliance with any State or local
laws requiring their use;
‘‘(iii) State traffic laws applicable to pedestrian and
bicycle safety, including motorists’ responsibilities to-
wards pedestrians and bicyclists; and
‘‘(iv) infrastructure designed to improve pedestrian
and bicycle safety; and
‘‘(D) data analysis and research concerning pedestrian
and bicycle safety; and’’.
Page 740, line 16, strike ‘‘(8)’’ and insert ‘‘(9)’’.
41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE
Page 483, after line 7, insert the following:
(7) Outlining how Federal infrastructure planning, design,
engineering, construction, operation, and maintenance impact
the environment and public health of disproportionately ex-
posed communities. For purposes of this paragraph, the term
‘‘disproportionately exposed communities’’ means a community
in which climate change, pollution, or environmental destruc-
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tion have exacerbated systemic racial, regional, social, environ-
mental, and economic injustices by disproportionately affecting
indigenous peoples, communities of color, migrant commu-
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73
nities, deindustrialized communities, depopulated rural com-
munities, the poor, low-income workers, women, the elderly,
people experiencing homelessness, people with disabilities, peo-
ple who are incarcerated, or youth.
42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TLAIB OF
MICHIGAN OR HER DESIGNEE
Page 319, line 22, strike the closing quotation marks and the sec-
ond period.
Page 319, after line 22, insert the following:
‘‘(m) PUBLIC COMMENT.—Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year 2022, the
Secretary, in consultation with the Administrator of the Environ-
mental Protection Agency, shall solicit public comment on the
method of determining the significant reduction in greenhouse gas
emissions required under subsection (e).
‘‘(n) CONSULTATION.—Prior to making an award under this sec-
tion in a given fiscal year, the Secretary shall consult with the Ad-
ministrator of the Environmental Protection Agency to determine
which projects are expected to yield a significant reduction in
greenhouse gas emissions as required under subsection (e).’’.
43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES
OF CALIFORNIA OR HER DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) ESTABLISHMENT.—Not later than 2 years after the date of en-
actment of this Act, the Comptroller General of the United States
shall carry out a study on the impact of equity issues associated
with per-mile user fee funding systems on the surface transpor-
tation system.
(b) CONTENTS.—The study under subsection (a) shall include the
following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-mile user
fee systems on individuals, including both men and women
drivers, low-income individuals, and individuals of different
races;
(2) The impact that access to alternative modes of transpor-
tation, including public transportation, has in carrying out per-
mile user fee systems;
(3) The ability to access jobs and services, which may include
healthcare facilities, child care, education and workforce train-
ing, food sources, banking and other financial institutions, and
other retail shopping establishments;
(4) Equity issues for low-income individuals in urban and
rural areas; and
(5) Any differing impacts on passenger vehicles and commer-
cial vehicles.
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(c) INCLUSIONS.—In carrying out the study under subsection (a),
the Comptroller General shall include an analysis of the following
programs:
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74
(1) The State surface transportation system funding pilot
program under section 6020 of the FAST Act; and
(2) The national surface transportation system funding pilot
under section 5402 of this Act.
(d) REPORT.—Not later than 2 years after the date of the enact-
ment after this Act, the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available, a report con-
taining the results of the study under subsection (a), including rec-
ommendations for how to equitably implement per-mile user fee
systems.
(e) DEFINITIONS.—
(1) PER-MILE USER FEE.—The term ‘‘per-mile user fee’’ means
a revenue mechanism that—
(A) is applied to road users operating motor vehicles on
the surface transportation system; and
(B) is based on the number of vehicle miles traveled by
an individual road user.
(2) COMMERCIAL VEHICLE.—The term ‘‘commercial vehicle’’
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
Page 925, line 4, strike ‘‘and’’ at the end.
Page 925, line 6, strike the period at the end and insert ‘‘and’’.
Page 925, after line 6, insert the following:
(F) advocacy groups focused on equity.
Page 927, line 15, strike ‘‘and’’ at the end.
Page 927, line 19, strike the period at the end and insert ‘‘; and’’.
Page 927, after line 19, insert the following:
(4) equity effects of the pilot program, including the effects
of the program on low-income commuters.
44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES
OF CALIFORNIA OR HER DESIGNEE
Page 499, after line 22, add the following:
SEC. 163l. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE
DOTS.
(a) REVIEW REQUIRED.—Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall undertake a
review of the extent to which State departments of transportation
have in place best practices, standards, and protocols designed to
ensure equity considerations in transportation planning, project se-
lection, and project delivery, including considerations of the diverse
transportation needs of low-income populations, minority popu-
lations, women, and other diverse populations.
(b) EVALUATION.—After the completion of the review under sub-
section (a), the Comptroller General shall issue and make available
on a publicly accessible Website a report detailing—
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State depart-
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ments of transportation to improve equity considerations,
which may include model legislation, best practices, or guid-
ance; and
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75
(3) any recommendations to Congress for additional statu-
tory authority needed to support State department of transpor-
tation efforts to incorporate equity considerations into trans-
portation planning, project selection, and project delivery.
(c) REPORT.—After completing the review and evaluation re-
quired under subsections (a) and (b), and not later than 2 years
after the date of enactment of this Act, the Comptroller General
shall make available on a publicly accessible Website, a report that
includes—
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under subsection
(b);
(3) a comprehensive set of recommendations to improve eq-
uity considerations in the public transportation industry, in-
cluding recommendations for statutory changes if applicable;
and
(4) the actions that the Secretary of Transportation could
take to effectively address the recommendations provided
under paragraph (3).
Page 872, after line 24, add the following:
SEC. 511l TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation shall carry out
a transportation equity research program for research and dem-
onstration activities that focus on the impacts that surface trans-
portation planning, investment, and operations have on low-income
populations, minority populations, women, and other underserved
populations that may be dependent on public transportation. Such
activities shall include research on surface transportation equity
issues, the development of strategies to advance economic and com-
munity development in public transportation-dependent popu-
lations, and the development of training programs that promote the
employment of low-income populations, minority populations,
women, and other underserved populations on Federal-aid trans-
portation projects constructed in their communities.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $2,000,000 for each of fis-
cal years 2022 through 2025.
(c) AVAILABILITY OF AMOUNTS.—Amounts made available to the
Secretary to carry out this section shall remain available for a pe-
riod of 3 years beginning after the last day of the fiscal year for
which the amounts are authorized.
Page 934, after line 19, add the following:
SEC. 550l GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) IN GENERAL.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General of the United States
shall submit to the Committee on Appropriations and Committee
on Transportation and Infrastructure of the House of Representa-
tives and the Committees on Environment and Public Works; Ap-
propriations; Banking, Housing, and Urban Affairs; and Commerce,
Science, and Transportation of the Senate a review of the extent
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to which the Secretary is considering the needs of and awarding
funding through covered discretionary grant programs to projects
that serve—
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76
(1) (A) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited trans-
portation choices, including women.
(b) RECOMMENDATIONS.—The Comptroller General shall include
as part of the review under subsection (a) recommendations to the
Secretary on possible means to improve consideration of projects
that serve the unique needs of communities described in subsection
(a)(1).
(c) DEFINITION OF COVERED DISCRETIONARY GRANT PROGRAM.—
For purposes of this section, the term ‘‘covered discretionary grant
programs’’ means the Projects of National and Regional Signifi-
cance program under section 117 of title 23, the Community Trans-
portation Investment Grant program under section 173 of such
title, the Community Climate Innovation Grant program under sec-
tion 172 of such title, and the grants for fueling and charging infra-
structure under section 151 of such title.
45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
VELÁZQUEZ OF NEW YORK OR HER DESIGNEE
Page 626, after line 25, insert the following:
‘‘(E) A plan for a public awareness campaign of the tran-
sit agency’s ability to provide reduced fares, including in
foreign languages, based on—
‘‘(i) data from the Bureau of the Census and be con-
sistent with the local area demographics where the
transit agency operates and will include the languages
that are most prevalent and commonly requested for
translation services; or
‘‘(ii) qualitative and quantitative observation from
community service providers including those that pro-
vide health and mental health services, social services,
transportation, and other relevant social services.
Page 627, after line 19, insert the following:
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to limit the eligibility of an applicant if a State,
local, or Tribal governmental entity provides reduced fair
transportation to low-income individuals.
Page 627, line 11, strike ‘‘(7)’’ and insert ‘‘(8)’’.
Page 629, line 11, strike ‘‘(8)’’ and insert ‘‘(9)’’.
PART C—TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR
OF TEXAS OR HIS DESIGNEE
Page 1082, line 3, insert ‘‘the challenges of grade crossings lo-
cated near international borders,’’ after ‘‘crossing closures,’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARCÍA OF
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ILLINOIS OR HIS DESIGNEE
At the end of division H, add the following new section:
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77
SEC. 40101. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIP-
MENT OR FACILITIES USED BY PASSENGER OR FREIGHT
TRANSPORTATION EMPLOYERS.
(a) DEFINITIONS.—In this section:
(1) AT-RISK EMPLOYEE.—The term ‘‘at-risk employee’’ means
an employee (including a Federal employee) or contractor of a
passenger or freight transportation employer—
(A) whose job responsibilities involve interaction with—
(i) passengers;
(ii) the public; or
(iii) coworkers who interact with the public;
(B) who handles items which are handled or will be han-
dled by the public; or
(C) who works in locations where social distancing and
other preventative measures with respect to the
Coronavirus Disease 2019 (COVID–19) are not possible.
(2) PASSENGER OR FREIGHT TRANSPORTATION EMPLOYER.—The
term ‘‘passenger or freight transportation employer’’ includes—
(A) the owner, charterer, managing operator, master, or
other individual in charge of a passenger vessel (as defined
in section 2101 of title 46, United States Code);
(B) an air carrier (as defined in section 40102 of title 49,
United States Code);
(C) a commuter authority (as defined in section 24102 of
title 49, United State Code);
(D) an entity that provides intercity rail passenger
transportation (as defined in section 24102 of title 49,
United States Code);
(E) a rail carrier (as defined in section 10102 of title 49,
United States Code);
(F) a regional transportation authority (as defined in
section 24102 of title 49, United States Code);
(G) a provider of public transportation (as defined in sec-
tion 5302 of title 49, United States Code);
(H) a provider of motorcoach services (as defined in sec-
tion 32702 of the Motorcoach Enhanced Safety Act of 2012
(49 U.S.C. 31136 note; Public Law 112–141));
(I) a motor carrier that owns or operates more than 100
motor vehicles (as those terms are defined in section 390.5
of title 49, Code of Federal Regulations (or successor regu-
lations));
(J) a sponsor, owner, or operator of a public-use airport
(as defined in section 47102 of title 49, United States
Code);
(K) a marine terminal operator (as defined in section
40102 of title 46, United States Code) and the relevant au-
thority or operator of a port or harbor;
(L) the Transportation Security Administration, exclu-
sively with respect to Transportation Security Officers; and
(M) a marine terminal operator (as defined in section
40102 of title 46, United States Code) and the relevant au-
thority or operator of a port or harbor, or any other em-
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ployer of individuals covered under section 2(3) of the
Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 902(3)).
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78
(b) REQUIREMENTS.—For the purposes of responding to, or for
purposes relating to operations during the national emergency de-
clared by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) related to the pandemic of SARS–4CoV–2 or
coronavirus disease 2019 (COVID–19), the Secretary shall re-
quire—
(1) the owners or operators of equipment, stations, or facili-
ties used by passenger or freight transportation employers, as
applicable—
(A) to clean, disinfect, and sanitize, in accordance with
guidance issued by the Centers for Disease Control and
Prevention, the equipment and facilities, including, as ap-
plicable—
(i) buses;
(ii) commercial motor vehicles;
(iii) freight and passenger rail locomotives;
(iv) freight and passenger rail cars;
(v) vessels;
(vi) airports;
(vii) fleet vehicles used for the transportation of
workers to job sites;
(viii) aircraft, including the cockpit and the cabin;
and
(ix) other equipment and facilities;
(B) to ensure that stations and facilities, including en-
closed facilities, owned, operated, and used by passenger or
freight transportation employers, including facilities used
for employee training or the performance of indoor or out-
door maintenance, repair, or overhaul work, are dis-
infected and sanitized frequently in accordance with guid-
ance issued by the Centers for Disease Control and Pre-
vention;
(C) to provide to at-risk employees—
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer;
(iv) sanitizing wipes with sufficient alcohol content;
and
(v) training on the proper use of personal protective
equipment and sanitizing equipment;
(D) to ensure that employees whose job responsibilities
include the cleaning, disinfecting, or sanitizing described
in subparagraph (A) or (B) are provided—
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer; and
(iv) sanitizing wipes with sufficient alcohol content;
(E) to establish guidelines, or adhere to any existing ap-
plicable guidelines, for notifying an employee of the owner
or operator of a confirmed diagnosis of the Coronavirus
Disease 2019 (COVID–19) with respect to any other em-
ployee of the owner or operator with whom the notified
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employee had physical contact or a physical interaction
during the 48-hour period preceding the time at which the
diagnosed employee developed symptoms;
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(F) to require that passengers and cabin crew members
wear masks or protective face coverings while in or using
a passenger aircraft of an air carrier;
(G) to require each flight crew member to wear a mask
or protective face covering while on board an aircraft and
outside the flight deck; and
(H) ensure that each contractor of an owner or operator
identified under this paragraph provides masks or protec-
tive face coverings, gloves, hand sanitizer, and sanitizing
wipes with sufficient alcohol content, to employees of such
contractor whose job responsibilities include the cleaning,
disinfecting, or sanitizing described in subparagraph (A) or
(B).
(2) an air carrier to submit to the Administrator of the Fed-
eral Aviation Administration a proposal to permit flight crew
members to wear masks or protective face coverings in the
flight deck, including a safety risk assessment with respect to
that proposal.
(c) MARKET UNAVAILABILITY OF NECESSARY ITEMS.—
(1) NOTICE OF MARKET UNAVAILABILITY.—
(A) IN GENERAL.—If an owner or operator described in
paragraph (1) of subsection (b) is unable to acquire 1 or
more items necessary to comply with the requirements
prescribed under that paragraph due to market unavail-
ability of the items, the owner or operator shall—
(i) not later than 7 days after the date on which the
owner or operator is unable to acquire each applicable
item, submit to the Secretary a written notice explain-
ing the efforts made and obstacles faced by the owner
or operator to acquire that item; and
(ii) continue making efforts to acquire that item
until the item is acquired.
(B) UPDATED NOTICE WITH RESPECT TO THE SAME ITEM.—
If an owner or operator is unable to acquire an item de-
scribed in a notice submitted under subparagraph (A) by
the date described in paragraph (4)(B)(ii) with respect to
the notice, the owner or operator may submit an updated
notice with respect to that item.
(2) REASONABLE EFFORT DETERMINATION.—With respect to
each notice submitted under paragraph (1), the Secretary shall
determine whether the owner or operator submitting the notice
has made reasonable efforts to acquire the item described in
the notice.
(3) NOTICE OF COMPLIANCE.—Not later than 7 days after the
date on which an owner or operator acquires an item described
in a notice submitted by that owner or operator under para-
graph (1) in a quantity sufficient to comply with the require-
ments prescribed under subsection (b)(1), the owner or oper-
ator shall submit to the Secretary a written notice of compli-
ance with those requirements.
(4) LIST OF OWNERS AND OPERATORS MAKING REASONABLE EF-
FORTS TO ACQUIRE UNAVAILABLE ITEMS.—
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(A) IN GENERAL.—The Secretary shall publish on a pub-
lic website of the Department of Transportation a list that,
with respect to each notice submitted to the Secretary
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80
under paragraph (1) for which the Secretary has made a
positive determination under paragraph (2)—
(i) identifies the owner or operator that submitted
the notice;
(ii) identifies the item that the owner or operator
was unable to acquire; and
(iii) describes the reasonable efforts made by the
owner or operator to acquire that item.
(B) REMOVAL FROM LIST.—The Secretary shall remove
each entry on the list described in subparagraph (A) on the
earlier of—
(i) the date on which the applicable owner or oper-
ator submits to the Secretary a notice of compliance
under paragraph (3) with respect to the item that is
the subject of the entry; and
(ii) the date that is 90 days after the date on which
the entry was added to the list.
(d) PROTECTION OF CERTAIN FEDERAL AVIATION ADMINISTRATION
EMPLOYEES.—
(1) IN GENERAL.—For the purposes of responding to, or for
purposes relating to operations during the national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) related to the pandemic of SARS–
4CoV–2 or coronavirus disease 2019 (COVID–19), in order to
maintain the safe and efficient operation of the air traffic con-
trol system, the Administrator of the Federal Aviation Admin-
istration shall—
(A) provide any air traffic controller and airway trans-
portation systems specialist of the Federal Aviation Ad-
ministration with masks or protective face coverings,
gloves, and hand sanitizer and wipes of sufficient alcohol
content, and provide training on the proper use of personal
protective equipment and sanitizing equipment;
(B) ensure that each air traffic control facility is cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance; and
(C) provide any employee of the Federal Aviation Admin-
istration whose job responsibilities involve cleaning, dis-
infecting, and sanitizing a facility described in subpara-
graph (B) with masks or protective face coverings and
gloves, and ensure that each contractor of the Federal
Aviation Administration provides any employee of the con-
tractor with those materials.
(2) SOURCE OF EQUIPMENT.—The items described in para-
graph (1)(A) may be procured or provided under that para-
graph through any source available to the Administrator of the
Federal Aviation Administration.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
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GOTTHEIMER OF NEW JERSEY OR HIS DESIGNEE
At the end of title I of division D, add the following:
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SEC. 9107. NORTH RIVER TUNNEL SHUTDOWN CONTINGENCY
ASSESMENT.
Not later than 60 days after the date of enactment of this Act,
the Secretary of Transportation shall publish a report that ex-
plains—
(1) the contingency plan of the Department of Transpor-
tation, in coordination with other relevant Federal agencies,
detailing a specific plan of action in the case of a shutdown of
the North River Tunnel under the Hudson River and that ad-
dresses issues including ensuring commuters, tourists, and oth-
ers will maintain the ability to travel between New Jersey and
New York and throughout the region; and
(2) the contingency plan of the Department of Transpor-
tation, in coordination with other relevant Federal agencies,
detailing a specific plan of action to ensure minimal disruption
to, and negative impact on national security, the economy, pub-
lic health, the environment, and property values.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON
LEE OF TEXAS OR HER DESIGNEE
Page 499, after line 22, add the following:
SEC. ll. REPORT ON COVID-RELATED FUNDING FOR AVIATION SEC-
TOR.
Not later than 45 days after the date of enactment of this Act,
the Secretary of Transportation shall direct the Administrator of
the Federal Aviation Administration to issue a report within 60
days to the House and Senate Committees of jurisdiction on spe-
cific sectors of the airport system of infrastructure that have yet to
receive any COVID-related funding, and provide a plan for
prioritizing these unfunded areas for the next round of funding.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JAYAPAL
OF WASHINGTON OR HER DESIGNEE
Page 1098, line 7, strike ‘‘4.5 percent’’ and insert ‘‘5 percent’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KAPTUR OF
OHIO OR HER DESIGNEE
Page 1032, after line 19, insert the following:
SEC. 9221. SENSE OF CONGRESS.
(a) FINDINGS.—Congress finds the following:
(1) Amtrak received $1,018,000,000 in aid from Congress as
part of the CARES Act, to help Amtrak and its state partners
respond to the drastic drop in demand caused by the
coronavirus pandemic.
(2) The CARES Act also included a provision requiring that,
for any employee who is furloughed as a result of the pan-
demic, Amtrak provide such employee the opportunity to re-
turn to the job as service ramps back up, thereby helping pre-
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vent the health crisis from being a reason to outsource work.
(3) Amtrak has requested additional funds to help it respond
to the continued loss of passenger demand while also announc-
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82
ing plans to permanently cut 20 percent of its workforce, which
could hinder its ability to serve the Amtrak national passenger
rail system, including its long-distance routes, now and in the
future.
(4) Additionally, Amtrak recently announced its intention to
eliminate daily service on most of its long-distance routes, leav-
ing only one long-distance route to operate daily. These reduc-
tions are set to begin October 1, 2020.
(5) Estimates indicate the plan to decrease service would
drastically impact as many as 461 stations.
(6) If the service disruptions are implemented, the pas-
sengers served by these long-distance trains would be discon-
nected from a critical transportation option, and these commu-
nities would lose important economic contributions generated
by this service. These cuts would also impact the lives of Am-
trak employees whose work contributes to the operation of
these trains.
(7) Amtrak has not provided Congress, the public at large,
or its workforce, sufficient notice or explanation of its plan to
restore service to communities served by long-distance routes.
(b) SENSE OF CONGRESS.—Congress is concerned by the recent
announcements from Amtrak that it intends to reduce its workforce
and its daily long-distance train service and calls on Amtrak to pro-
vide assurance about the future of the passenger rail network and
its employees.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILMER OF
WASHINGTON OR HIS DESIGNEE
Page 1101, line 17, insert ‘‘general aviation airport that is des-
ignated as a Federal staging area by the Federal Emergency Man-
agement Agency or a’’ before ‘‘nonhub’’.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMB OF
PENNSYLVANIA OR HIS DESIGNEE
At the end of title III of division G, add the following subtitle:
Subtitle E—Ohio River Basin
SEC. 33501. INTERAGENCY PLAN.
(a) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of the Army, acting through the
Chief of Engineers, in coordination with the head of each agency
described in subsection (d), shall develop and issue an interagency
plan for the agencies described in subsection (d) to assist States,
Indian tribes, and communities in the Ohio River Basin in pre-
paring for, and responding to, the effects of climate change, includ-
ing by—
(1) informing such States, Indian tribes, and communities of
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existing Federal resources available to such States, Indian
tribes, and communities, based on the analysis described in
subsection (b)(2); and
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(2) providing assistance through the Environmental Protec-
tion Agency’s Smart Growth Program, the Federal Emergency
Management Agency’s Pre-Disaster Mitigation Grant Program,
the Department of Housing and Urban Development’s Commu-
nity Development Block Grant program, the Economic Develop-
ment Administration of the Department of Commerce, and the
Department of Agriculture, to such States, Indian tribes, and
communities to help them prepare for extreme weather, major
floods, rising temperatures, and potential economic losses from
such threats.
(b) DEVELOPMENT.—In developing the interagency plan under
subsection (a), Secretary of the Army, acting through the Chief of
Engineers, in coordination with the head of each agency described
in subsection (d), shall—
(1) consult with States, Indian tribes, and communities in
the Ohio River Basin that may be affected by climate change;
and
(2) include in such interagency plan—
(A) identification of the particular needs of such States,
Indian tribes, and communities in order for such States,
Indian tribes, and communities to adequately prepare for,
and respond to, the effects of climate change; and
(B) an analysis of—
(i) the availability of existing and potential Federal
resources, including programs, grants, loans, and
other assistance, that the agencies described in sub-
section (d) may provide to assist States, Indian tribes,
and communities in the Ohio River Basin in preparing
for, and responding to, the effects of climate change
(including assistance in building or modernizing infra-
structure), including—
(I) Corps of Engineers resources related to—
(aa) modernizing and hardening levees,
floodwalls, and flood control projects for more
extreme weather flooding events;
(bb) restoring wetlands so that such wet-
lands may absorb rain;
(cc) reconnecting floodplains to rivers in
order to allow for natural flood storage;
(dd) developing a basin-wide water manage-
ment plan, in collaboration with the Depart-
ment of Agriculture, Tennessee Valley Au-
thority, and water management agencies of
the States in the Ohio River Basin; and
(ee) updating and modernizing operations
manuals for dams and reservoirs operated by
the Corps of Engineers to account for future
water risks, precipitation, flow patterns, and
usage;
(II) Environmental Protection Agency resources
and Department of Agriculture resources related
to modernizing drinking water and wastewater
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treatment and stormwater management;
(III) Department of Transportation resources re-
lated to raising or hardening critical transpor-
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tation infrastructure that may be vulnerable to
flooding;
(IV) United States Geological Survey resources
and Environmental Protection Agency resources
related to water quality and flow discharge moni-
toring and modeling; and
(V) Federal Emergency Management Agency re-
sources related to updating and modernizing flood
hazard maps to incorporate the latest science and
future risk projections; and
(ii) the limitations of existing Federal resources that
the agencies described in subsection (d) may so pro-
vide, including—
(I) the limitations of such resources in meeting
the particular needs of such States, Indian tribes,
and communities identified under subparagraph
(A); and
(II) recommendations—
(aa) for Congress regarding any statutory
changes regarding existing Federal programs,
or additional Federal funding, that the agen-
cies determine are necessary to assist such
States, Indian tribes, and communities in pre-
paring for, and responding to, the effects of
climate change; and
(bb) for additional Federal, State, and local
resources that the agencies determine are
necessary to so assist such States, Indian
tribes, and communities.
(c) PUBLICATION AND IMPLEMENTATION.—
(1) PUBLICATION.—Upon issuance of the interagency plan de-
veloped under subsection (a), the plan shall be published on
the public internet website of—
(A) the Environmental Protection Agency;
(B) the Assistant Secretary of the Army for Civil Works;
and
(C) the Great Lakes and Ohio River Division of the
Corps of Engineers.
(2) DEADLINE.—Not later than 30 days after the interagency
plan developed under subsection (a) is issued, each head of an
agency described in subsection (d) shall implement such inter-
agency plan.
(3) TECHNICAL ASSISTANCE.—In implementing the inter-
agency plan developed under subsection (a), the heads of the
agencies described in subsection (d) shall provide technical as-
sistance and expertise to States, Indian tribes, and commu-
nities in the Ohio River Basin.
(d) AGENCIES DESCRIBED.—The agencies described in this sub-
section are as follows:
(1) The Corps of Engineers.
(2) The Environmental Protection Agency.
(3) The National Oceanic and Atmospheric Administration.
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(4) The Department of the Interior.
(5) The Department of Agriculture.
(6) The Department of Transportation.
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(7) The Federal Emergency Management Agency.
(8) The United States Geological Survey.
(9) The Department of Housing and Urban Development.
(10) The Department of Commerce.
SEC. 33502. REPORT ON IMPACTS OF CLIMATE CHANGE ON ELECTRIC
UTILITIES.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Energy shall publish, on the public internet
website of the Department of Energy, a report that includes—
(1) an analysis of—
(A) the potential vulnerabilities of electric utilities that
are located in, or serve electric consumers in, the Ohio
River Basin, to climate change and extreme weather; and
(B) the impacts of climate change and extreme weather
on such electric utilities; and
(2) recommendations and technical assistance, as appro-
priate, to assist such electric utilities in preparing for climate
change and extreme weather.
SEC. 33503. DEFINITION.
In this subtitle, the term ‘‘Ohio River Basin’’ means the Ohio
River Basin as identified in the Corps of Engineers’ study titled
‘‘Ohio River Basin-Formulating Climate Change Mitigation/Adapta-
tion Strategies through Regional Collaboration with the ORB Alli-
ance’’ (May 2017).
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAWRENCE
OF MICHIGAN OR HER DESIGNEE
Page 1854, after line 18, insert the following:
(g) REPORT ON AFFORDABILITY, DISCRIMINATION, AND CIVIL
RIGHTS VIOLATIONS, AND DATA COLLECTION.—
(1) STUDY.—
(A) IN GENERAL.—The Comptroller General of the United
States shall conduct a study on water and sewer services,
in accordance with this subsection.
(B) AFFORDABILITY.—In conducting the study under
paragraph (1), the Comptroller shall study water afford-
ability nationwide, including—
(i) rates for water and sewer services, increases in
such rates during the ten-year period preceding such
study, and water service disconnections due to unpaid
water service charges; and
(ii) the effectiveness of funding under section 1452 of
the Safe Drinking Water Act and under section 601 of
the Federal Water Pollution Control Act for promoting
affordable, equitable, transparent, and reliable water
and sewer service.
(C) DISCRIMINATION AND CIVIL RIGHTS.—In conducting
the study under paragraph (1), the Comptroller, in collabo-
ration with the Civil Rights Division of the Department of
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Justice, shall study—
(i) discriminatory practices of water and sewer serv-
ice providers; and
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86
(ii) violations by such service providers that receive
Federal assistance of civil rights under title VI of the
Civil Rights Act of 1964 with regard to equal access to
water and sewer services.
(D) DATA COLLECTION.—In conducting the study under
paragraph (1), the Comptroller shall collect information,
assess the availability of information, and evaluate the
methodologies used to collect information, related to—
(i) people living without water or sewer services;
(ii) water service disconnections due to unpaid water
service charges, including disconnections experienced
by households containing children, elderly persons,
disabled persons, chronically ill persons, or other vul-
nerable populations; and
(iii) disparate effects, on the basis of race, gender, or
socioeconomic status, of water service disconnections
and the lack of public water service.
(2) REPORT.—Not later than 1 year after the date of the en-
actment of this Act, the Comptroller shall submit to Congress
a report that contains—
(A) the results of the study conducted under subsection
(a)(1); and
(B) recommendations for utility companies, Federal
agencies, and States relating to such results.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEWIS OF
GEORGIA OR HIS DESIGNEE
Page 1103, after line 5, insert the following:
SEC. 10105. CHANGES IN AIRPORT SPONSORSHIP OR OPERATIONS.
Section 44706 of title 49, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following:
‘‘(f) CHANGE OF AIRPORT SPONSORSHIP OR OPERATIONS.—
‘‘(1) UNDISPUTED CHANGE OF AIRPORT SPONSORSHIP OR OPER-
ATIONS.—Except as provided for in paragraph (2), for a pro-
posed transfer of the sponsorship or operations of an airport to
a new sponsor or operator, the Administrator shall issue an
airport operating certificate to a new sponsor or operator if—
‘‘(A) the holder of the airport operating certificate for
such airport consents to the transfer of sponsorship or op-
erations; and
‘‘(B) the new sponsor or operator satisfies all require-
ments for obtaining a certificate under this section.
‘‘(2) DISPUTED CHANGE OF AIRPORT SPONSORSHIP OR OPER-
ATIONS.—For a proposed transfer of the sponsorship or oper-
ations of an airport to a new sponsor or operator for which the
holder of the airport operating certificate disputes such trans-
fer, the Administrator shall issue an airport operating certifi-
cate to the new sponsor if the new sponsor or operator satisfies
all requirements for obtaining a certificate under this section
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and the dispute is resolved by—
‘‘(A) the issuance of a final, non-appealable judicial deci-
sion requiring a change of sponsorship or operations; or
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87
‘‘(B) the issuance of a consent letter between the holder
of an airport operating certificate and a new sponsor or op-
erator.
‘‘(g) REIMBURSEMENT OF AIRPORT INVESTMENT.—After a change
in sponsorship or operations under subsection (f), the new airport
sponsor or operator shall reimburse the previous holder of an air-
port operating certificate for investments made by such holder that
have not been fully recouped as of the change in airport sponsor-
ship or operations and such reimbursement shall be consistent with
all policies and procedures of the Federal Aviation Administra-
tion.’’.
11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF
MASSACHUSETTS OR HIS DESIGNEE
At the end of division E, add the following:
SEC. ll. JOINT TASK FORCE ON AIR TRAVEL.
(a) IN GENERAL.—Not later than 30 days after the date of enact-
ment of this Act, the Secretary of Transportation, the Secretary of
Homeland Security, and the Secretary of Health and Human Serv-
ices shall establish a Joint Task Force on Air Travel During and
After the COVID–19 Public Health Emergency (in this section re-
ferred to as the ‘‘Joint Task Force’’).
(b) DUTIES.—
(1) IN GENERAL.—The Joint Task Force shall develop rec-
ommended requirements, plans, and guidelines to address the
health, safety, security, and logistical issues relating to the
continuation of air travel during the COVID–19 Public Health
Emergency, and with respect to the resumption of full oper-
ations at airports and increased passenger air travel after the
COVID–19 Public Health Emergency ends. The Joint Task
Force shall develop, at a minimum, recommended require-
ments, plans, and guidelines, as appropriate, with respect to
each of the applicable periods described in paragraph (2) for—
(A) reforming airport, air carrier, security, and other
passenger air travel-related operations, including pas-
senger queuing, passenger security screening, boarding,
deplaning, and baggage handling procedures, as a result
of—
(i) current and anticipated changes to passenger air
travel during the COVID–19 Public Health Emergency
and after that emergency ends; and
(ii) anticipated changes to passenger air travel as a
result of the projected seasonal recurrence of the
coronavirus;
(B) mitigating the public health and economic impacts of
the COVID–19 Public Health Emergency and the projected
seasonal recurrence of the coronavirus on airports and pas-
senger air travel, including through the use of personal
protective equipment for passengers and employees, the
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implementation of strategies to promote overall passenger
and employee safety, and the accomodation of social
distancing, as necessary;
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(C) addressing the privacy and civil liberty concerns cre-
ated by passenger health screenings, contact-tracing, or
any other process for monitoring the health of individuals
engaged in health travel; and
(D) operating procedures to manage future public health
crises affecting air travel.
(2) APPLICABLE PERIODS.—For purposes of paragraph (1), the
applicable periods are the following:
(A) The period beginning with the date of the first meet-
ing of the Joint Task Force and ending with the date on
which the COVID–19 Public Health Emergency ends.
(B) The 1-year period beginning on the day after the pe-
riod described in subparagraph (A) ends.
(c) REQUIREMENTS.—
(1) IN GENERAL.—In developing the recommended require-
ments, plans, and guidelines under subsection (b), and prior to
including them in the final report required under subsection
(f)(2), the Joint Task Force shall—
(A) consider the consensus recommendations of the Advi-
sory Committee established under subsection (e);
(B) conduct cost-benefit evaluations;
(C) consider funding constraints; and
(D) use risk-based decision-making.
(2) INTERNATIONAL CONSULTATION.—The Joint Task Force
shall consult, as practicable, with relevant international enti-
ties and operators, including the International Civil Aviation
Organization, towards the goal of maximizing the harmoni-
zation of recommended requirements, plans, and guidelines for
air travel during and after the COVID–19 Public Health Emer-
gency.
(d) MEMBERSHIP.—
(1) CHAIR.—The Secretary of Transportation (or the Sec-
retary’s designee) shall serve as the Chair of the Joint Task
Force.
(2) VICE CHAIR.—The Secretary of Health and Human Serv-
ices (or the Secretary’s designee) shall serve as Vice Chair of
the Joint Task Force.
(3) OTHER MEMBERS.—In addition to the Chair and Vice
Chair, the members of the Joint Task Force shall include rep-
resentatives of the following:
(A) The Department of Transportation.
(B) The Department of Homeland Security.
(C) The Department of Health and Human Services.
(D) The Federal Aviation Administration.
(E) The Transportation Security Administration.
(F) United States Customs and Border Protection.
(G) The Centers for Disease Control and Prevention.
(H) The Occupational Safety and Health Administration.
(I) The National Institute for Occupational Safety and
Health.
(J) The Pipeline and Hazardous Materials Safety Admin-
istration.
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(K) The Department of State.
(L) The Environmental Protection Agency.
(e) ADVISORY COMMITTEE.—
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(1) ESTABLISHMENT.—Not later than 15 days after the date
on which the Joint Task Force is established under subsection
(a), the Secretary of Transportation, in consultation with the
Secretary of Homeland Security and the Secretary of Health
and Human Services, shall establish a Joint Federal Advisory
Committee to advise the Joint Task Force (in this section re-
ferred to as the ‘‘Advisory Committee’’).
(2) MEMBERSHIP.—The members of the Advisory Committee
shall include representatives of the following:
(A) Airport operators designated by the Secretary of
Transportation in consultation with the Secretary of
Homeland Security.
(B) Air carriers designated by the Secretary of Transpor-
tation in consultation with the Secretary of Homeland Se-
curity.
(C) Aircraft and aviation manufacturers designated by
the Secretary of Transportation.
(D) Labor organizations representing aviation industry
workers, including pilots, flight attendants, maintenance,
mechanics, air traffic controllers, and safety inspectors,
designated by the Secretary of Transportation.
(E) Public health experts designated by the Secretary of
Health and Human Services.
(F) Consumers and air passenger rights organizations
designated by the Secretary of Transportation in consulta-
tion with Secretary of Homeland Security.
(G) Privacy and civil liberty organizations designated by
the Secretary of Homeland Security.
(H) Manufacturers and integrators of air passenger
screening and identity verification technologies designated
by the Secretary of Homeland Security.
(I) Trade associations representing air carriers, includ-
ing, major air carriers, low cost carriers, regional air car-
riers, cargo air carriers, and foreign air carriers, des-
ignated by the Secretary of Transportation in consulation
with the Secretary of Homeland Security.
(J) Trade associations representing airport operators
designated by the Secretary of Transportation in consulta-
tion with the Secretary of Homeland Security.
(3) VACANCIES.—Any vacancy in the membership of the Advi-
sory Committee shall not affect its responsibilities, but shall be
filled in the same manner as the original appointment and in
accordance with the Federal Advisory Committee Act (5 U.S.C.
App.).
(4) DUTIES.—
(A) IN GENERAL.—The Advisory Committee shall develop
and submit policy recommendations to the Joint Task
Force regarding the recommended requirements, plans,
and guidelines to be developed by the Joint Task Force
under subsection (b).
(B) PUBLICATION.—Not later than 14 days after the date
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on which the Advisory Committee submits policy rec-
ommendations to the Joint Task Force in accordance with
subparagraph (A), the Secretary of Transportation shall
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90
publish the policy recommendations on a publicly acces-
sible website.
(5) PROHIBITION ON COMPENSATION.—The members of the
Advisory Committee shall not receive any compensation from
the Federal Government by reason of their service on the Advi-
sory Committee.
(f) BRIEFINGS AND REPORTS.—
(1) PRELIMINARY BRIEFINGS.—As soon as practicable, but not
later than 6 months after the establishment of the Joint Task
Force, the Joint Task Force shall begin providing preliminary
briefings for Congress on the status of the development of the
recommended requirements, plans, and guidelines under sub-
section (b). The preliminary briefings shall include interim
versions, if any, of the Joint Task Force’s recommendations.
(2) FINAL REPORT.—
(A) DEADLINE.—As soon as practicable, but not later
than 18 months after the date of enactment of this Act, the
Joint Task Force shall submit to Congress a final report.
(B) CONTENT.—The final report under subparagraph (A)
shall include the following:
(i) All of the recommended requirements, plans, and
guidelines developed by the Joint Task Force.
(ii) A description of any actions taken by the Federal
Government as a result of such recommendations.
(g) TERMINATION.—The Joint Task Force and Advisory Com-
mittee shall terminate 30 days after the date on which the Joint
Task Force submits the final report required under subsection
(f)(2).
(h) DEFINITION.—In this section, the term ‘‘COVID–19 Public
Health Emergency’’ means the public health emergency first de-
clared on January 31, 2020, by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) with respect to COVID–19 and includes any renewal
of such declaration pursuant to such section 319.
12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
MCNERNEY OF CALIFORNIA OR HIS DESIGNEE
Page 1003, line 16, strike ‘‘operating and capital forecasting’’ and
insert‘‘operation, ridership, capital forecasting, station staffing pro-
jections,’’.
13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF
NEW YORK OR HER DESIGNEE
Page 947, after line 7, insert the following:
SEC. 6011. RAIL COVERING.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall issue
such regulations as are necessary to require municipal waste trans-
ported by rail to be completely covered while in transit, including
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while being held, delayed, or transferred.
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14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MORELLE
OF NEW YORK OR HIS DESIGNEE
Page 986, line 18, strike the closing quotation marks and the
final period and insert the following:
‘‘(o) BUY AMERICA.—
‘‘(1) IN GENERAL.—In awarding direct loans or loan guaran-
tees under this section, the Secretary shall require each recipi-
ent to comply with section 22905(a) of title 49, United States
Code.
‘‘(2) SPECIFIC COMPLIANCE.—Notwithstanding paragraph (1),
the Secretary shall require—
‘‘(A) Amtrak to comply with section 24305(f) of title 49,
United States Code; and
‘‘(B) a commuter authority (as defined in section 24102
of title 49, United States Code), as applicable, to comply
with section 5320 of title 49, United States Code.’’.
15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MORELLE
OF NEW YORK OR HIS DESIGNEE
Page 1714, after line 2, insert the following new section:
SEC. 60016. GAO STUDY OF FLOOD DISASTER ASSISTANCE INEQUITIES.
(a) STUDY.—The Comptroller General of the United States shall
conduct a study on the accessibility of the Federal Emergency Man-
agement Agency’s Public Assistance, Individual Assistance, and
other relevant flood disaster assistance programs and shall identify
barriers to access based on race, ethnicity, language, and income
level. The study shall identify inequities in—
(1) the Agency’s core mission of response;
(2) the Agency’s core mission of recovery; and
(3) the Agency’s implementation of the Public Assistance and
Individual Assistance programs.
(b) REPORT.—Not later than the expiration of the 1-year period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress setting forth the re-
sults and conclusions of the study under subsection (a).
16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOULTON
OF MASSACHUSETTS OR HIS DESIGNEE
Page 972, line 17, strike ‘‘and’’.
Page 972, strike lines 18 through 19 and insert the following:
‘‘(iv) the ability to meet existing, anticipated, or in-
duced passenger or service demand; and
‘‘(v) projected effects on regional and local economies
along the corridor, including increased competitive-
ness, productivity, efficiency, and economic develop-
ment;
17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MOULTON
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OF MASSACHUSETTS OR HIS DESIGNEE
Page 990, after line 5, insert the following:
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92
SEC. 9107. ADVANCE ACQUISITION.
(a) IN GENERAL.—Chapter 242 of title 49, United States Code, is
amended by inserting the following after section 24202:
‘‘SEC. 24203. ADVANCE ACQUISITION.
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Secretary may allow a
recipient of a grant under chapter 229 for a passenger rail project
to acquire right-of-way and adjacent real property interests before
or during the completion of the environmental reviews for a project
that may use such property interests if the acquisition is otherwise
permitted under Federal law.
‘‘(b) CERTIFICATION.—Before authorizing advance acquisition
under this section, the Secretary shall verify that—
‘‘(1) the recipient has authority to acquire the real property
interest;
‘‘(2) the acquisition of the real property interest—
‘‘(A) is for a transportation purpose;
‘‘(B) will not cause significant adverse environmental im-
pact;
‘‘(C) will not limit the choice of reasonable alternatives
for the proposed project or otherwise influence the decision
of the Secretary on any approval required for the project;
‘‘(D) does not prevent the lead agency from making an
impartial decision as to whether to accept an alternative
that is being considered;
‘‘(E) complies with other applicable Federal laws and
regulations; and
‘‘(F) will not result in elimination or reduction of benefits
or assistance to a displaced person required by the Uni-
form Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq).
‘‘(c) ENVIRONMENTAL REVIEWS.—
‘‘(1) COMPLETION OF NEPA REVIEW.—Before authorizing Fed-
eral funding for an acquisition of a real property interest, the
Secretary shall complete all review processes otherwise re-
quired under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), section 4(f) of the Department of
Transportation Act of 1966 (49 U.S.C. 303), and Section 106 of
the National Historic Preservation Act (16 U.S.C. 470f) with
respect to the acquisition.
‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.—A real property
interest acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required environ-
mental reviews for the project have been completed.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter 242
of title 49, United States Code, is amended by inserting after the
item relating to section 24202 the following new item:
‘‘Sec. 24203. Advance acquisition.’’.
18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
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NAPOLITANO OF CALIFORNIA OR HER DESIGNEE
Page 499, after line 6, insert the following:
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93
SEC. 1631. USE OF REVENUES.
(a) WRITTEN ASSURANCES ON USE OF REVENUE.—Section
47107(b) of title 49, United States Code, is amended—
(1) in each of paragraphs (1) and (2) by striking ‘‘local taxes’’
and inserting ‘‘local excise taxes’’;
(2) in paragraph (3) by striking ‘‘State tax’’ and inserting
‘‘State excise tax’’; and
(3) by adding at the end the following:
‘‘(4) This subsection does not apply to State or local general sales
taxes nor to State or local generally applicable sales taxes.’’.
(b) RESTRICTION ON USE OF REVENUES.—Section 47133 of title
49, United States Code, is amended—
(1) in subsection (a) in the matter preceding paragraph (1)
by striking ‘‘Local taxes’’ and inserting ‘‘Local excise taxes’’;
(2) in subsection (b)(1) by striking ‘‘local taxes’’ and inserting
‘‘local excise taxes’’;
(3) in subsection (c) by striking ‘‘State tax’’ and inserting
‘‘State excise tax’’; and
(4) by adding at the end the following:
‘‘(d) LIMITATION ON APPLICABILITY.—This subsection does not
apply to—
‘‘(1) State or local general sales taxes; or
‘‘(2) State or local generally applicable sales taxes.’’.
19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEGUSE
OF COLORADO OR HIS DESIGNEE
Page 1094, after line 24, insert the following:
SEC. 9558. REPORT ON SUPPLEMENTARY SAFETY MEASURES RE-
QUIRED FOR QUIET ZONES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Railroad Administration shall—
(1) submit to Congress a report on the additional Supple-
mentary Safety Measures and Alternative Safety Measures re-
searched by the Railroad Research and Development program
of the Federal Railroad Administration that can be used to
qualify for a Quiet Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph (1)—
(A) a summary of the Supplementary Safety Measures
and Alternative Safety Measures that communities have
requested approval from the Federal Railroad Adminis-
trator to implement; and
(B) an explanation for why such requests were not
granted.
20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NEGUSE
OF COLORADO OR HIS DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. CLIMATE RESILIENCY REPORT BY GAO.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
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ment of this Act and every 5 years thereafter, the Comptroller Gen-
eral shall evaluate and issue a report to Congress on the economic
benefits, including avoided impacts on property and life, of the use
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94
of model, consensus-based building codes, standards, and provi-
sions that support resilience to climate risks and impacts, includ-
ing—
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) REPORT ISSUES.—The report required under subsection (a)
shall include the following:
(1) Assesses the status of adoption of building codes, stand-
ards, and provisions within the States, territories, and tribes
at the State or jurisdictional level; including whether the
adopted codes meet or exceed the most recent published edition
of a national, consensus-based model code.
(2) Analysis of the extent to which pre-disaster mitigation
measures provide benefits to the nation and individual States,
territories and tribes, including—
(A) an economic analysis of the benefits to the design
and construction of new resilient infrastructure;
(B) losses avoided, including economic losses, number of
structures (buildings, roads, bridges), and injuries and
deaths by utilizing building codes and standards that
prioritize resiliency; and
(C) an economic analysis of the benefits to using hazard
resistant building codes in rebuilding and repairing infra-
structure following a disaster.
(3) An assessment of the building codes and standards ref-
erenced or otherwise currently incorporated into Federal poli-
cies and programs, including but not limited to grants, incen-
tive programs, technical assistance and design and construc-
tion criteria, administered by the Federal Emergency Manage-
ment Agency (FEMA), and—
(A) the extent to which such codes and standards con-
tribute to increasing climate resiliency;
(B) Recommendations for how FEMA could improve
their use of codes and standards to prepare for climate
change and address resiliency in housing, public buildings,
and infrastructure such as roads and bridges; and
(C) how FEMA could increase efforts to support the
adoption of hazard resistant codes by the States, terri-
tories, and tribes.
(4) Recommendations for FEMA on how to better incorporate
climate resiliency into efforts to rebuild after natural disasters.
21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PANETTA
OF CALIFORNIA OR HIS DESIGNEE
Page 1691, after line 20, insert the following:
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SEC. 40ll. REVOLVING LOAN FUND FLEXIBILITY.
Section 209(d) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149(d)) is amended—
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95
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5); and
(2) by inserting after paragraph (2) the following:
‘‘(3) REVOLVING LOAN FUND REPURPOSING.—
‘‘(A) IN GENERAL.—A grantee of revolving loan funds
may, upon request, transfer any funds that have been re-
paid to a revolving loan fund under this section to any
other project eligible to receive funding under this section.
‘‘(B) ELIGIBILITY.—To be eligible to transfer revolving
loan funds under this paragraph, a grantee shall have
more cash available for lending than the average cash
available for lending in the EDA region in which such
grantee is located.
‘‘(C) DISCRETION.—The Secretary shall retain the discre-
tion to approve or deny a transfer request under this para-
graph.
‘‘(D) CASH AVAILABLE FOR LENDING DEFINED.—In this
paragraph, the term ‘cash available for lending’ means the
revolving loan fund cash available for lending net of the
committed revolving loan fund cash.’’.
22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
PERLMUTTER OF COLORADO OR HIS DESIGNEE
Page 1691, after line 20, insert the following:
SEC. 40002. AUTHORIZATION FOR SCIENCE CENTER CONSTRUCTION.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to the Director of the United States Geological Sur-
vey $166,800,000 to fund, through a cooperative agreement with an
academic partner, the design, construction, and tenant build-out of
a facility to support energy and minerals research and appurtenant
associated structures.
(b) AGREEMENTS.—The United States Geological Survey will re-
tain ownership of the facility and associated structures once con-
structed and is authorized to enter into agreements with, and to
collect and spend funds or in-kind contributions from, academic,
Federal, State, or other facility tenants on facility planning, design,
maintenance, operation, or facility improvement costs during the
life of the facility.
(c) LEASE.—The Director of the United States Geological Survey
is authorized to enter into a lease or other agreement with the aca-
demic partner, at no cost to the United States, for that partner to
provide land on which to construct the facility for a minimum term
of not less than 99 years.
(d) REPORTS.—The Director of the United States Geological Sur-
vey shall submit annual reports on the science center constructed
and the authorities utilized under this section to the appropriate
congressional committees.
23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PRESSLEY
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OF MASSACHUSETTS OR HER DESIGNEE
At the end of division H of the bill, add the following:
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96
SEC. 400ll. GAO STUDY ON THE IMPACT OF TRANSPORTATION POLI-
CIES ON MARGINALIZED COMMUNITIES.
(a) STUDY.—The Comptroller General of the United States shall
conduct a study to identify the impact of certain transportation
policies on people based on their race, ethnicity, nationality, age,
disability status, and gender identity, including—
(1) data on fare evasion policies, including—
(A) the number of people stopped for suspected fare eva-
sion by transit law enforcement officers or transit agency
personnel, aggregated by tract, as designated by the Bu-
reau of the Census;
(B) the race, ethnicity, nationality, age, disability status,
and gender identity of people stopped by law enforcement
officers or transit agency personnel and provided a citation
or summons for suspected fare evasion;
(C) an analysis on the dollar amount, organized by tran-
sit station, of—
(i) fines issued as penalty for fare evasion citations
to individuals by race, ethnicity, nationality, age, dis-
ability status, and gender identity;
(ii) fare revenue lost due to fare evasion; and
(iii) fare evasion fines collected by transit agency,
law enforcement, or other entity; and
(D) the number of complaints filed against law enforce-
ment officers or transit agency personnel while enforcing
fare evasion policies;
(2) data on speed enforcement cameras, including—
(A) the location of speed enforcement cameras and the
demographics of the location of such region by tract, as
designated by the Bureau of the Census, including race,
ethnicity, nationality, and median income;
(B) the original intent for placement of the speed en-
forcement camera, whether to address a specific safety
concern or otherwise;
(C) the affiliated policy for enforcement, whether auto-
mated enforcement, in-person ticketing, or otherwise; and
(D) the dollar amount of fines to drivers by speed en-
forcement camera location; and
(3) any other transportation policy that may have a dis-
proportionate impact on low-income communities and commu-
nities of color.
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Comptroller General shall submit the Com-
mittee on Transportation and Infrastructure and the Committee on
the Judiciary of the House of Representatives a report on the re-
sults of the study conducted under subsection (a), including—
(1) any disproportionate impacts of transportation policies on
marginalized communities; and
(2) recommendations on ways to reduce such dispropor-
tionate impacts.
24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE QUIGLEY
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OF ILLINOIS OR HIS DESIGNEE
At the end of division H, insert the following:
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SEC. 40002. USE OF BIRD-SAFE FEATURES, PRACTICES, AND STRATE-
GIES IN PUBLIC BUILDINGS.
(a) IN GENERAL.—Chapter 33 of title 40, United States Code, is
amended by adding at the end the following:
‘‘§ 3319. Use of bird-safe features, practices, and strategies in
public buildings
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC
BUILDINGS.—The Administrator of General Services shall incor-
porate, to the extent practicable, features, practices, and strategies
to reduce bird fatality resulting from collisions with public build-
ings for each public building—
‘‘(1) constructed;
‘‘(2) acquired; or
‘‘(3) of which more than 50 percent of the facade is substan-
tially altered (in the opinion of the Commissioner of Public
Buildings).
‘‘(b) DESIGN GUIDE.—The Administrator shall develop a design
guide to carry out subsection (a) that includes the following:
‘‘(1) Features for reducing bird fatality resulting from colli-
sions with public buildings throughout all construction phases,
taking into account the number of each such bird fatality that
occurs at different types of public buildings.
‘‘(2) Methods and strategies for reducing bird fatality result-
ing from collisions with public buildings during the operation
and maintenance of such buildings, including installing inte-
rior, exterior, and site lighting.
‘‘(3) Best practices for reducing bird fatality resulting from
collisions with public buildings, including—
‘‘(A) a description of the reasons for adopting such prac-
tices; and
‘‘(B) an explanation for the omission of a best practice
identified pursuant to subsection (c).
‘‘(c) IDENTIFYING BEST PRACTICES.—To carry out subsection
(b)(3), the Administrator may identify best practices for reducing
bird fatality resulting from collisions with public buildings, includ-
ing best practices recommended by—
‘‘(1) Federal agencies with expertise in bird conservation;
‘‘(2) nongovernmental organizations with expertise in bird
conservation; and
‘‘(3) representatives of green building certification systems.
‘‘(d) DISSEMINATION OF DESIGN GUIDE.—The Administrator shall
disseminate the design guide developed pursuant to subsection (b)
to all Federal agencies, subagencies, and departments with inde-
pendent leasing authority from the Administrator.
‘‘(e) UPDATE TO DESIGN GUIDE.—The Administrator shall, on a
regular basis, update the design guide developed pursuant to sub-
section (b) with respect to the priorities of the Administrator for re-
ducing bird fatality resulting from collisions with public buildings.
‘‘(f) EXEMPT BUILDINGS.—This section shall not apply to—
‘‘(1) any building or site listed, or eligible for listing, on the
National Register of Historic Places;
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‘‘(2) the White House and the grounds of the White House;
‘‘(3) the Supreme Court building and the grounds of the Su-
preme Court; or
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98
‘‘(4) the United States Capitol and any building on the
grounds of the Capitol.
‘‘(g) CERTIFICATION.—Not later than October 1 of each fiscal year,
the Administrator, acting through the Commissioner, shall certify
to Congress that the Administrator uses the design guide developed
pursuant to subsection (b) for each public building described in
subsection (a).
‘‘(h) REPORT.—Not later than October 1 of each fiscal year, the
Administrator shall submit to Congress a report that includes—
‘‘(1) the certification under subsection (g); and
‘‘(2) to the extent practicable, the number of each such bird
fatality that occurred as a result of a collision with the public
buildings occupied by the respective head of each Federal agen-
cy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 33 of title 40, United States Code, is amended by
adding at the end the following new item:
‘‘3319. Use of bird-safe features, practices, and strategies in public buildings.’’.
25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROUDA OF
CALIFORNIA OR HIS DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. AVIATION INDUSTRY ASSISTANCE FOR CLEANER AND
QUIETER SKIES VOUCHER PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish and carry out
a program, to be known as the ‘‘Aviation Industry Assistance for
Cleaner and Quieter Skies Voucher Program’’, under which the
Secretary shall issue electronic vouchers to air carriers, subject to
the specifications set forth in subsection (d), to offset the purchase
or cost of a lease of eligible new aircraft in exchange for commit-
ments from such air carriers to decommission certain currently
used aircraft and sell such aircraft for recycling of parts or dis-
posal.
(b) APPLICATION.—To be eligible for the program established
under subsection (a), an air carrier shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require, including a description
of a currently used aircraft of the air carrier.
(c) PROGRAM REQUIREMENTS.—
(1) LIST OF ELIGIBLE AIRCRAFT.—In carrying out the program
established under subsection (a), the Secretary, in consultation
with the Administrator, shall prepare, maintain, publicize, and
make available through a publicly available website, lists of—
(A) applicable currently used aircraft;
(B) eligible aircraft for purchase or lease; and
(C) registered aircraft recycling firms eligible to pur-
chase currently used aircraft under this section.
(2) COMMITMENT REQUIREMENT.—In carrying out the pro-
gram established under subsection (a), the Secretary shall
issue such regulations as are necessary to establish require-
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ments for an air carrier to purchase or lease an eligible aircraft
described in subsection (a), including a timing requirement for
the purchase of such, and decommissioning and selling of ap-
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99
plicable currently used aircraft of the air carrier for recycling
of parts or disposal, except as provided in subsection (f)(2).
(d) VALUE OF VOUCHERS.—The Secretary may determine the
value of each voucher, not to exceed $10,000,000, based on the dif-
ference in emissions between the currently used aircraft being de-
commissioned and sold and the eligible aircraft being purchased or
leased. In determining the value of each voucher, the Secretary
shall also consider if such eligible aircraft also include noise reduc-
tion, including whether such aircraft meet Stage 5 standards. In
addition, the Secretary shall consider seat capacity and typical
stage length of both the currently used aircraft being decommis-
sioned and sold and the eligible aircraft being purchased or leased
in determining the value of the voucher.
(e) REGULATIONS.—Not later than 180 days after the date of en-
actment of this Act, the Secretary shall issue such regulations as
are necessary to carry out this section, including a requirement
that a voucher may be used only to pay a new aircraft order, not
an order placed (even if not not filled) before the date of enactment
of this Act.
(f) REGISTRATION.—
(1) IN GENERAL.—The Secretary shall register aircraft recy-
cling firms eligible to purchase currently used aircraft under
this section and establish requirements and procedures for the
recycling of parts or disposal of such aircraft to ensure that
such aircraft are taken out of service and not used to develop
other aircraft with higher greenhouse gas emissions.
(2) EXCEPTION.—Notwithstanding paragraph (1), in the case
of an emergency declared by the Secretary or a national emer-
gency declared by the President, the Secretary may tempo-
rarily waive the provisions of such paragraph that prevent the
use of aircraft taken out of service pursuant to this section for
the purposes of responding to such emergency or national
emergency.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
carry out the program established under this section
$1,000,000,000 and such sums shall remain available until ex-
pended.
(h) DEFINITIONS.—In this section the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) AIR CARRIER.—The term ‘‘air carrier’’ has the meaning
given such term in section 40102 of title 49, United States
Code.
(3) CURRENTLY USED AIRCRAFT.—The term ‘‘currently used
aircraft’’ means—
(A) aircraft in the bottom 25 percent of the air carrier’s
aircraft fleet in terms of fuel efficiency per seat; and
(B) aircraft that have been in service for at least 1,500
hours in the previous calendar year.
(4) ELIGIBLE AIRCRAFT.—The term ‘‘eligible aircraft’’ means
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aircraft that must be new and considered by the Secretary
highly fuel-efficient with some consideration given to their
noise impact.
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100
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHERRILL
OF NEW JERSEY OR HER DESIGNEE
Page 1691, after line 20, insert the following:
SEC. 40002. GAO STUDY.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) mass transit and civilian airlines have an essential role
in keeping the United States moving;
(2) while the COVID-19 pandemic has devastated the indus-
try, transit agencies and companies are leading the way in im-
plementing safety measures and exploring new technologies to
protect essential workers who continue to rely on our bus and
rail systems;
(3) Congress can support the transportation sector by author-
izing a GAO study that would recommend specific safety meas-
ures to reduce exposure to the SARS-CoV-2 virus on mass
transportation systems, as well as technologies that can assist
with the implementation of such safety measures, including
technologies that facilitate large-scale sanitation and decon-
tamination and encourage social distancing; and
(4) implementation of such safety measures and technologies
will help the transportation sector be more resilient in the face
of future pandemics.
(b) STUDY.—The Comptroller General of the United States shall
carry out a study to—
(1) research and recommend specific measures that civilian
transit companies and agencies (including rail, airlines, and
buses) should implement to improve the safety of passengers
and crew;
(2) research and recommend technologies being developed
within and outside the United States Government, including
the Department of Defense and National Aeronautics and
Space Administration, that can be transitioned to the civilian
transportation sector; and
(3) study technologies that—
(A) provide an alternative to decontamination with
chemical solutions which is labor intensive, and has mate-
rial compatibility and corrosion concerns;
(B) decontaminate crevices and hard to reach areas that
can be missed with other technologies;
(C) minimize personnel exposure to the contaminated
aircraft to personnel required for set-up; and
(D) allow timely decontamination (under 3 hours) to re-
turn the bus, train, or aircraft to operational status.
(c) REPORT.—Not later than 3 months after the date of enact-
ment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study required under sub-
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section (b).
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101
27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHERRILL
OF NEW JERSEY OR HER DESIGNEE
Page 962, line 12, strike ‘‘$3,500,000,000’’ and insert
‘‘$3,450,000,000’’.
Page 962, line 13, strike ‘‘$3,300,000,000’’ and insert
‘‘$3,250,000,000’’.
Page 962, line 14, strike ‘‘$3,100,000,000’’ and insert
‘‘$3,050,000,000’’.
Page 962, line 15, strike ‘‘$2,900,000,000’’ and insert
‘‘$2,850,000,000’’.
Page 962, line 16, strike ‘‘$2,900,000,000’’ and insert
‘‘$2,850,000,000’’.
Page 963, line 2, strike ‘‘$300,000,000’’ and insert ‘‘$250,000,000’’.
Page 965, line 12, strike ‘‘$130,000,000’’ and insert
‘‘$180,000,000’’.
Page 985, line 20, strike ‘‘$125,000,000’’ and insert
‘‘$175,000,000’’.
28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLOTKIN
OF MICHIGAN OR HER DESIGNEE
Page 961, after line 15, insert the following:
SEC. 8204. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINIS-
TRATION REPORTING TRANSPARENCY REQUIREMENTS.
The Secretary of Transportation shall ensure that the Pipeline
and Hazardous Materials Safety Administration shares with all
relevant stakeholders, including State and local governments, all
materials and information received, reviewed, or produced related
to pipeline leaks, damage, or disruption, as soon as possible.
29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SMITH OF
WASHINGTON OR HIS DESIGNEE
Page 499, after line 22, insert the following:
SEC. 1632. AIRBORNE ULTRAFINE PARTICLE STUDY.
(a) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator of the Federal Aviation Admin-
istration, jointly with the Administrator of the Environmental Pro-
tection Agency, shall enter into an agreement with an eligible insti-
tution of higher education to conduct a study examining airborne
ultrafine particles and their effect on human health.
(b) SCOPE OF STUDY.—The study conducted under subsection (a)
shall—
(1) summarize the relevant literature and studies done on
airborne ultrafine particles worldwide;
(2) focus on large hub commercial airports in—
(A) Seattle;
(B) Boston;
(C) Chicago;
(D) New York;
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(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
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102
(H) the District of Columbia; and
(I) Atlanta;
(3) examine airborne ultrafine particles and their effect on
human health, including—
(A) characteristics of UFPs present in the air;
(B) spatial and temporal distributions of UFP concentra-
tions;
(C) primary sources of UFPs;
(D) the contribution of aircraft and airport operations to
the distribution of UFP concentrations when compared to
other sources;
(E) potential health effects associated with elevated UFP
exposures, including outcomes related to cardiovascular
disease, respiratory infection and disease, degradation of
neurocognitive functions, and other health effects, that
have been considered in previous studies; and
(F) potential UFP exposures, especially to susceptible
and vulnerable groups;
(4) identify measures, including the use of sustainable avia-
tion fuels, intended to reduce emissions from aircraft and air-
port operations and assess potential effects on emissions re-
lated to UFPs; and
(5) identifies information gaps related to understanding rela-
tionships between UFP exposures and health effects, contribu-
tions of aviation-related emissions to UFP exposures, and the
effectiveness of mitigation measures.
(c) ELIGIBILITY.—An institution of higher education is eligible to
conduct the study if the institution—
(1) is located in one of the areas identified in subsection (b);
(2) applies to the Administrator of the Federal Aviation Ad-
ministration in a timely fashion;
(3) demonstrates to the satisfaction of the Administrator that
the institution is qualified to conduct the study;
(4) agrees to submit to the Administrator, not later than 2
years after entering into an agreement under subsection (a),
the results of the study, including any source materials used;
and
(5) meets such other requirements as the Administrator de-
termines necessary.
(d) COORDINATION.—The Administrator may coordinate with the
Administrator of the Environmental Protection Agency, the Sec-
retary of Health and Human Services, and any other agency head
whom the Administrator deems appropriate to provide data and
other assistance necessary for the study.
(e) REPORT.—Not later than 180 days after submission of the re-
sults of the study by the institution of higher education, the Ad-
ministrator shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the study in-
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cluding the results of the study submitted under subsection (c)(4)
by the institution of higher education.
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103
(f) DEFINITION.—In this Act, the terms ‘‘ultrafine particle’’ and
‘‘UFP’’ mean particles with diameters less than or equal to 100
nanometers.
30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SPEIER OF
CALIFORNIA OR HER DESIGNEE
Page 1143, line 15, strike ‘‘$25,000,000’’ and insert ‘‘$50,000,000’’.
31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES
SMALL OF NEW MEXICO OR HER DESIGNEE
At the end of division H, add the following:
SEC. 400ll. LAND PORT OF ENTRY INFRASTRUCTURE MODERNIZA-
TION.
There is authorized to be appropriated from the general fund of
the Treasury for fiscal year 2021 $100,000,000 to the Administrator
of General Services for the necessary expenses for the construction,
repair, upgrades, and maintenance necessary to fulfill the backlog
of port infrastructure improvement projects at land ports of entry
that experienced no less than 5 percent growth in total trade in the
year of 2019, according to data produced by the Bureau of the Cen-
sus.
32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TRONE OF
MARYLAND OR HIS DESIGNEE
Page 1220, after line 11, insert the following:
TITLE VI—OTHER MATTERS
SEC. 26001. WASTEWATER DRUG TESTING PILOT PROGRAM.
(a) ESTABLISHMENT.—The Administrator of the Environmental
Protection Agency shall establish a pilot program to provide fund-
ing to States to incorporate wastewater testing for drugs at munic-
ipal wastewater treatment plants in order to monitor drug con-
sumption and detect new drug use more quickly and in a more spe-
cific geographic region than methods currently in use.
(b) SELECTION.—In carrying out the pilot program established
under subsection (a), the Administrator shall, subject to appropria-
tions, select 5 States to each receive $1,000,000 in each of fiscal
years 2022 through 2024 to provide funding to municipal waste-
water treatment plants to incorporate testing for drugs into their
routine wastewater testing protocol.
(c) REQUIREMENTS.—A State receiving funds pursuant to the
pilot program shall—
(1) provide funding to municipal wastewater treatment
plants to collect and test water samples;
(2) facilitate a partnership between local health departments
and municipal wastewater treatment plants; and
(3) provide not less than 10 percent of the funds to applicable
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local health departments to develop public health interventions
to respond to drug use in the community, as indicated by test-
ing results.
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104
(d) ANALYSES.—A State receiving funds pursuant to the pilot pro-
gram may use a portion of the funding to have test results ana-
lyzed, including to develop estimates of how many doses of a drug
have been consumed and to track results over time. The State shall
report such analyses to the local and State health departments and
to the Centers for Disease Control and Prevention.
(e) REPORTS.—
(1) STATE REPORTS.—Not later than 90 days after the end of
the pilot program, each State that received funds shall submit
a report to the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of Representa-
tives, the Committees on Health, Education, Labor, and Pen-
sions and Environment and Public Works of the Senate, and
the Centers for Disease Control and Prevention that includes
each year’s final budget, an explanation of how the program
was established, what information the wastewater testing pro-
vided and whether findings were in line with other drug sur-
veillance strategies, the usefulness of testing as an evaluation
strategy for policy change and public health interventions,
challenges encountered, and recommendations for responsible
data use and maintaining privacy.
(2) CDC REPORT.—Not later than 180 days after the end of
the pilot program, the Centers for Disease Control and Preven-
tion shall submit a report to Congress analyzing the reports
submitted under paragraph (1) and detailing best practices for
implementing wastewater testing and using the results to in-
form public health interventions.
(f) RESTRICTIONS.—
(1) COLLECTION.—A State receiving funds pursuant to the
pilot program may not use such funds to collect water samples
from any location other than a municipal wastewater treat-
ment plant.
(2) DISCLOSURE.—Analyses of samples collected pursuant to
this section may not be disclosed to any entity other than the
applicable State and local health departments and the Centers
for Disease Control and Prevention.
(3) REPORTS.—Any information relating to sample analyses
included in a report submitted under subsection (e) shall not
be made public.
33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VARGAS
OF CALIFORNIA OR HIS DESIGNEE
Page 1220, after line 11, insert the following:
TITLE VI—NEW RIVER RESTORATION
SEC. 26001. SHORT TITLE.
This title may be cited as the ‘‘California New River Restoration
Act of 2020’’.
SEC. 26002. DEFINITIONS.
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In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
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105
(2) MEXICAN.—The term ‘‘Mexican’’ refers to the Federal,
State, and local governments of the United Mexican States.
(3) NEW RIVER.—The term ‘‘New River’’ means that portion
of the New River, California, that flows north within the
United States from the border of Mexico through Calexico,
California, passes through the Imperial Valley, and drains into
the Salton Sea.
(4) PROGRAM.—The term ‘‘program’’ means the California
New River restoration program established under section
26003.
(5) RESTORATION AND PROTECTION.—The term ‘‘restoration
and protection’’ means the conservation, stewardship, and en-
hancement of habitat for fish and wildlife to preserve and im-
prove ecosystems and ecological processes on which they de-
pend.
SEC. 26003. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTAB-
LISHMENT.
(a) ESTABLISHMENT.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program
to be known as the ‘‘California New River restoration program’’.
(b) DUTIES.—In carrying out the program, the Administrator
shall—
(1) implement projects, plans, and initiatives for the restora-
tion and protection of the New River that are supported by the
California-Mexico Border Relations Council, in consultation
with applicable management entities, including representatives
of the Calexico New River Committee, the California-Mexico
Border Relations Council, the New River Improvement Project
Technical Advisory Committee, the Federal Government, State
and local governments, and regional and nonprofit organiza-
tions;
(2) undertake activities that—
(A) support the implementation of a shared set of
science-based restoration and protection activities identi-
fied in accordance with paragraph (1);
(B) target cost-effective projects with measurable results;
and
(C) maximize conservation outcomes with no net gain of
Federal full-time equivalent employees; and
(3) provide grants and technical assistance in accordance
with section 26004.
(c) COORDINATION.—In establishing the program, the Adminis-
trator shall consult, as appropriate, with—
(1) the heads of Federal agencies, including—
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Homeland Security;
(D) the Administrator of General Services;
(E) the Commissioner of U.S. Customs and Border Pro-
tection;
(F) the Commissioner of the International Boundary
Water Commission; and
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(G) the head of any other applicable agency;
(2) the Governor of California;
(3) the California Environmental Protection Agency;
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106
(4) the California State Water Resources Control Board;
(5) the California Department of Water Resources;
(6) the Colorado River Basin Regional Water Quality Control
Board;
(7) the Imperial Irrigation District; and
(8) other public agencies and organizations with authority for
the planning and implementation of conservation strategies re-
lating to the New River.
(d) PURPOSES.—The purposes of the program include—
(1) coordinating restoration and protection activities, among
Mexican, Federal, State, local, and regional entities and con-
servation partners, relating to the New River; and
(2) carrying out coordinated restoration and protection activi-
ties, and providing for technical assistance relating to the New
River—
(A) to sustain and enhance fish and wildlife habitat res-
toration and protection activities;
(B) to improve and maintain water quality to support
fish and wildlife, as well as the habitats of fish and wild-
life;
(C) to sustain and enhance water management for vol-
ume and flood damage mitigation improvements to benefit
fish and wildlife habitat;
(D) to improve opportunities for public access to, and
recreation in and along, the New River consistent with the
ecological needs of fish and wildlife habitat;
(E) to maximize the resilience of natural systems and
habitats under changing watershed conditions;
(F) to engage the public through outreach, education,
and citizen involvement, to increase capacity and support
for coordinated restoration and protection activities relat-
ing to the New River;
(G) to increase scientific capacity to support the plan-
ning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities;
and
(H) to provide technical assistance to carry out restora-
tion and protection activities relating to the New River.
SEC. 26004. GRANTS AND ASSISTANCE.
(a) IN GENERAL.—In carrying out the program, the Administrator
shall provide grants and technical assistance to State and local
governments, nonprofit organizations, and institutions of higher
education, to carry out the purposes of the program.
(b) CRITERIA.—The Administrator, in consultation with the orga-
nizations described in section 26003(c), shall develop criteria for
providing grants and technical assistance under this section to en-
sure that such activities accomplish one or more of the purposes
identified in section 26003(d)(2).
(c) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost of a
project for which a grant is provided under this section shall
not exceed 55 percent of the total cost of the activity, as deter-
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mined by the Administrator.
(2) NON-FEDERAL SHARE.—The non-Federal share of the cost
of a project for which a grant is provided under this section
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107
may be provided in the form of an in-kind contribution of serv-
ices or materials that the Administrator determines are inte-
gral to the activity carried out using assistance authorized by
this title.
(d) REQUIREMENTS.—Sections 513 and 608 of the Federal Water
Pollution Control Act (33 U.S.C. 1372; 1388) shall apply to the con-
struction of any project or activity carried out, in whole or in part,
under this title in the same manner those sections apply to a treat-
ment works for which a grant is made available under the Federal
Water Pollution Control Act.
(e) ADMINISTRATION.—The Administrator may enter into an
agreement to manage the implementation of this section with the
North American Development Bank or a similar organization that
offers grant management services.
SEC. 26005. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act,
and annually thereafter, the Administrator shall submit to Con-
gress a report on the implementation of this title, including a de-
scription of each project that has received funding under this title
and the status of all such projects that are in progress on the date
of submission of the report.
34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS
OF CALIFORNIA OR HER DESIGNEE
Page 1101, after line 10, insert the following:
(j) RELIEF TO AIRPORT CONCESSIONS.—An airport sponsor shall
use at least 2 percent of any funds received under subsection (a)(1)
to provide financial relief to airport concessionaires experiencing
economic hardship. With respect to funds under subsection (a)(1),
airport sponsors must also show good faith efforts to provide relief
to small business concerns owned and controlled by socially and
economically disadvantaged businesses, as such terms are defined
under section 47113 of title 49, United States Code.
PART D—TEXT OF AMENDMENTS TO H.R. 2 MADE IN ORDER EN BLOC
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLUNT
ROCHESTER OF DELAWARE OR HER DESIGNEE
Page 1677, after line 16, insert the following:
Subtitle E—Open Back Better
SEC. 33501. SHORT TITLE.
This subtitle may be cited as the ‘‘Open Back Better Act of 2020’’.
SEC. 33502. 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—
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(i) resiliency, including—
(I) public health and safety;
(II) power outages;
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108
(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 stor-
age 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 edu-
cation 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 ‘‘envi-
ronmental justice community’’ means a community with sig-
nificant representation of communities of color, low income
communities, or Tribal and indigenous communities, that expe-
riences, or is at risk of experiencing, higher or more adverse
human health or environmental effects.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion 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 edu-
cational 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’’, with respect to a
household, means an annual household income equal to, or less
than, the greater of—
(A) 80 percent of the median income of the area in which
the household is located, as reported by the Department of
Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
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(9) LOW INCOME COMMUNITY.—The term ‘‘low income commu-
nity’’ means a census block group in which not less than 30
percent of households are low income.
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109
(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 Pro-
gram’’ 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 In-
dian 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 im-
plement covered projects.
(2) USE OF FUNDS.—
(A) IN GENERAL.—Subject to subparagraph (B), grant
funds under paragraph (1) may be used for technical as-
sistance, 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, fa-
cilitation, management, oversight, and measurement of re-
sults of covered projects implemented using those funds.
(C) ENVIRONMENTAL JUSTICE AND OTHER COMMU-
NITIES.—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 com-
munities or low income communities.
(D) PRIVATE FINANCING.—A State receiving a grant
under paragraph (1) shall—
(i) to the extent practicable, leverage private financ-
ing for cost-effective energy efficiency, renewable en-
ergy, resiliency, and other smart-building improve-
ments, such as by entering into an energy service per-
formance contract; but
(ii) maintain the use of grant funds to carry out cov-
ered projects with more project resiliency, public
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health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
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110
(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 Re-
investment 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 fund-
ing.
(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 pursuant to paragraph
(5) are no longer available, the Secretary shall submit a report
on the use of those funds (including in the communities de-
scribed in paragraph (2)(C)) to—
(A) the Subcommittee on Energy and Water Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
the Senate; and
(D) the Committee on Energy and Commerce 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 $18,000,000,000
to carry out this subsection, to remain available until Sep-
tember 30, 2025.
(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.—Beginning 60 days after the date of enact-
ment of this Act, the Secretary shall use funds appropriated
pursuant to paragraph (4) to provide grants under the AF-
FECT program under the Federal Energy Management Pro-
gram of the Department of Energy to implement covered
projects.
(2) PRIVATE FINANCING.—A recipient of a grant under para-
graph (1) shall—
(A) to the extent practicable, leverage private financing
for cost-effective energy efficiency, renewable energy, resil-
iency, 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
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capital-intensive efficiency and emission reduction compo-
nents than are typically available through private energy
service performance contracts.
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111
(3) REPORT.—Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until funds appropriated pursuant to paragraph (4)
are no longer available, the Secretary shall submit a report on
the use of those funds to—
(A) the Subcommittee on Energy and Water Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
the Senate; and
(D) the Committee on Energy and Commerce 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 en-
actment of this Act, the Secretary, acting through the head of
the Office of Indian Energy, shall distribute funds made avail-
able 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 Develop-
ment of the Committee on Appropriations of the Senate;
(B) the Subcommittee on Energy and Water Develop-
ment and Related Agencies of the Committee on Appro-
priations of the House of Representatives;
(C) the Committee on Energy and Natural Resources of
the Senate; and
(D) the Committee on Energy and Commerce 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 re-
main 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
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the relevant Federal department or agency determines that—
(A) adhering to that requirement would be inconsistent
with the public interest;
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112
(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 manufac-
tured 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 depart-
ment 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 speci-
fied in paragraph (1), the Secretary of Labor shall have the au-
thority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 33503. PERSONNEL.
(a) IN GENERAL.—To carry out section 33502, the Secretary shall
hire within the Department of Energy—
(1) not less than 300 full-time employees in the Office of En-
ergy 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 In-
dian Energy.
(b) TIMELINE.—Not later than 60 days after the date of enact-
ment 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
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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).
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113
(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 2021 through 2031.
(e) REPORT.—Not later than 60 days after the date of enactment
of this Act, and annually thereafter for 2 years, the Secretary shall
submit a report on progress made in carrying out subsection (a)
to—
(1) the Subcommittee on Energy and Water Development of
the Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development
and Related Agencies of the Committee on Appropriations of
the House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate; and
(4) the Committee on Energy and Commerce of the House of
Representatives.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BLUNT
ROCHESTER OF DELAWARE OR HER DESIGNEE
Page 1547, after line 5, insert the following new chapter:
CHAPTER 10—CLIMATE ACTION PLANNING FOR PORTS
SEC. 33191. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT
PORTS.
(a) GRANTS.—The Administrator of the Environmental Protection
Agency may award grants to eligible entities—
(1) to implement plans to reduce greenhouse gas emissions
at one or more ports or port facilities within the jurisdictions
of the respective eligible entities; and
(2) to develop climate action plans described in subsection
(b)(2).
(b) APPLICATION.—
(1) IN GENERAL.—To seek a grant under this section, an eligi-
ble entity shall submit an application to the Administrator of
the Environmental Protection Agency at such time, in such
manner, and containing such information and assurances as
the Administrator may require.
(2) CLIMATE ACTION PLAN.—At a minimum, each such appli-
cation shall contain—
(A) a detailed and strategic plan, to be known as a cli-
mate action plan, that outlines how the eligible entity will
develop and implement climate change mitigation or adap-
tation measures through the grant; or
(B) a request pursuant to subsection (a)(2) for funding
for the development of a climate action plan.
(3) REQUIRED COMPONENTS.—A climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant—
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(A) will reduce greenhouse gas emissions at the port or
port facilities involved pursuant to greenhouse gas emis-
sion reduction goals set forth in the climate action plan;
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114
(B) will reduce other air pollutants at the port or port
facilities involved pursuant to criteria pollutant emission
reduction goals set forth in the climate action plan;
(C) will implement emissions accounting and inventory
practices to determine baseline emissions and measure
progress; and
(D) will ensure labor protections for workers employed
directly at the port or port facilities involved, including
by—
(i) demonstrating that implementation of the meas-
ures proposed to be implemented through the grant
will not result in a net loss of jobs at the port or port
facilities involved;
(ii) ensuring that laborers and mechanics employed
by contractors and subcontractors on construction
projects to implement the plan will be paid wages not
less than those prevailing on similar construction in
the locality, as determined by the Secretary of Labor
under sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code; and
(iii) requiring any projects initiated to carry out the
plan with total capital costs of $1,000,000 or greater
to utilize a project labor agreement and not impact
any preexisting project labor agreement.
(4) OTHER COMPONENTS.—In addition to the components re-
quired by paragraph (3), a climate action plan under para-
graph (2) shall demonstrate that the measures proposed to be
implemented through the grant will do at least 2 of the fol-
lowing:
(A) Improve energy efficiency at a port or port facility,
including by using—
(i) energy-efficient vehicles, such as hybrid, low-
emission, or zero-emission vehicles;
(ii) energy efficient cargo-handling, harbor vessels,
or storage facilities such as energy-efficient refrigera-
tion equipment;
(iii) energy-efficient lighting;
(iv) shore power; or
(v) other energy efficiency improvements.
(B) Deploy technology or processes that reduce idling of
vehicles at a port or port facility.
(C) Reduce the direct emissions of greenhouse gases and
other air pollutants with a goal of achieving zero emis-
sions, including by replacing and retrofitting equipment
(including vehicles onsite, cargo-handling equipment, or
harbor vessels) at a port or port facility.
(5) PROHIBITED USE.—An eligible entity may not use a grant
provided under this section—
(A) to purchase fully automated cargo handling equip-
ment;
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(B) to build, or plan to build, terminal infrastructure
that is designed for fully automated cargo handling equip-
ment;
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115
(C) to purchase, test, or develop highly automated
trucks, chassis, or any related equipment that can be used
to transport containerized freight; or
(D) to utilize any independent contractor, independent
owner-operator, or other entity that does not use employ-
ees to perform any work on the port or port facilities.
(6) COORDINATION WITH STAKEHOLDERS.—In developing a cli-
mate action plan under paragraph (2), an eligible entity shall—
(A) identify and collaborate with stakeholders who may
be affected by the plan, including local environmental jus-
tice communities and other near-port communities;
(B) address the potential cumulative effects of the plan
on stakeholders when those effects may have a commu-
nity-level impact; and
(C) ensure effective advance communication with stake-
holders to avoid and minimize conflicts.
(c) PRIORITY.—In awarding grants under this section, the Admin-
istrator of the Environmental Protection Agency shall give priority
to applicants proposing—
(1) to strive for zero emissions as a key strategy within the
grantee’s climate action plan under paragraph (2);
(2) to take a regional approach to reducing greenhouse gas
emissions at ports;
(3) to collaborate with near-port communities to identify and
implement mutual solutions to reduce air pollutants at ports or
port facilities affecting such communities, with emphasis given
to implementation of such solutions in near-port communities
that are environmental justice communities;
(4) to implement activities with off-site benefits, such as by
reducing air pollutants from vehicles, equipment, and vessels
at sites other than the port or port facilities involved; and
(5) to reduce localized health risk pursuant to health risk re-
duction goals that are set within the grantee’s climate action
plan under paragraph (2).
(d) MODEL METHODOLOGIES.—The Administrator of the Environ-
mental Protection Agency shall—
(1) develop model methodologies which grantees under this
section may choose to use for emissions accounting and inven-
tory practices referred to in subsection (b)(3)(C); and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution at near-port communities.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Administrator’’ means the Administrator of the
Environmental Protection Agency.
(2) 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.
(3) The term ‘‘eligible entity’’ means—
(A) a port authority;
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(B) a State, regional, local, or Tribal agency that has ju-
risdiction over a port authority or a port;
(C) an air pollution control district; or
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116
(D) a private entity (including any nonprofit organiza-
tion) that—
(i) applies for a grant under this section in collabora-
tion with an entity described in subparagraph (A), (B),
or (C) ; and
(ii) owns, operates, or uses a port facility, cargo
equipment, transportation equipment, related tech-
nology, or a warehouse facility at a port or port facil-
ity.
(4) The term ‘‘environmental justice community’’ means a
community with significant representation of communities of
color, low-income communities, or Tribal and indigenous com-
munities, that experiences, or is at risk of experiencing, higher
or more adverse human health or environmental effects.
(5) The term ‘‘harbor vessel’’ includes a ship, boat, lighter, or
maritime vessel designed for service at and around harbors
and ports.
(6) The term ‘‘inland port’’ means a logistics or distribution
hub that is located inland from navigable waters, where cargo,
such as break-bulk cargo or cargo in shipping containers, is
processed, stored, and transferred between trucks, rail cars, or
aircraft.
(7) The term ‘‘port’’ includes an inland port.
(8) The term ‘‘stakeholder’’—
(9) The term ‘‘stakeholder’’ means residents, community
groups, businesses, business owners, labor unions, commission
members, or groups from which a near-port community draws
its resources that—
(A) have interest in the climate action plan of a grantee
under this section; or
(B) can affect or be affected by the objectives and policies
of such a climate action plan.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—To carry out this section, there is author-
ized to be appropriated $250,000,000 for each of fiscal years
2021 through 2025.
(2) DEVELOPMENT OF CLIMATE ACTION PLANS.—In addition to
the authorization of appropriations in paragraph (1), there is
authorized to be appropriated for grants pursuant to sub-
section (a)(2) to develop climate action plans $50,000,000 for
fiscal year 2021, to remain available until expended.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRINDISI
OF NEW YORK OR HIS DESIGNEE
Page 1239, strike lines 10 and 11 and insert the following:
(G) How competition impacts the price of broadband
service, including the impact of monopolistic business prac-
tices by broadband service providers.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRINDISI
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OF NEW YORK OR HIS DESIGNEE
Page 1236, after line 19, insert the following:
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117
(E) The extent to which residents of the United States
that received broadband service as a result of Federal
broadband service support programs and the Universal
Service Fund programs received such service at the
download and upload speeds required by such programs.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRAIG OF
MINNESOTA OR HER DESIGNEE
Page 1400, after line 2, insert the following:
(c) REPEAL OF DECLARATORY RULING AND PROHIBITION ON USE
OF NPRM.—The Notice of Proposed Rulemaking and Declaratory
Ruling in the matter of improving competitive broadband access to
multiple tenant environments and petition for preemption of Arti-
cle 52 of the San Francisco Police Code filed by the Multifamily
Broadband Council that was adopted by the Commission on July
10, 2019 (FCC 19–65), shall have no force or effect and the Com-
mission may not rely on such Notice of Proposed Rulemaking to
satisfy the requirements of section 553 of title 5, United States
Code, for adopting, amending, revoking, or otherwise modifying any
rule (as defined in section 551 of such title) of the Commission.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
CUNNINGHAM OF SOUTH CAROLINA OR HIS DESIGNEE
Page 1678, line 10, after ‘‘public health emergency preparedness’’
insert ‘‘, natural disaster emergency preparedness, flood mitiga-
tion,’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
CUNNINGHAM OF SOUTH CAROLINA OR HIS DESIGNEE
Page 1886, after line 16, insert the following:
SEC. 81238. REPORT ON FISH THAT INHABIT WATERS THAT CONTAIN
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) IN GENERAL.—The Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the Director of
the United States Fish and Wildlife Service, the Administrator of
the Environmental Protection Agency, the Director of the Centers
for Disease Control and Prevention, and the Director of the United
States Geological Survey, shall submit to Congress a report on the
impact of waters that contain perfluoroalkyl or polyfluoroalkyl sub-
stances on fish that—
(1) inhabit such waters; and
(2) are used for recreation or subsistence.
(b) CONTENT.—The report required by subsection (a) shall in-
clude information on the following:
(1) The concentration of perfluoroalkyl and polyfluoroalkyl
substances in fish that inhabit waters that contain such sub-
stances.
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(2) The health risks posed to persons who frequently con-
sume fish that inhabit waters that contain perfluoroalkyl or
polyfluoroalkyl substances.
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118
(3) The risks to natural predators of fish that inhabit waters
that contain perfluoroalkyl or polyfluoroalkyl substances, in-
cluding dolphins.
(4) Measures that can be taken to mitigate the risks de-
scribed in paragraphs (2) and (3).
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DINGELL
OF MICHIGAN OR HER DESIGNEE
Page 1547, after line 5, insert the following new chapter:
CHAPTER 10—CLEAN ENERGY AND SUSTAINABILITY
ACCELERATOR
SEC. 33191. 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 sec-
tion 1622.
‘‘(2) BOARD.—The term ‘Board’ means the Board of Directors
of the Accelerator.
‘‘(3) CHIEF EXECUTIVE OFFICER.—The term ‘chief executive of-
ficer’ 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 geographi-
cally distinct area the population of color of which is high-
er 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 cli-
mate change;
‘‘(C) distressed neighborhoods, demonstrated by indica-
tors of need, including poverty, childhood obesity rates,
academic failure, and rates of juvenile delinquency, adju-
dication, 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 in-
come of the area in which the household is located, as
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reported by the Department of Housing and Urban
Development; and
‘‘(ii) 200 percent of the Federal poverty line; and
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119
‘‘(F) rural areas, which include any area other than—
‘‘(i) a city or town that has a population of greater
than 50,000 inhabitants; and
‘‘(ii) any urbanized area contiguous and adjacent to
a city or town described in clause (i).
‘‘(5) CLIMATE RESILIENT INFRASTRUCTURE.—The term ‘climate
resilient infrastructure’ means any project that builds or en-
hances 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, tech-
nology, 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 chari-
table contributions; and
‘‘(E) invests or finances projects—
‘‘(i) alone; or
‘‘(ii) in conjunction with other investors.
‘‘(10) QUALIFIED PROJECTS.—The terms ‘qualified projects’
means the following kinds of technologies and activities that
are eligible for financing and investment from the Clean En-
ergy and Sustainability Accelerator, either directly or through
State and local green banks funded by the Clean Energy and
Sustainability Accelerator:
‘‘(A) Renewable energy generation, including the fol-
lowing:
‘‘(i) Solar.
‘‘(ii) Wind.
‘‘(iii) Geothermal.
‘‘(iv) Hydropower.
‘‘(v) Ocean and hydrokinetic.
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‘‘(vi) Fuel cell.
‘‘(B) Building energy efficiency, fuel switching, and elec-
trification.
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120
‘‘(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 infrastruc-
ture.
‘‘(G) Climate resilient infrastructure.
‘‘(H) Any other key areas identified by the Board as con-
sistent with the mandate of the Accelerator as described in
section 1623.
‘‘(11) RENEWABLE ENERGY GENERATION.—The term ‘renew-
able 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 enact-
ment of this subtitle, there shall be established a nonprofit corpora-
tion to be known as the ‘Clean Energy and Sustainability Accel-
erator’.
‘‘(b) LIMITATION.—The Accelerator shall not be an agency or in-
strumentality 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 sta-
tus 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 tech-
nologies 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 Fed-
eral investment and supporting a more robust marketplace for
clean technologies, while avoiding competition with private in-
vestment;
‘‘(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
‘‘(4) providing support for workers and communities im-
pacted by the transition to a low-carbon economy;
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‘‘(5) supporting the creation of green banks within the United
States where green banks do not exist; and
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‘‘(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 fi-
nance and investment division, which shall be responsible for—
‘‘(1) the Accelerator’s greenhouse gas emissions mitigation ef-
forts by directly financing qualifying projects or doing so indi-
rectly by providing capital to State and local green banks;
‘‘(2) originating, evaluating, underwriting, and closing the
Accelerator’s financing and investment transactions in quali-
fied 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 underpene-
trated 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 Accel-
erator;
‘‘(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 invest-
ment 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 AND LOCAL GREEN BANK CAPITALIZATION.—The fi-
nance and investment division of the Accelerator shall make cap-
ital available to State and local green banks to enable such banks
to finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct invest-
ment by the Accelerator.
‘‘(d) INVESTMENT COMMITTEE.—The debt, risk mitigation, and eq-
uity 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 es-
tablished by the investment committee of the Board in con-
sultation 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
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subdivisions, including by working with relevant stakeholders in
those States and political subdivisions.
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‘‘SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE
FINANCING PROGRAM.
‘‘Not later than 1 year after the date of establishment of the Ac-
celerator, the Accelerator shall explore the establishment of a pro-
gram to provide low- and zero-interest loans, up to 30 years in
length, to any school, metropolitan planning organization, or non-
profit 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 maxi-
mize the reduction of emissions in the United States for every dol-
lar 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 provi-
sion of program benefits and investment activity that are ex-
pected to directly or indirectly result in the deployment of
projects to serve, as a matter of official policy, climate-im-
pacted communities.
‘‘(2) MINIMUM PERCENTAGE.—The Accelerator shall ensure
that over the 30-year period of its charter 20 percent of its in-
vestment activity is directed to serve climate-impacted commu-
nities.
‘‘(c) CONSUMER PROTECTION.—
‘‘(1) PRIORITIZATION.—Consistent with mandate under sec-
tion 1623 to maximize the reduction of emissions in the United
States for every dollar deployed by the Accelerator, the Accel-
erator 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 construc-
tion 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 en-
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sure that projects financed directly by the Accelerator with
total capital costs of $100,000,000 or greater utilize a project
labor agreement.
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‘‘SEC. 1628. BOARD OF DIRECTORS.
‘‘(a) IN GENERAL.—The Accelerator shall operate under the direc-
tion 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 ap-
pointed 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 mem-
bers 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 dis-
qualified 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 collec-
tively have expertise in—
‘‘(1) the fields of clean energy, electric utilities, industrial
decarbonization, clean transportation, resiliency, and agri-
culture 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
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‘‘(B) prescribe the duties of those officers.
‘‘(h) VACANCIES.—Any vacancy on the Board shall be filled
through election by the Board.
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‘‘(i) INTERIM APPOINTMENTS.—A member elected to fill a vacancy
occurring before the expiration of the term for which the prede-
cessor 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 ad-
visory 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 environ-
ment, 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 en-
vironmental nongovernmental organization community, ex-
cept that no 2 members may be from the same environ-
mental organization;
‘‘(D) not fewer than 2 shall be representatives of the en-
vironmental justice nongovernmental organization commu-
nity, except that no 2 members may be from the same en-
vironmental organization;
‘‘(E) not fewer than 2 shall be representatives of the con-
sumer 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 fi-
nancial services industry with knowledge of and experi-
ence 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.
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‘‘(4) DUTIES.—The advisory committee shall—
‘‘(A) advise the Accelerator on the programs undertaken
by the Accelerator; and
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‘‘(B) submit to the Congress an annual report with com-
ments from the advisory committee on the extent to which
the Accelerator is meeting the mandate described in sec-
tion 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 sec-
tion 1631, shall develop, implement, and manage a comprehen-
sive process for identifying, assessing, monitoring, and limiting
risks to the Accelerator, including the overall portfolio diver-
sification of the Accelerator.
‘‘SEC. 1629. ADMINISTRATION.
‘‘(a) CAPITALIZATION.—
‘‘(1) IN GENERAL.—To the extent and in the amounts pro-
vided in advance in appropriations Acts, the Secretary of En-
ergy shall transfer to the Accelerator—
‘‘(A) $10,000,000,000 on the date on which the Accel-
erator 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 Ac-
celerator 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) OPERATIONAL FUNDS.—To sustain operations, the Accelerator
shall manage revenue from financing fees, interest, repaid loans,
and other types of funding.
‘‘(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 mobi-
lization 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 1630—
‘‘(A) a risk management committee; and
‘‘(B) an audit committee.
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‘‘SEC. 1630. 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 es-
tablish a risk management committee and an audit committee.
‘‘(b) DUTIES AND RESPONSIBILITIES OF RISK MANAGEMENT COM-
MITTEE.—Subject to the direction of the Board, the risk manage-
ment committee established under subsection (a) shall establish
policies for and have oversight responsibility for—
‘‘(1) formulating the risk management policies of the oper-
ations 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 fi-
nancial 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.—Sub-
ject 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 Accel-
erator;
‘‘(3) the performance of the internal audit function of the Ac-
celerator; and
‘‘(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
‘‘SEC. 1631. OVERSIGHT.
‘‘(a) EXTERNAL OVERSIGHT.—The inspector general of the Depart-
ment of Energy shall have oversight responsibilities over the Accel-
erator.
‘‘(b) REPORTS AND AUDIT.—
‘‘(1) ANNUAL REPORT.—The Accelerator shall publish an an-
nual report which shall be transmitted by the Accelerator to
the President and the Congress.
‘‘(2) ANNUAL AUDIT OF ACCOUNTS.—The accounts of the Accel-
erator shall be audited annually. Such audits shall be con-
ducted in accordance with generally accepted auditing stand-
ards by independent certified public accountants who are cer-
tified 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 Accel-
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erator for any fiscal year during which Federal funds are avail-
able to finance any portion of its operations may be audited by
the Government Accountability Office in accordance with such
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rules and regulations as may be prescribed by the Comptroller
General of the United States.
‘‘SEC. 1632. MAXIMUM CONTINGENT LIABILITY.
‘‘The maximum contingent liability of the Accelerator that may
be outstanding at any time shall be not more than $70,000,000,000
in the aggregate.’’.
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOSTER OF
ILLINOIS OR HIS DESIGNEE
In section 33114(b), strike paragraph (2) and insert the following:
(2) ADDITIONAL REQUIREMENTS.—In establishing the program
under paragraph (1), the Secretary shall—
(A) identify and coordinate across all relevant program
offices throughout the Department of Energy key areas of
existing and future research with respect to a portfolio of
technologies and approaches;
(B) adopt long-term cost, performance, and demonstra-
tion targets for different types of energy storage systems
and for use in a variety of regions, including rural areas;
(C) incorporate considerations of sustainability, sourcing,
recycling, reuse, and disposal of materials, including crit-
ical elements, in the design of energy storage systems;
(D) identify energy storage duration needs;
(E) analyze the need for various types of energy storage
to improve electric grid resilience and reliability; and
(F) support research and development of advanced man-
ufacturing technologies that have the potential to improve
United States competitiveness in energy storage manufac-
turing.
(3) ESTABLISHMENT.—
(A) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish
within the Office of Electricity of the Department of En-
ergy a research, development, and demonstration program
of grid-scale energy storage systems, in accordance with
this subsection.
(B) GOALS, PRIORITIES, COST TARGETS.—The Secretary
shall develop goals, priorities, and cost targets for the pro-
gram.
(4) STRATEGIC PLAN.—
(A) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Science, Space, and Tech-
nology of the House of Representatives a 10-year strategic
plan for the program.
(B) CONTENTS.—The strategic plan submitted under sub-
paragraph (A) shall—
(i) identify Department of Energy programs that—
(I) support the research and development activi-
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ties described in paragraph (5) and the dem-
onstration projects under paragraph (3) under
subsection (e); and
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