[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Enrolled Bill (ENR)]
H.R.3684
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Infrastructure
Investment and Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A--SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects
program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C--Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written
agreements.
Sec. 11314. State assumption of responsibility for categorical
exclusions.
Sec. 11315. Early utility relocation prior to transportation project
environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian
land.
Sec. 11319. Annual report.
Subtitle D--Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E--Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through
public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and
infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway
rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project
selection.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of
Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV--INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation
facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight
Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B--Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant
program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development
eligibility.
TITLE II--RAIL
Sec. 22001. Short title.
Subtitle A--Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements
grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail
grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance
routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C--Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail
grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D--Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and
certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system
performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident
investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service
in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III--MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement
coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm
supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's
licenses.
Sec. 23020. Report on human trafficking violations involving commercial
motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety
regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating
to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B--Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and
enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9-1-1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V--RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory
Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation
grant program.
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic
success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic
plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant
program.
Sec. 26003. Real-time emergency response information.
TITLE VII--GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of
the Department.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C--TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety,
accountability, and investment.
DIVISION D--ENERGY
Sec. 40001. Definitions.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the
electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research,
development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing
authority.
Sec. 40111. Study of codes and standards for use of energy storage
systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life
applications for grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B--Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation
Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life
applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and
innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental
Shelf.
Sec. 40308. Carbon removal.
Subtitle B--Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C--Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear
reactors.
Sec. 40322. Property interests relating to certain projects and
protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D--Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and
system reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using
multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power
privilege.
Subtitle E--Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former
mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related
purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Subtitle B--Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the
electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals
used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity
sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C--Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification
of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and
impacts on consumer energy costs due to the revocation of the
permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric
vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant
program.
Sec. 40503. Energy auditor training grant program.
Subtitle B--Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and
resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C--Industrial Energy Efficiency
PART I--Industry
Sec. 40521. Future of industry program and industrial research and
assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II--Smart Manufacturing
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D--Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E--Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics
in the energy, energy efficiency, and motor vehicle sectors of
the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation
Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste
heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII--ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of
appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed
mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX--WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling
and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal
recovery funds to meet a non-Federal matching requirement for
authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer
storage, and water source substitution projects.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI--WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII--MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
Sec. 50002. Definition of Administrator.
TITLE I--DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure
resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II--CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability
program.
Sec. 50206. Small and medium publicly owned treatment works circuit
rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant
program.
Sec. 50208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals
with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III--DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 60307. General provisions.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V--BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications
industry.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II--WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III--REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned
events.
Sec. 70303. Report.
TITLE IV--RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling
guidelines.
Sec. 70402. Consumer recycling education and outreach grant program;
Federal procurement.
TITLE V--BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in
construction and consumer products.
TITLE VI--CYBERSECURITY
Subtitle A--Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B--State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle A--Build America, Buy America
Sec. 70901. Short title.
PART I--Buy America Sourcing Requirements
Sec. 70911. Findings.
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting
Department of Transportation Buy America requirements.
Sec. 70917. Application.
PART II--Make It in America
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B--BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C--Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically
manufactured personal protective equipment.
TITLE X--ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating,
constructing, and expanding certain facilities.
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II--CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise
taxes.
TITLE III--CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV--BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway
or surface freight transportation facilities.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in
the case of taxpayers affected by Federally declared
disasters.
Sec. 80502. Modifications of rules for postponing certain acts by reason
of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of
significant fires.
TITLE VI--OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the
capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers
subject to closure due to COVID-19.
DIVISION I--OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year
2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or
single-use package drugs payable under part B of the Medicare
program to provide refunds with respect to discarded amounts
of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating
the anti-kickback statute safe harbor protection for
prescription drug rebates.
Sec. 90007. Rescission of COVID-19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J--APPROPRIATIONS
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V--DEPARTMENT OF HOMELAND SECURITY
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
DIVISION K--MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B--Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center
program.
Sec. 100116. Publicity.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and
entrepreneurship.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority
business enterprises.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--SURFACE TRANSPORTATION
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Surface Transportation
Reauthorization Act of 2021''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 10003. EFFECTIVE DATE.
Except as otherwise provided, this division and the amendments made
by this division take effect on October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation block grant program under section
133 of that title, the highway safety improvement program under
section 148 of that title, the congestion mitigation and air
quality improvement program under section 149 of that title, the
national highway freight program under section 167 of that title,
the carbon reduction program under section 175 of that title, to
carry out subsection (c) of the PROTECT program under section 176
of that title, and to carry out section 134 of that title--
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code, $250,000,000 for each of fiscal years
2022 through 2026.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code--
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands transportation
program under section 203 of title 23, United States Code--
(I) $421,965,000 for fiscal year 2022;
(II) $429,965,000 for fiscal year 2023;
(III) $438,965,000 for fiscal year 2024;
(IV) $447,965,000 for fiscal year 2025; and
(V) $455,965,000 for fiscal year 2026.
(ii) Allocation.--Of the amount made available for a
fiscal year under clause (i)--
(I) the amount for the National Park Service is--
(aa) $332,427,450 for fiscal year 2022;
(bb) $338,867,450 for fiscal year 2023;
(cc) $346,237,450 for fiscal year 2024;
(dd) $353,607,450 for fiscal year 2025; and
(ee) $360,047,450 for fiscal year 2026;
(II) the amount for the United States Fish and
Wildlife Service is $36,000,000 for each of fiscal
years 2022 through 2026; and
(III) the amount for the Forest Service is--
(aa) $24,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $26,000,000 for fiscal year 2024;
(dd) $27,000,000 for fiscal year 2025; and
(ee) $28,000,000 for fiscal year 2026.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code--
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code--
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) Nationally significant freight and highway projects.--For
nationally significant freight and highway projects under section
117 of title 23, United States Code--
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) Other Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Bridge investment program.--To carry out the bridge
investment program under section 124 of title 23, United States
Code--
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) Congestion relief program.--To carry out the congestion
relief program under section 129(d) of title 23, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(C) Charging and fueling infrastructure grants.--To carry
out section 151(f) of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) Rural surface transportation grant program.--To carry
out the rural surface transportation grant program under
section 173 of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT grants.--
(i) In general.--To carry out subsection (d) of the
PROTECT program under section 176 of title 23, United
States Code, for each of fiscal years 2022 through 2026--
(I) $250,000,000 for fiscal year 2022;
(II) $250,000,000 for fiscal year 2023;
(III) $300,000,000 for fiscal year 2024;
(IV) $300,000,000 for fiscal year 2025; and
(V) $300,000,000 for fiscal year 2026.
(ii) Allocation.--Of the amounts made available under
clause (i)--
(I) for planning grants under paragraph (3) of that
subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026;
(II) for resilience improvement grants under
paragraph (4)(A) of that subsection--
(aa) $175,000,000 for fiscal year 2022;
(bb) $175,000,000 for fiscal year 2023;
(cc) $210,000,000 for fiscal year 2024;
(dd) $210,000,000 for fiscal year 2025; and
(ee) $210,000,000 for fiscal year 2026;
(III) for community resilience and evacuation route
grants under paragraph (4)(B) of that subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026; and
(IV) for at-risk coastal infrastructure grants
under paragraph (4)(C) of that subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026.
(F) Reduction of truck emissions at port facilities.--
(i) In general.--To carry out the reduction of truck
emissions at port facilities under section 11402,
$50,000,000 for each of fiscal years 2022 through 2026.
(ii) Treatment.--Amounts made available under clause
(i) shall be available for obligation in the same manner as
if those amounts were apportioned under chapter 1 of title
23, United States Code.
(G) Nationally significant federal lands and tribal
projects.--
(i) In general.--To carry out the nationally
significant Federal lands and tribal projects program under
section 1123 of the FAST Act (23 U.S.C. 201 note; Public
Law 114-94), $55,000,000 for each of fiscal years 2022
through 2026.
(ii) Treatment.--Amounts made available under clause
(i) shall be available for obligation in the same manner as
if those amounts were apportioned under chapter 1 of title
23, United States Code.
(2) General fund.--
(A) Bridge investment program.--
(i) In general.--In addition to amounts made available
under paragraph (1)(A), there are authorized to be
appropriated to carry out the bridge investment program
under section 124 of title 23, United States Code--
(I) $600,000,000 for fiscal year 2022;
(II) $640,000,000 for fiscal year 2023;
(III) $650,000,000 for fiscal year 2024;
(IV) $675,000,000 for fiscal year 2025; and
(V) $700,000,000 for fiscal year 2026.
(ii) Allocation.--Amounts made available under clause
(i) shall be allocated in the same manner as if made
available under paragraph (1)(A).
(B) Nationally significant federal lands and tribal
projects program.--In addition to amounts made available under
paragraph (1)(G), there is authorized to be appropriated to
carry out section 1123 of the FAST Act (23 U.S.C. 201 note;
Public Law 114-94) $300,000,000 for each of fiscal years 2022
through 2026.
(C) Healthy streets program.--There is authorized to be
appropriated to carry out the Healthy Streets program under
section 11406 $100,000,000 for each of fiscal years 2022
through 2026.
(D) Transportation resilience and adaptation centers of
excellence.--There is authorized to be appropriated to carry
out section 520 of title 23, United States Code, $100,000,000
for each of fiscal years 2022 through 2026.
(E) Open challenge and research proposal pilot program.--
There is authorized to be appropriated to carry out the open
challenge and research proposal pilot program under section
13006(e) $15,000,000 for each of fiscal years 2022 through
2026.
(c) Research, Technology, and Education Authorizations.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $147,000,000
for each of fiscal years 2022 through 2026.
(B) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$110,000,000 for each of fiscal years 2022 through 2026.
(C) Training and education.--To carry out section 504 of
title 23, United States Code--
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$110,000,000 for each of fiscal years 2022 through 2026.
(E) University transportation centers program.--To carry
out section 5505 of title 49, United States Code--
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code--
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) Administration.--The Federal Highway Administration shall--
(A) administer the programs described in subparagraphs (A),
(B), and (C) of paragraph (1); and
(B) in consultation with relevant modal administrations,
administer the programs described in paragraph (1)(D).
(3) Applicability of title 23, united states code.--Amounts
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this
division (including the amendments by this division) or
otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this division.
(d) Pilot Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Wildlife crossings pilot program.--For the wildlife
crossings pilot program under section 171 of title 23, United
States Code--
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) Prioritization process pilot program.--
(A) In general.--For the prioritization process pilot
program under section 11204, $10,000,000 for each of fiscal
years 2022 through 2026.
(B) Treatment.--Amounts made available under subparagraph
(A) shall be available for obligation in the same manner as if
those amounts were apportioned under chapter 1 of title 23,
United States Code.
(3) Reconnecting communities pilot program.--
(A) Planning grants.--For planning grants under the
reconnecting communities pilot program under section 11509(c),
$30,000,000 for each of fiscal years 2022 through 2026.
(B) Capital construction grants.--For capital construction
grants under the reconnecting communities pilot program under
section 11509(d)--
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) Treatment.--Amounts made available under subparagraph
(A) or (B) shall be available for obligation in the same manner
as if those amounts were apportioned under chapter 1 of title
23, United States Code, except that those amounts shall remain
available until expended.
(e) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise program,
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned businesses
seeking to do business in Federally assisted surface
transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business enterprise
program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation in
surface transportation-related businesses of women business
owners and minority business owners and has impacted firm
development and many aspects of surface transportation-related
business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection:
(A) Small business concern.--
(i) In general.--The term ``small business concern''
means a small business concern (as the term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern''
does not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal years
in excess of $26,290,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the extent
that the Secretary determines otherwise, not less than 10 percent
of the amounts made available for any program under this division
(other than section 14004), division C, and section 403 of title
23, United States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--Each
State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for the
purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(7) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive funds
made available under this division, division C, and section 403 of
title 23, United States Code, if the entity or person is prevented,
in whole or in part, from complying with paragraph (3) because a
Federal court issues a final order in which the court finds that a
requirement or the implementation of paragraph (3) is
unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code of
Federal Regulations (the disadvantaged business enterprises
prompt payment rule), or any corresponding regulation, in
awarding Federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing the
ability of the Department to track and keep records of
complaints and to make that information publicly available.
SEC. 11102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
(12) section 119 of title 23, United States Code (as in effect
for fiscal years 2013 through 2015, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in effect
for fiscal years 2016 through 2021, but only in an amount equal to
$639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2022 through 2026, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated balance
of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (13) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(14) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under this division and title 23, United States Code, or
apportioned by the Secretary under section 202 or 204 of that
title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(14) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2022 through 2026--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of MAP-21 (Public
Law 112-141; 126 Stat. 405)) and 104 of title 23, United States
Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried out
under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for each
of fiscal years 2022 through 2026, the Secretary shall distribute
to the States any funds (excluding funds authorized for the program
under section 202 of title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for the fiscal year because of the imposition
of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting ``assessing
resilience,'' after ``surveying,'';
(B) in subparagraph (G), by striking ``and'' at the end;
(C) by redesignating subparagraph (H) as subparagraph (I);
and
(D) by inserting after subparagraph (G) the following:
``(H) improvements that reduce the number of wildlife-
vehicle collisions, such as wildlife crossing structures;
and'';
(2) by redesignating paragraphs (17) through (34) as paragraphs
(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),
(30), (31), (32), (33), (34), (35), and (36), respectively;
(3) by inserting after paragraph (16) the following:
``(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses, restores, or
emulates natural ecological processes and--
``(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
``(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
``(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to attenuate
flooding and storm surges, and for other related purposes.'';
(4) by inserting after paragraph (23) (as so redesignated) the
following:
``(24) Resilience.--The term `resilience', with respect to a
project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability--
``(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
``(ii) to reduce the magnitude or duration of impacts of a
disruptive weather event or natural disaster on a project; and
``(B) to have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to weather
events or other natural disasters.''; and
(5) in subparagraph (A) of paragraph (32) (as so
redesignated)--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``through the implementation'' and
inserting the following: ``through--
``(i) the implementation''; and
(C) by adding at the end the following:
``(ii) the consideration of incorporating natural
infrastructure.''.
SEC. 11104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended by striking subparagraphs (A) through (E) and
inserting the following:
``(A) $490,964,697 for fiscal year 2022;
``(B) $500,783,991 for fiscal year 2023;
``(C) $510,799,671 for fiscal year 2024;
``(D) $521,015,664 for fiscal year 2025; and
``(E) $531,435,977 for fiscal year 2026.''.
(b) Division Among Programs of State Share.--Section 104(b) of
title 23, United States Code, is amended in subsection (b)--
(1) in the matter preceding paragraph (1), by inserting ``the
carbon reduction program under section 175, to carry out subsection
(c) of the PROTECT program under section 176,'' before ``and to
carry out section 134'';
(2) in paragraph (1), by striking ``63.7 percent'' and
inserting ``59.0771195921461 percent'';
(3) in paragraph (2), by striking ``29.3 percent'' and
inserting ``28.7402203421251 percent'';
(4) in paragraph (3), by striking ``7 percent'' and inserting
``6.70605141316253 percent'';
(5) by striking paragraph (4) and inserting the following:
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and air
quality improvement program, an amount determined for the State
under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the congestion
mitigation and air quality improvement program for all States
shall be--
``(i) $2,536,490,803 for fiscal year 2022;
``(ii) $2,587,220,620 for fiscal year 2023;
``(iii) $2,638,965,032 for fiscal year 2024;
``(iv) $2,691,744,332 for fiscal year 2025; and
``(v) $2,745,579,213 for fiscal year 2026.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total amount for the
congestion mitigation and air quality improvement program under
subparagraph (B) so that each State receives an amount equal to
the proportion that--
``(i) the amount apportioned to the State for the
congestion mitigation and air quality improvement program
for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned to all
States for that program for fiscal year 2020.'';
(6) in paragraph (5)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Total amount.--The total amount set aside for the
national highway freight program for all States shall be--
``(i) $1,373,932,519 for fiscal year 2022;
``(ii) $1,401,411,169 for fiscal year 2023;
``(iii) $1,429,439,392 for fiscal year 2024;
``(iv) $1,458,028,180 for fiscal year 2025; and
``(v) $1,487,188,740 for fiscal year 2026.''; and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
``(6) Metropolitan planning.--
``(A) In general.--To carry out section 134, an amount
determined for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for metropolitan
planning for all States shall be--
``(i) $ 438,121,139 for fiscal year 2022;
``(ii) $446,883,562 for fiscal year 2023;
``(iii) $455,821,233 for fiscal year 2024;
``(iv) $464,937,657 for fiscal year 2025; and
``(v) $474,236,409 for fiscal year 2026.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total amount to carry out
section 134 under subparagraph (B) so that each State receives
an amount equal to the proportion that--
``(i) the amount apportioned to the State to carry out
section 134 for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned to all
States to carry out section 134 for fiscal year 2020.
``(7) Carbon reduction program.--For the carbon reduction
program under section 175, 2.56266964565637 percent of the amount
remaining after distributing amounts under paragraphs (4), (5), and
(6).
``(8) PROTECT formula program.--To carry out subsection (c) of
the PROTECT program under section 176, 2.91393900690991 percent of
the amount remaining after distributing amounts under paragraphs
(4), (5), and (6).''.
(c) Calculation of Amounts.--Section 104(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``each of fiscal years 2016 through 2020'' and inserting
``fiscal year 2022 and each fiscal year thereafter'';
(B) in subparagraph (A)--
(i) by striking clause (i) and inserting the following:
``(i) the base apportionment; by''; and
(ii) in clause (ii)(I), by striking ``fiscal year
2015'' and inserting ``fiscal year 2021''; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Guaranteed amounts.--The initial amounts resulting
from the calculation under subparagraph (A) shall be adjusted
to ensure that each State receives an aggregate apportionment
that is--
``(i) equal to at least 95 percent of the estimated tax
payments paid into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal year for
which data are available that are--
``(I) attributable to highway users in the State;
and
``(II) associated with taxes in effect on July 1,
2019, and only up to the rate those taxes were in
effect on that date;
``(ii) at least 2 percent greater than the
apportionment that the State received for fiscal year 2021;
and
``(iii) at least 1 percent greater than the
apportionment that the State received for the previous
fiscal year.''; and
(2) in paragraph (2)--
(A) by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal year 2022 and each fiscal year thereafter'';
and
(B) by inserting ``the carbon reduction program under
section 175, to carry out subsection (c) of the PROTECT program
under section 176,'' before ``and to carry out section 134''.
(d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23,
United States Code, is amended by striking ``paragraphs (5)(D) and (6)
of subsection (b)'' each place it appears and inserting ``subsection
(b)(6)''.
(e) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by striking subsection (h).
(f) Base Apportionment Defined.--Section 104 of title 23, United
States Code, is amended--
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)--
(A) by striking ``means'' in the matter preceding paragraph
(1) and all that follows through ``the combined amount'' in
paragraph (1) and inserting ``means the combined amount'';
(B) by striking ``and to carry out section 134; minus'' and
inserting ``the carbon reduction program under section 175, to
carry out subsection (c) of the PROTECT program under section
176, and to carry out section 134.''; and
(C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for activities to increase the
resiliency of the National Highway System to mitigate the cost of
damages from sea level rise, extreme weather events, flooding,
wildfires, or other natural disasters.'';
(2) in subsection (d)(2), by adding at the end the following:
``(Q) Undergrounding public utility infrastructure carried
out in conjunction with a project otherwise eligible under this
section.
``(R) Resiliency improvements on the National Highway
System, including protective features described in subsection
(k)(2).
``(S) Implement activities to protect segments of the
National Highway System from cybersecurity threats.'';
(3) in subsection (e)(4)(D), by striking ``analysis'' and
inserting ``analyses, both of which shall take into consideration
extreme weather and resilience''; and
(4) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent of
the funds apportioned to the State under section 104(b)(1) for each
fiscal year for 1 or more protective features on a Federal-aid
highway or bridge not on the National Highway System, if the
protective feature is designed to mitigate the risk of recurring
damage or the cost of future repairs from extreme weather events,
flooding, or other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) includes--
``(A) raising roadway grades;
``(B) relocating roadways in a base floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) lengthening or raising bridges to increase waterway
openings;
``(F) increasing the size or number of drainage structures;
``(G) replacing culverts with bridges or upsizing culverts;
``(H) installing seismic retrofits on bridges;
``(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal, or
other hydraulic countermeasures, including spur dikes; and
``(J) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather events, flooding, or other natural disasters.
``(3) Savings provision.--Nothing in this subsection limits the
ability of a State to carry out a project otherwise eligible under
subsection (d) using funds apportioned under section 104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.''; and
(3) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking ``a facility that meets the current''
and inserting the following: ``a facility that--
``(i) meets the current''; and
(iii) by adding at the end the following:
``(ii) incorporates economically justifiable
improvements that will mitigate the risk of recurring
damage from extreme weather, flooding, and other natural
disasters.'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that is part
of a project under this section shall be an eligible expense
under this section if the improvement is a protective feature
that will mitigate the risk of recurring damage or the cost of
future repair from extreme weather, flooding, and other natural
disasters.
``(B) Protective features described.--A protective feature
referred to in subparagraph (A) includes--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to increase
waterway openings;
``(vi) increasing the size or number of drainage
structures;
``(vii) replacing culverts with bridges or upsizing
culverts;
``(viii) installing seismic retrofits on bridges;
``(ix) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur dikes;
and
``(x) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather, flooding, and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the first sentence, by inserting
``vehicle-to-infrastructure communication equipment,'' after
``breakaway utility poles,'';
(B) in subparagraph (3)(B)--
(i) in clause (v), by striking ``or'' at the end;
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
``(vi) contractual provisions that provide safety
contingency funds to incorporate safety enhancements to
work zones prior to or during roadway construction
activities; or''; and
(C) by adding at the end the following:
``(4) Pooled funding.--Notwithstanding any other provision of
law, the Secretary may waive the non-Federal share of the cost of a
project or activity under section 502(b)(6) that is carried out
with amounts apportioned under section 104(b)(2) after considering
appropriate factors, including whether--
``(A) decreasing or eliminating the non-Federal share would
best serve the interests of the Federal-aid highway program;
and
``(B) the project or activity addresses national or
regional high priority research, development, and technology
transfer problems in a manner that would benefit multiple
States or metropolitan planning organizations.'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``180 days'' and
inserting ``270 days''; and
(B) in paragraph (4), by striking ``permanent''; and
(3) by adding at the end the following:
``(l) Federal Share Flexibility Pilot Program.--
``(1) Establishment.--Not later than 180 days after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall establish a pilot program (referred to in
this subsection as the `pilot program') to give States additional
flexibility with respect to the Federal requirements under this
section.
``(2) Program.--
``(A) In general.--Notwithstanding any other provision of
law, a State participating in the pilot program (referred to in
this subsection as a `participating State') may determine the
Federal share on a project, multiple-project, or program basis
for projects under any of the following:
``(i) The national highway performance program under
section 119.
``(ii) The surface transportation block grant program
under section 133.
``(iii) The highway safety improvement program under
section 148.
``(iv) The congestion mitigation and air quality
improvement program under section 149.
``(v) The national highway freight program under
section 167.
``(vi) The carbon reduction program under section 175.
``(vii) Subsection (c) of the PROTECT program under
section 176.
``(B) Requirements.--
``(i) Maximum federal share.--Subject to clause (iii),
the Federal share of the cost of an individual project
carried out under a program described in subparagraph (A)
by a participating State and to which the participating
State is applying the Federal share requirements under the
pilot program may be up to 100 percent.
``(ii) Minimum federal share.--No individual project
carried out under a program described in subparagraph (A)
by a participating State and to which the participating
State is applying the Federal share requirements under the
pilot program shall have a Federal share of 0 percent.
``(iii) Determination.--The average annual Federal
share of the total cost of all projects authorized under a
program described in subparagraph (A) to which a
participating State is applying the Federal share
requirements under the pilot program shall be not more than
the average of the maximum Federal share of those projects
if those projects were not carried out under the pilot
program.
``(C) Selection.--
``(i) Application.--A State seeking to be a
participating State shall--
``(I) submit to the Secretary an application in
such form, at such time, and containing such
information as the Secretary may require; and
``(II) have in place adequate financial controls to
allow the State to determine the average annual Federal
share requirements under the pilot program.
``(ii) Requirement.--For each of fiscal years 2022
through 2026, the Secretary shall select not more than 10
States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) In General.--Section 130(e) of title 23, United States Code, is
amended--
(1) in the heading, by striking ``Protective Devices'' and
inserting ``Railway-Highway Grade Crossings''; and
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and the installation
of protective devices at railway-highway crossings'' in the
matter preceding clause (i) and all that follows through
``2020.'' in clause (v) and inserting the following: ``, the
installation of protective devices at railway-highway
crossings, the replacement of functionally obsolete warning
devices, and as described in subparagraph (B), not less than
$245,000,000 for each of fiscal years 2022 through 2026.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Reducing trespassing fatalities and injuries.--A
State may use funds set aside under subparagraph (A) for
projects to reduce pedestrian fatalities and injuries from
trespassing at grade crossings.''.
(b) Federal Share.--Section 130(f)(3) of title 23, United States
Code, is amended by striking ``90 percent'' and inserting ``100
percent''.
(c) Incentive Payments for At-grade Crossing Closures.--Section
130(i)(3)(B) of title 23, United States Code, is amended by striking
``$7,500'' and inserting ``$100,000''.
(d) Expenditure of Funds.--Section 130(k) of title 23, United
States Code, is amended by striking ``2 percent'' and inserting ``8
percent''.
(e) GAO Study.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of the effectiveness of
the railway-highway crossings program under section 130 of title 23,
United States Code.
(f) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department should,
where feasible, coordinate departmental efforts to prevent or reduce
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by adding ``or'' at the end;
(II) by striking ``facilities eligible'' and
inserting the following: ``facilities--
``(i) that are eligible''; and
(III) by adding at the end the following:
``(ii) that are privately or majority-privately owned,
but that the Secretary determines provide a substantial
public transportation benefit or otherwise meet the
foremost needs of the surface transportation system
described in section 101(b)(3)(D);'';
(ii) in subparagraph (E), by striking ``and'' at the
end;
(iii) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(G) wildlife crossing structures.'';
(B) in paragraph (3), by inserting ``148(a)(4)(B)(xvii),''
after ``119(g),'';
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13),
(20), (21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by striking
``railway-highway grade crossings'' and inserting ``projects
eligible under section 130 and installation of safety barriers
and nets on bridges'';
(E) in paragraph (7) (as so redesignated)--
(i) by inserting ``including the maintenance and
restoration of existing recreational trails,'' after
``section 206''; and
(ii) by striking ``the safe routes to school program
under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)'' and
inserting ``the safe routes to school program under section
208'';
(F) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) Projects and strategies designed to reduce the number of
wildlife-vehicle collisions, including project-related planning,
design, construction, monitoring, and preventative maintenance.
``(15) The installation of electric vehicle charging
infrastructure and vehicle-to-grid infrastructure.
``(16) The installation and deployment of current and emerging
intelligent transportation technologies, including the ability of
vehicles to communicate with infrastructure, buildings, and other
road users.
``(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation
technologies, such as magnetic levitation and hyperloop.
``(18) Protective features, including natural infrastructure,
to enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
``(19) Measures to protect a transportation facility otherwise
eligible for assistance under this section from cybersecurity
threats.''; and
(G) by adding at the end the following:
``(23) Rural barge landing, dock, and waterfront infrastructure
projects in accordance with subsection (j).
``(24) Projects to enhance travel and tourism.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``paragraphs (4) through
(11)'' and inserting ``paragraphs (5) through (15) and
paragraph (23)'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
``(4) for a bridge project for the replacement of a low water
crossing (as defined by the Secretary) with a bridge; and'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``reservation'' and inserting ``set aside''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``the percentage specified in paragraph (6) for a
fiscal year'' and inserting ``55 percent for each of
fiscal years 2022 through 2026''; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) in urbanized areas of the State with an
urbanized area population of not less than 50,000 and not
more than 200,000;
``(iii) in urban areas of the State with a population
not less than 5,000 and not more than 49,999; and
``(iv) in other areas of the State with a population
less than 5,000; and'';
(B) by striking paragraph (3) and inserting the following:
``(3) Local consultation.--
``(A) Consultation with metropolitan planning
organizations.--For purposes of clause (ii) of paragraph
(1)(A), a State shall--
``(i) establish a process to consult with all
metropolitan planning organizations in the State that
represent an urbanized area described in that clause; and
``(ii) describe how funds allocated for areas described
in that clause will be allocated equitably among the
applicable urbanized areas during the period of fiscal
years 2022 through 2026.
``(B) Consultation with regional transportation planning
organizations.--For purposes of clauses (iii) and (iv) of
paragraph (1)(A), before obligating funding attributed to an
area with a population less than 50,000, a State shall consult
with the regional transportation planning organizations that
represent the area, if any.''; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding subparagraph
(A), by striking ``fiscal years 2016 through 2020'' and inserting
``fiscal years 2022 through 2026'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``or low water crossing (as defined by
the Secretary)'' after ``a highway bridge''; and
(ii) by inserting ``or low water crossing (as defined
by the Secretary)'' after ``other than a bridge'';
(B) in paragraph (2)(A)--
(i) by striking ``activities described in subsection
(b)(2) for off-system bridges'' and inserting ``activities
described in paragraphs (1)(A) and (10) of subsection (b)
for off-system bridges, projects and activities described
in subsection (b)(1)(A) for the replacement of low water
crossings with bridges, and projects and activities
described in subsection (b)(10) for low water crossings (as
defined by the Secretary),''; and
(ii) by striking ``15 percent'' and inserting ``20
percent''; and
(C) in paragraph (3), in the matter preceding subparagraph
(A)--
(i) by striking ``bridge or rehabilitation of a
bridge'' and inserting ``bridge, rehabilitation of a
bridge, or replacement of a low water crossing (as defined
by the Secretary) with a bridge''; and
(ii) by inserting ``or, in the case of a replacement of
a low water crossing with a bridge, is determined by the
Secretary on completion to have improved the safety of the
location'' after ``no longer a deficient bridge'';
(6) in subsection (g)--
(A) in the subsection heading, by striking ``Less Than
5,000'' and inserting ``Less Than 50,000''; and
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--Notwithstanding subsection (c), and except
as provided in paragraph (2), up to 15 percent of the amounts
required to be obligated by a State under clauses (iii) and (iv) of
subsection (d)(1)(A) for each fiscal year may be obligated on--
``(A) roads functionally classified as rural minor
collectors or local roads; or
``(B) on critical rural freight corridors designated under
section 167(e).''; and
(7) by adding at the end the following:
``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
Projects.--
``(1) In general.--A State may use not more than 5 percent of
the funds apportioned to the State under section 104(b)(2) for
eligible rural barge landing, dock, and waterfront infrastructure
projects described in paragraph (2).
``(2) Eligible projects.--An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in paragraph
(1) is a project for the planning, designing, engineering, or
construction of a barge landing, dock, or other waterfront
infrastructure in a rural community or a Native village (as defined
in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)) that is off the road system.
``(k) Projects in Rural Areas.--
``(1) Set aside.--Notwithstanding subsection (c), in addition
to the activities described in subsections (b) and (g), of the
amounts apportioned to a State for each fiscal year to carry out
this section, not more than 15 percent may be--
``(A) used on eligible projects under subsection (b) or
maintenance activities on roads functionally classified as
rural minor collectors or local roads, ice roads, or seasonal
roads; or
``(B) transferred to--
``(i) the Appalachian Highway System Program under
14501 of title 40; or
``(ii) the Denali access system program under section
309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277).
``(2) Savings clause.--Amounts allocated under subsection (d)
shall not be used to carry out this subsection, except at the
request of the applicable metropolitan planning organization.''.
(b) Set-aside.--
(1) In general.--Section 133(h) of title 23, United States
Code, is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``Reservation of
funds'' and inserting ``In general''; and
(ii) in the matter preceding subparagraph (A), by
striking ``for each fiscal year'' and all that follows
through ``and'' at the end of subparagraph (A)(ii) and
inserting the following: ``for fiscal year 2022 and each
fiscal year thereafter--
``(A) the Secretary shall set aside an amount equal to 10
percent to carry out this subsection; and'';
(B) by striking paragraph (2) and inserting the following:
``(2) Allocation within a state.--
``(A) In general.--Except as provided in subparagraph (B),
funds set aside for a State under paragraph (1) shall be
obligated within that State in the manner described in
subsection (d), except that, for purposes of this paragraph
(after funds are made available under paragraph (5))--
``(i) for fiscal year 2022 and each fiscal year
thereafter, the percentage referred to in paragraph (1)(A)
of that subsection shall be deemed to be 59 percent; and
``(ii) paragraph (3) of subsection (d) shall not apply.
``(B) Local control.--A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i) if--
``(i) the State submits to the Secretary a plan that
describes--
``(I) how funds will be allocated to counties,
metropolitan planning organizations, regional
transportation planning organizations as described in
section 135(m), or local governments;
``(II) how the entities described in subclause (I)
will carry out a competitive process to select projects
for funding and report selected projects to the State;
``(III) the legal, financial, and technical
capacity of the entities described in subclause (I);
``(IV) how input was gathered from the entities
described in subclause (I) to ensure those entities
will be able to comply with the requirements of this
subsection; and
``(V) how the State will comply with paragraph (8);
and
``(ii) the Secretary approves the plan submitted under
clause (i).'';
(C) by striking paragraph (3) and inserting the following:
``(3) Eligible projects.--Funds set aside under this subsection
may be obligated for--
``(A) projects or activities described in section
101(a)(29) or 213, as those provisions were in effect on the
day before the date of enactment of the FAST Act (Public Law
114-94; 129 Stat. 1312);
``(B) projects and activities under the safe routes to
school program under section 208; and
``(C) activities in furtherance of a vulnerable road user
safety assessment (as defined in section 148(a)).'';
(D) in paragraph (4)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph
(A);
(iii) in subparagraph (A) (as so redesignated)--
(I) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively;
(II) by inserting after clause (vi) the following:
``(vii) a metropolitan planning organization that
serves an urbanized area with a population of 200,000 or
fewer;'';
(III) in clause (viii) (as so redesignated), by
striking ``responsible'' and all that follows through
``programs; and'' and inserting a semicolon;
(IV) in clause (ix) (as so redesignated)--
(aa) by inserting ``that serves an urbanized
area with a population of over 200,000'' after
``metropolitan planning organization''; and
(bb) by striking the period at the end and
inserting ``; and''; and
(V) by adding at the end the following:
``(x) a State, at the request of an entity described in
clauses (i) through (ix).''; and
(iv) by adding at the end the following:
``(B) Competitive process.--A State or metropolitan
planning organization required to obligate funds in accordance
with paragraph (2) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
``(C) Selection.--A metropolitan planning organization for
an area described in subsection (d)(1)(A)(i) shall select
projects under the competitive process described in
subparagraph (B) in consultation with the relevant State.
``(D) Prioritization.--The competitive process described in
subparagraph (B) shall include prioritization of project
location and impact in high-need areas as defined by the State,
such as low-income, transit-dependent, rural, or other
areas.'';
(E) in paragraph (5)(A), by striking ``reserved under this
section'' and inserting ``set aside under this subsection'';
(F) in paragraph (6)--
(i) in subparagraph (B), by striking ``reserved'' and
inserting ``set aside''; and
(ii) by adding at the end the following:
``(C) Improving accessibility and efficiency.--
``(i) In general.--A State may use an amount equal to
not more than 5 percent of the funds set aside for the
State under this subsection, after allocating funds in
accordance with paragraph (2)(A), to improve the ability of
applicants to access funding for projects under this
subsection in an efficient and expeditious manner by
providing--
``(I) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the period of
time between the selection of the project and the
obligation of funds for the project; and
``(II) funding for 1 or more full-time State
employee positions to administer this subsection.
``(ii) Use of funds.--Amounts used under clause (i) may
be expended--
``(I) directly by the State; or
``(II) through contracts with State agencies,
private entities, or nonprofit entities.'';
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
``(7) Federal share.--
``(A) Required aggregate non-federal share.--The average
annual non-Federal share of the total cost of all projects for
which funds are obligated under this subsection in a State for
a fiscal year shall be not less than the average non-Federal
share of the cost of the projects that would otherwise apply.
``(B) Flexible financing.--Subject to subparagraph (A),
notwithstanding section 120--
``(i) funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs of a
project under this subsection if the project--
``(I) is an eligible project described in section
148(e)(1); and
``(II) is consistent with the State strategic
highway safety plan (as defined in section 148(a));
``(ii) the non-Federal share for a project under this
subsection may be calculated on a project, multiple-
project, or program basis; and
``(iii) the Federal share of the cost of an individual
project in this section may be up to 100 percent.
``(C) Requirement.--Subparagraph (B) shall only apply to a
State if the State has adequate financial controls, as
certified by the Secretary, to account for the average annual
non-Federal share under this paragraph.''; and
(I) in subparagraph (A) of paragraph (8) (as so
redesignated)--
(i) in the matter preceding clause (i), by striking
``describes'' and inserting ``includes''; and
(ii) by striking clause (ii) and inserting the
following:
``(ii) a list of each project selected for funding for
each fiscal year, including, for each project--
``(I) the fiscal year during which the project was
selected;
``(II) the fiscal year in which the project is
anticipated to be funded;
``(III) the recipient;
``(IV) the location, including the congressional
district;
``(V) the type;
``(VI) the cost; and
``(VII) a brief description.''.
(2) State transferability.--Section 126(b)(2) of title 23,
United States Code, is amended--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``reserved for a State under section 133(h)
for a fiscal year may'' and inserting the following: ``set
aside for a State under section 133(h) for a fiscal year--
``(A) may''; and
(C) by adding at the end the following:
``(B) may only be transferred if the Secretary certifies
that the State--
``(i) held a competition in compliance with the
guidance issued to carry out section 133(h) and provided
sufficient time for applicants to apply;
``(ii) offered to each eligible entity, and provided on
request of an eligible entity, technical assistance; and
``(iii) demonstrates that there were not sufficiently
suitable applications from eligible entities to use the
funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Section 117 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``multimodal'' before
``freight'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``in and across rural
and urban areas'' after ``people'';
(B) in subparagraph (C), by inserting ``or freight'' after
``highway'';
(C) in subparagraph (E), by inserting ``or freight'' after
``highway''; and
(D) in subparagraph (F), by inserting ``, including
highways that support movement of energy equipment'' after
``security'';
(3) in subsection (b), by adding at the end the following:
``(3) Grant administration.--The Secretary may--
``(A) retain not more than a total of 2 percent of the
funds made available to carry out this section for the National
Surface Transportation and Innovative Finance Bureau to review
applications for grants under this section; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under this section.'';
(4) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as subparagraph (I);
and
(B) by inserting after subparagraph (G) the following:
``(H) A multistate corridor organization.'';
(5) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (iii)(II), by striking ``or'' at the end;
(ii) in clause (iv), by striking ``and'' at the end;
and
(iii) by adding at the end the following:
``(v) a wildlife crossing project;
``(vi) a surface transportation infrastructure project
that--
``(I) is located within the boundaries of or
functionally connected to an international border
crossing area in the United States;
``(II) improves a transportation facility owned by
a Federal, State, or local government entity; and
``(III) increases throughput efficiency of the
border crossing described in subclause (I), including--
``(aa) a project to add lanes;
``(bb) a project to add technology; and
``(cc) other surface transportation
improvements;
``(vii) a project for a marine highway corridor
designated by the Secretary under section 55601(c) of title
46 (including an inland waterway corridor), if the
Secretary determines that the project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions; or
``(viii) a highway, bridge, or freight project carried
out on the National Multimodal Freight Network established
under section 70103 of title 49; and''; and
(B) in paragraph (2)(A), in the matter preceding clause
(i)--
(i) by striking ``$600,000,000'' and inserting ``30
percent''; and
(ii) by striking ``fiscal years 2016 through 2020, in
the aggregate,'' and inserting ``each of fiscal years 2022
through 2026'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``not less than 15 percent'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) the effect of the proposed project on safety on
freight corridors with significant hazards, such as high winds,
heavy snowfall, flooding, rockslides, mudslides, wildfire,
wildlife crossing onto the roadway, or steep grades.''; and
(C) by adding at the end the following:
``(4) Requirement.--Of the amounts reserved under paragraph
(1), not less than 30 percent shall be used for projects in rural
areas (as defined in subsection (i)(3)).'';
(7) in subsection (f)(2), by inserting ``(including a project
to replace or rehabilitate a culvert, or to reduce stormwater
runoff for the purpose of improving habitat for aquatic species)''
after ``environmental mitigation'';
(8) in subsection (h)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) enhancement of freight resilience to natural hazards or
disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the
roadway, or steep grades;
``(5) whether the project will improve the shared
transportation corridor of a multistate corridor organization, if
applicable; and
``(6) prioritizing projects located in States in which neither
the State nor an eligible entity in that State has been awarded a
grant under this section.'';
(9) in subsection (i)(2), by striking ``other grants under this
section'' and inserting ``grants under subsection (e)'';
(10) in subsection (j)--
(A) by striking the subsection designation and heading and
all that follows through ``The Federal share'' in paragraph (1)
and inserting the following:
``(j) Federal Assistance.--
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B)
or for a grant under subsection (q), the Federal share'';
(B) in paragraph (1), by adding at the end the following:
``(B) Small projects.--In the case of a project described
in subsection (e)(1), the Federal share of the cost of the
project shall be 80 percent.''; and
(C) in paragraph (2)--
(i) by striking ``Federal assistance other'' and
inserting ``Except for grants under subsection (q), Federal
assistance other''; and
(ii) by striking ``except that the total Federal'' and
inserting the following: ``except that--
``(A) for a State with a population density of not more
than 80 persons per square mile of land area, based on the 2010
census, the maximum share of the total Federal assistance
provided for a project receiving a grant under this section
shall be the applicable share under section 120(b); and
``(B) for a State not described in subparagraph (A), the
total Federal'';
(11) by redesignating subsections (k) through (n) as
subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
``(k) Efficient Use of Non-Federal Funds.--
``(1) In general.--Notwithstanding any other provision of law
and subject to approval by the Secretary under paragraph (2)(B), in
the case of any grant for a project under this section, during the
period beginning on the date on which the grant recipient is
selected and ending on the date on which the grant agreement is
signed--
``(A) the grant recipient may obligate and expend non-
Federal funds with respect to the project for which the grant
is provided; and
``(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited toward the
non-Federal cost share for the project for which the grant is
provided.
``(2) Requirements.--
``(A) Application.--In order to obligate and expend non-
Federal funds under paragraph (1), the grant recipient shall
submit to the Secretary a request to obligate and expend non-
Federal funds under that paragraph, including--
``(i) a description of the activities the grant
recipient intends to fund;
``(ii) a justification for advancing the activities
described in clause (i), including an assessment of the
effects to the project scope, schedule, and budget if the
request is not approved; and
``(iii) the level of risk of the activities described
in clause (i).
``(B) Approval.--The Secretary shall approve or disapprove
each request submitted under subparagraph (A).
``(C) Compliance with applicable requirements.--Any non-
Federal funds obligated or expended under paragraph (1) shall
comply with all applicable requirements, including any
requirements included in the grant agreement.
``(3) Effect.--The obligation or expenditure of any non-Federal
funds in accordance with this subsection shall not--
``(A) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
``(B) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
``(C) affect the ability of the recipient of the grant to
obligate or expend non-Federal funds to meet the non-Federal
cost share for the project for which the grant is provided
after the period described in paragraph (1).'';
(13) in subsection (n) (as so redesignated), by striking
paragraph (1) and inserting the following:
``(1) In general.--Not later than 60 days before the date on
which a grant is provided for a project under this section, the
Secretary shall submit to the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report describing the proposed grant, including--
``(A) an evaluation and justification for the applicable
project; and
``(B) a description of the amount of the proposed grant
award.'';
(14) by inserting after subsection (n) (as so redesignated) the
following:
``(o) Applicant Notification.--
``(1) In general.--Not later than 60 days after the date on
which a grant recipient for a project under this section is
selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the
eligible applicant was not selected.
``(2) Inclusion.--A written notification under paragraph (1)
shall include an offer for a written or telephonic debrief by the
Secretary that will provide--
``(A) detail on the evaluation of the application of the
eligible applicant; and
``(B) an explanation of and guidance on the reasons the
application was not selected for a grant under this section.
``(3) Response.--
``(A) In general.--Not later than 30 days after the
eligible applicant receives a written notification under
paragraph (1), if the eligible applicant opts to receive a
debrief described in paragraph (2), the eligible applicant
shall notify the Secretary that the eligible applicant is
requesting a debrief.
``(B) Debrief.--If the eligible applicant submits a request
for a debrief under subparagraph (A), the Secretary shall
provide the debrief by not later than 60 days after the date on
which the Secretary receives the request for a debrief.''; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
``(p) Reports.--
``(1) Annual report.--
``(A) In general.--Notwithstanding any other provision of
law, not later than 30 days after the date on which the
Secretary selects a project for funding under this section, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes the reasons for selecting the project, based on
any criteria established by the Secretary in accordance with
this section.
``(B) Inclusions.--The report submitted under subparagraph
(A) shall specify each criterion established by the Secretary
that the project meets.
``(C) Availability.--The Secretary shall make available on
the website of the Department of Transportation the report
submitted under subparagraph (A).
``(D) Applicability.--This paragraph applies to all
projects described in subparagraph (A) that the Secretary
selects on or after October 1, 2021.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the establishment,
solicitation, selection, and justification process with respect
to the funding of projects under this section.
``(B) Report.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization Act of
2021 and annually thereafter, the Comptroller General of the
United States shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes, for each project selected to receive funding
under this section--
``(i) the process by which each project was selected;
``(ii) the factors that went into the selection of each
project; and
``(iii) the justification for the selection of each
project based on any criteria established by the Secretary
in accordance with this section.
``(3) Inspector general.--Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization Act of
2021 and annually thereafter, the Inspector General of the
Department of Transportation shall--
``(A) conduct an assessment of the establishment,
solicitation, selection, and justification process with respect
to the funding of projects under this section; and
``(B) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a final report
that describes the findings of the Inspector General of the
Department of Transportation with respect to the assessment
conducted under subparagraph (A).
``(q) State Incentives Pilot Program.--
``(1) Establishment.--There is established a pilot program to
award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as the
`pilot program').
``(2) Priority.--In awarding grants under the pilot program,
the Secretary shall give priority to an application that offers a
greater non-Federal share of the cost of a project relative to
other applications under the pilot program.
``(3) Federal share.--
``(A) In general.--Notwithstanding any other provision of
law, the Federal share of the cost of a project assisted with a
grant under the pilot program may not exceed 50 percent.
``(B) No federal involvement.--
``(i) In general.--For grants awarded under the pilot
program, except as provided in clause (ii), an eligible
applicant may not use Federal assistance to satisfy the
non-Federal share of the cost under subparagraph (A).
``(ii) Exception.--An eligible applicant may use funds
from a secured loan (as defined in section 601(a)) to
satisfy the non-Federal share of the cost under
subparagraph (A) if the loan is repayable from non-Federal
funds.
``(4) Reservation.--
``(A) In general.--Of the amounts made available to provide
grants under this section, the Secretary shall reserve for each
fiscal year $150,000,000 to provide grants under the pilot
program.
``(B) Unutilized amounts.--In any fiscal year during which
applications under this subsection are insufficient to effect
an award or allocation of the entire amount reserved under
subparagraph (A), the Secretary shall use the unutilized
amounts to provide other grants under this section.
``(5) Set-asides.--
``(A) Small projects.--
``(i) In general.--Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 10 percent for projects eligible
for a grant under subsection (e).
``(ii) Requirement.--For a grant awarded from the
amount reserved under clause (i)--
``(I) the requirements of subsection (e) shall
apply; and
``(II) the requirements of subsection (g) shall not
apply.
``(B) Rural projects.--
``(i) In general.--Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 25 percent for projects eligible
for a grant under subsection (i).
``(ii) Requirement.--For a grant awarded from the
amount reserved under clause (i), the requirements of
subsection (i) shall apply.
``(6) Report to congress.--Not later than 2 years after the
date of enactment of this subsection, the Secretary shall submit to
the Committee on Environment and Public Works and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the administration of the
pilot program, including--
``(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
``(B) the number, types, and locations of grant recipients
under the pilot program;
``(C) an assessment of whether implementation of the pilot
program has incentivized eligible applicants to offer a greater
non-Federal share for grants under the pilot program; and
``(D) any recommendations for modifications to the pilot
program.
``(r) Multistate Corridor Organization Defined.--For purposes of
this section, the term `multistate corridor organization' means an
organization of a group of States developed through cooperative
agreements, coalitions, or other arrangements to promote regional
cooperation, planning, and shared project implementation for programs
and projects to improve transportation system management and operations
for a shared transportation corridor.
``(s) Additional Authorization of Appropriations.--In addition to
amounts made available from the Highway Trust Fund, there are
authorized to be appropriated to carry out this section, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated--
``(1) $1,000,000,000 for fiscal year 2022;
``(2) $1,100,000,000 for fiscal year 2023;
``(3) $1,200,000,000 for fiscal year 2024;
``(4) $1,300,000,000 for fiscal year 2025; and
``(5) $1,400,000,000 for fiscal year 2026.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
117 and inserting the following:
``117. Nationally significant multimodal freight and highway
projects.''.
(c) Efficient Use of Non-Federal Funds.--
(1) In general.--Notwithstanding any other provision of law, in
the case of a grant described in paragraph (2), section 117(k) of
title 23, United States Code, shall apply to the grant as if the
grant was a grant provided under that section.
(2) Grant described.--A grant referred to in paragraph (1) is a
grant that is--
(A) provided under a competitive discretionary grant
program administered by the Federal Highway Administration;
(B) for a project eligible under title 23, United States
Code; and
(C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in clause (i), by inserting ``that provides for the
safety of all road users, as appropriate, including a
multimodal roundabout'' after ``improvement'';
(ii) in clause (vi), by inserting ``or a grade
separation project'' after ``devices'';
(iii) by striking clause (viii) and inserting the
following:
``(viii) Construction or installation of features,
measures, and road designs to calm traffic and reduce
vehicle speeds.'';
(iv) by striking clause (xxvi) and inserting the
following:
``(xxvi) Installation or upgrades of traffic control
devices for pedestrians and bicyclists, including
pedestrian hybrid beacons and the addition of bicycle
movement phases to traffic signals.''; and
(v) by striking clauses (xxvii) and (xxviii) and
inserting the following:
``(xxvii) Roadway improvements that provide separation
between pedestrians and motor vehicles or between
bicyclists and motor vehicles, including medians,
pedestrian crossing islands, protected bike lanes, and
protected intersection features.
``(xxviii) A pedestrian security feature designed to
slow or stop a motor vehicle.
``(xxix) A physical infrastructure safety project not
described in clauses (i) through (xxviii).'';
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
``(9) Safe system approach.--The term `safe system approach'
means a roadway design--
``(A) that emphasizes minimizing the risk of injury or
fatality to road users; and
``(B) that--
``(i) takes into consideration the possibility and
likelihood of human error;
``(ii) accommodates human injury tolerance by taking
into consideration likely accident types, resulting impact
forces, and the ability of the human body to withstand
impact forces; and
``(iii) takes into consideration vulnerable road
users.'';
(D) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Specified safety project.--
``(A) In general.--The term `specified safety project'
means a project carried out for the purpose of safety under any
other section of this title that is consistent with the State
strategic highway safety plan.
``(B) Inclusion.--The term `specified safety project'
includes a project that--
``(i) promotes public awareness and informs the public
regarding highway safety matters (including safety for
motorcyclists, bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic safety laws;
``(iii) provides infrastructure and infrastructure-
related equipment to support emergency services;
``(iv) conducts safety-related research to evaluate
experimental safety countermeasures or equipment; or
``(v) supports safe routes to school noninfrastructure-
related activities described in section 208(g)(2).'';
(E) in paragraph (13) (as so redesignated)--
(i) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (H), (I), and (J), respectively; and
(ii) by inserting after subparagraph (F) the following;
``(G) includes a vulnerable road user safety assessment;'';
and
(F) by adding at the end the following:
``(15) Vulnerable road user.--The term `vulnerable road user'
means a nonmotorist--
``(A) with a fatality analysis reporting system person
attribute code that is included in the definition of the term
`number of non-motorized fatalities' in section 490.205 of
title 23, Code of Federal Regulations (or successor
regulations); or
``(B) described in the term `number of non-motorized
serious injuries' in that section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of the
safety performance of the State with respect to vulnerable road
users and the plan of the State to improve the safety of vulnerable
road users as described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsections
(a)(11)'' and inserting ``subsections (a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by inserting ``and to
differentiate the safety data for vulnerable road users,
including bicyclists, motorcyclists, and pedestrians, from
other road users'' after ``crashes'';
(ii) in subparagraph (B)(i), by striking ``(including
motorcyclists), bicyclists, pedestrians,'' and inserting
``, vulnerable road users (including motorcyclists,
bicyclists, pedestrians),''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking ``and'' at the end;
(II) in clause (v), by striking the semicolon at
the end and inserting ``; and''; and
(III) by adding at the end the following:
``(vi) improves the ability of the State to
differentiate the fatalities and serious injuries of
vulnerable road users, including bicyclists, motorcyclists,
and pedestrians, from other road users;'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e), by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of a State
strategic highway safety plan, a State may use not more than 10
percent of the amounts apportioned to the State under section
104(b)(3) for a fiscal year to carry out specified safety
projects.
``(B) Rule of construction.--Nothing in this paragraph
requires a State to revise any State process, plan, or program
in effect on the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project carried out under this
paragraph shall be subject to all requirements under this
section that apply to a highway safety improvement project.
``(ii) Other apportioned programs.--Nothing in this
paragraph prohibits the use of funds made available under
other provisions of this title for a specified safety
project that is a noninfrastructure project.'';
(5) in subsection (g), by adding at the end the following:
``(3) Vulnerable road user safety.--If the total annual
fatalities of vulnerable road users in a State represents not less
than 15 percent of the total annual crash fatalities in the State,
that State shall be required to obligate not less than 15 percent
of the amounts apportioned to the State under section 104(b)(3) for
the following fiscal year for highway safety improvement projects
to address the safety of vulnerable road users.''; and
(6) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, each State shall complete a
vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment under
paragraph (1) shall include--
``(A) a quantitative analysis of vulnerable road user
fatalities and serious injuries that--
``(i) includes data such as location, roadway
functional classification, design speed, speed limit, and
time of day;
``(ii) considers the demographics of the locations of
fatalities and serious injuries, including race, ethnicity,
income, and age; and
``(iii) based on the data, identifies areas as `high-
risk' to vulnerable road users; and
``(B) a program of projects or strategies to reduce safety
risks to vulnerable road users in areas identified as high-risk
under subparagraph (A)(iii).
``(3) Use of data.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data from
the most recent 5-year period for which data is available.
``(4) Requirements.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall--
``(A) take into consideration a safe system approach; and
``(B) consult with local governments, metropolitan planning
organizations, and regional transportation planning
organizations that represent a high-risk area identified under
paragraph (2)(A)(iii).
``(5) Update.--A State shall update the vulnerable road user
safety assessment of the State in accordance with the updates
required to the State strategic highway safety plan under
subsection (d).
``(6) Requirement for transportation system access.--The
program of projects developed under paragraph (2)(B) may not
degrade transportation system access for vulnerable road users.
``(7) Guidance.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop
guidance for States to carry out this subsection.
``(B) Consultation.--In developing the guidance under this
paragraph, the Secretary shall consult with the States and
relevant safety stakeholders.''.
(b) High-risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall update the study under section
1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141).
(2) Publication of report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall publish on the
website of the Department of Transportation an update to the report
described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note;
Public Law 112-141).
(3) Best practices manual.--Not later than 180 days after the
date on which the report is published under paragraph (2), the
Secretary shall update the best practices manual described in
section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-
141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable--
``(A) the use of locally adapted native plant materials;
and
``(B) designs that minimize runoff and heat generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) Federal Share.--Section 201 of title 23, United States Code, is
amended--
(1) in subsection (b)(7)(B), by striking ``determined in
accordance with section 120'', and inserting ``be up to 100
percent''; and
(2) in subsection (c)(8)(A), by striking ``5 percent'' and
inserting ``20 percent''.
(b) Federal Lands Access Program.--Section 204(a) of title 23,
United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after ``restoration,'';
(B) in clause (i), by inserting ``, including interpretive
panels in or adjacent to those areas'' after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual blight,
including screening or removal; and''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers, to the maximum extent
practicable--
``(A) the use of locally adapted native plant materials;
and
``(B) designs that minimize runoff and heat generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (2), by striking ``150 miles'' and
inserting ``300 miles''; and
(B) by adding at the end the following:
``(3) Rural states.--Notwithstanding paragraph (2), a State
with a population per square mile of area that is less than the
national average, based on the 2010 census, may designate as
critical rural freight corridors a maximum of 600 miles of highway
or 25 percent of the primary highway freight system mileage in the
State, whichever is greater.'';
(2) in subsection (f)(4), by striking ``75 miles'' and
inserting ``150 miles''; and
(3) in subsection (i)(5)(B)--
(A) in the matter preceding clause (i), by striking ``10
percent'' and inserting ``30 percent'';
(B) in clause (i), by striking ``and'' at the end;
(C) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(iii) for the modernization or rehabilitation of a
lock and dam, if the Secretary determines that the
project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions; and
``(iv) on a marine highway corridor, connector, or
crossing designated by the Secretary under section 55601(c)
of title 46 (including an inland waterway corridor,
connector, or crossing), if the Secretary determines that
the project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions.''.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``subsection (d)'' and inserting ``subsections (d) and
(m)(1)(B)(ii)''
(B) in paragraph (7), by inserting ``shared micromobility
(including bikesharing and shared scooter systems),'' after
``carsharing,'';
(C) in paragraph (8)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by
inserting ``replacements or'' before ``retrofits'';
(II) by striking clause (i) and inserting the
following:
``(i) verified technologies (as defined in section 791
of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for
motor vehicles (as defined in section 216 of the Clean Air
Act (42 U.S.C. 7550)); or''; and
(III) in clause (ii)(II), by striking ``or'' at the
end; and
(ii) in subparagraph (B), by inserting ``replacements
or'' before ``retrofits''; and
(iii) by adding at the end the following:
``(C) the purchase of medium- or heavy-duty zero emission
vehicles and related charging equipment;'';
(D) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(10) if the project is for the modernization or
rehabilitation of a lock and dam that--
``(A) is functionally connected to the Federal-aid highway
system; and
``(B) the Secretary determines is likely to contribute to
the attainment or maintenance of a national ambient air quality
standard; or
``(11) if the project is on a marine highway corridor,
connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that--
``(A) is functionally connected to the Federal-aid highway
system; and
``(B) the Secretary determines is likely to contribute to
the attainment or maintenance of a national ambient air quality
standard.'';
(2) in subsection (c), by adding at the end the following:
``(4) Locks and dams; marine highways.--For each fiscal year, a
State may not obligate more than 10 percent of the funds
apportioned to the State under section 104(b)(4) for projects
described in paragraphs (10) and (11) of subsection (b).'';
(3) in subsection (f)(4)(A), by inserting ``and nonroad
vehicles and nonroad engines used in construction projects or port-
related freight operations'' after ``motor vehicles'';
(4) in subsection (g)--
(A) in paragraph (1)(B)--
(i) in the subparagraph heading, by inserting
``replacement or'' before ``retrofit'';
(ii) by striking ``The term `diesel retrofit''' and
inserting ``The term `diesel replacement or retrofit''';
and
(iii) by inserting ``or retrofit'' after
``replacement'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``replacement or'' before ``retrofit''; and
(C) in paragraph (3), by inserting ``replacements or''
before ``retrofits'';
(5) in subsection (k)(1), by striking ``that reduce such fine
particulate matter emissions in such area, including diesel
retrofits.'' and inserting ``that--
``(A) reduce such fine particulate matter emissions in such
area, including diesel replacements or retrofits; and
``(B) to the extent practicable, prioritize benefits to
disadvantaged communities or low-income populations living in,
or immediately adjacent to, such area.'';
(6) in subsection (l), by adding at the following:
``(3) Assistance to metropolitan planning organizations.--
``(A) In general.--On the request of a metropolitan
planning organization, the Secretary may assist the
metropolitan planning organization tracking progress made in
minority or low-income populations as part of a performance
plan under this subsection.
``(B) Savings provision.--Nothing in this paragraph
provides the Secretary the authority--
``(i) to change the performance measures under section
150(c)(5) or the performance targets established under
section 134(h)(2) or 150(d); or
``(ii) to establish any other Federal requirement.'';
and
(7) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) In general.--A State may obligate funds apportioned under
section 104(b)(4) in an area of the State that is otherwise
eligible for obligations of such funds for operating costs--
``(A) under chapter 53 of title 49; or
``(B) on--
``(i) a system for which CMAQ funding was eligible,
made available, obligated, or expended in fiscal year 2012;
or
``(ii) a State-supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note; Public Law 110-432) and no current
nonattainment areas under subsection (d).
``(2) No time limitation.--Operating assistance provided under
paragraph (1) shall have no imposed time limitation if the
operating assistance is for--
``(A) a route described in subparagraph (B) of that
paragraph; or
``(B) a transit system that is located in--
``(i) a non-urbanized area; or
``(ii) an urbanized area with a population of 200,000
or fewer.''.
SEC. 11116. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to read as
follows:
``Sec. 218. Alaska Highway
``(a) Recognizing the benefits that will accrue to the State of
Alaska and to the United States from the reconstruction of the Alaska
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to
Haines Junction in Canada and the Haines Cutoff Highway from Haines
Junction in Canada to Haines, Alaska, the Secretary may provide for the
necessary reconstruction of the highway using funds awarded through an
applicable competitive grant program, if the highway meets all
applicable eligibility requirements for the program, except for the
specific requirements established by the agreement for the Alaska
Highway Project between the Government of the United States and the
Government of Canada. In addition to the funds described in the
previous sentence, notwithstanding any other provision of law and on
agreement with the State of Alaska, the Secretary is authorized to
expend on such highway or the Alaska Marine Highway System any Federal-
aid highway funds apportioned to the State of Alaska under this title
at a Federal share of 100 per centum. No expenditures shall be made for
the construction of the portion of such highways that are in Canada
unless an agreement is in place between the Government of Canada and
the Government of the United States (including an agreement in
existence on the date of enactment of the Surface Transportation
Reauthorization Act of 2021) that provides, in part, that the Canadian
Government--
``(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
``(2) will not impose any highway toll, or permit any such toll
to be charged for the use of such highways by vehicles or persons;
``(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles or
persons from the United States that does not apply equally to
vehicles or persons of Canada;
``(4) will continue to grant reciprocal recognition of vehicle
registration and driver's licenses in accordance with agreements
between the United States and Canada; and
``(5) will maintain such highways after their completion in
proper condition adequately to serve the needs of present and
future traffic.
``(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision of the
Secretary.
``(c) For purposes of this section, the term `Alaska Marine Highway
System' includes all existing or planned transportation facilities and
equipment in Alaska, including the lease, purchase, or construction of
vessels, terminals, docks, floats, ramps, staging areas, parking lots,
bridges and approaches thereto, and necessary roads.
``(d) Notwithstanding any other provision of law, a project
assisted under this section in the State of Alaska shall be treated as
a project on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) In General.--Section 129(c) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking ``the
construction of ferry boats and ferry terminal facilities, whether toll
or free,'' and inserting ``the construction of ferry boats and ferry
terminal facilities (including ferry maintenance facilities), whether
toll or free, and the procurement of transit vehicles used exclusively
as an integral part of an intermodal ferry trip,''.
(b) Diesel Fuel Ferry Vessels.--
(1) In general.--Notwithstanding section 147(b), in the case of
a project to replace or retrofit a diesel fuel ferry vessel that
provides substantial emissions reductions, the Federal share of the
cost of the project may be up to 85 percent, as determined by the
State.
(2) Sunset.--The authority provided by paragraph (1) shall
terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 123 the following:
``Sec. 124. Bridge investment program
``(a) Definitions.--In this section:
``(1) Eligible project.--
``(A) In general.--The term `eligible project' means a
project to replace, rehabilitate, preserve, or protect 1 or
more bridges on the National Bridge Inventory under section
144(b).
``(B) Inclusions.--The term `eligible project' includes--
``(i) a bundle of projects described in subparagraph
(A), regardless of whether the bundle of projects meets the
requirements of section 144(j)(5); and
``(ii) a project to replace or rehabilitate culverts
for the purpose of improving flood control and improved
habitat connectivity for aquatic species.
``(2) Large project.--The term `large project' means an
eligible project with total eligible project costs of greater than
$100,000,000.
``(3) Program.--The term `program' means the bridge investment
program established by subsection (b)(1).
``(b) Establishment of Bridge Investment Program.--
``(1) In general.--There is established a bridge investment
program to provide financial assistance for eligible projects under
this section.
``(2) Goals.--The goals of the program shall be--
``(A) to improve the safety, efficiency, and reliability of
the movement of people and freight over bridges;
``(B) to improve the condition of bridges in the United
States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(ii) the total person miles traveled over bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(iii) the number of bridges that--
``(I) do not meet current geometric design
standards; or
``(II) cannot meet the load and traffic
requirements typical of the regional transportation
network; and
``(iv) the total person miles traveled over bridges
that--
``(I) do not meet current geometric design
standards; or
``(II) cannot meet the load and traffic
requirements typical of the regional transportation
network; and
``(C) to provide financial assistance that leverages and
encourages non-Federal contributions from sponsors and
stakeholders involved in the planning, design, and construction
of eligible projects.
``(c) Grant Authority.--
``(1) In general.--In carrying out the program, the Secretary
may award grants, on a competitive basis, in accordance with this
section.
``(2) Grant amounts.--Except as otherwise provided, a grant
under the program shall be--
``(A) in the case of a large project, in an amount that
is--
``(i) adequate to fully fund the project (in
combination with other financial resources identified in
the application); and
``(ii) not less than $50,000,000; and
``(B) in the case of any other eligible project, in an
amount that is--
``(i) adequate to fully fund the project (in
combination with other financial resources identified in
the application); and
``(ii) not less than $2,500,000.
``(3) Maximum amount.--Except as otherwise provided, for an
eligible project receiving assistance under the program, the amount
of assistance provided by the Secretary under this section, as a
share of eligible project costs, shall be--
``(A) in the case of a large project, not more than 50
percent; and
``(B) in the case of any other eligible project, not more
than 80 percent.
``(4) Federal share.--
``(A) Maximum federal involvement.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project for which a grant is
made, except that the total Federal assistance provided for a
project receiving a grant under the program may not exceed the
Federal share for the project under section 120.
``(B) Off-system bridges.--In the case of an eligible
project for an off-system bridge (as defined in section
133(f)(1))--
``(i) Federal assistance other than a grant under the
program may be used to satisfy the non-Federal share of the
cost of a project; and
``(ii) notwithstanding subparagraph (A), the total
Federal assistance provided for the project shall not
exceed 90 percent of the total eligible project costs.
``(C) Federal land management agencies and tribal
governments.--Notwithstanding any other provision of law,
Federal funds other than Federal funds made available under
this section may be used to pay the remaining share of the cost
of a project under the program by a Federal land management
agency or a Tribal government or consortium of Tribal
governments.
``(5) Considerations.--
``(A) In general.--In awarding grants under the program,
the Secretary shall consider--
``(i) in the case of a large project, the ratings
assigned under subsection (g)(5)(A);
``(ii) in the case of an eligible project other than a
large project, the quality rating assigned under subsection
(f)(3)(A)(ii);
``(iii) the average daily person and freight throughput
supported by the eligible project;
``(iv) the number and percentage of bridges within the
same State as the eligible project that are in poor
condition;
``(v) the extent to which the eligible project
demonstrates cost savings by bundling multiple bridge
projects;
``(vi) in the case of an eligible project of a Federal
land management agency, the extent to which the grant would
reduce a Federal liability or Federal infrastructure
maintenance backlog;
``(vii) geographic diversity among grant recipients,
including the need for a balance between the needs of rural
and urban communities; and
``(viii) the extent to which a bridge that would be
assisted with a grant--
``(I) is, without that assistance--
``(aa) at risk of falling into or remaining in
poor condition; or
``(bb) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(II) does not meet current geometric design
standards based on--
``(aa) the current use of the bridge; or
``(bb) load and traffic requirements typical of
the regional corridor or local network in which the
bridge is located; or
``(III) does not meet current seismic design
standards.
``(B) Requirement.--The Secretary shall--
``(i) give priority to an application for an eligible
project that is located within a State for which--
``(I) 2 or more applications for eligible projects
within the State were submitted for the current fiscal
year and an average of 2 or more applications for
eligible projects within the State were submitted in
prior fiscal years of the program; and
``(II) fewer than 2 grants have been awarded for
eligible projects within the State under the program;
``(ii) during the period of fiscal years 2022 through
2026, for each State described in clause (i), select--
``(I) not fewer than 1 large project that the
Secretary determines is justified under the evaluation
under subsection (g)(4); or
``(II) 2 eligible projects that are not large
projects that the Secretary determines are justified
under the evaluation under subsection (f)(3); and
``(iii) not be required to award a grant for an
eligible project that the Secretary does not determine is
justified under an evaluation under subsection (f)(3) or
(g)(4).
``(6) Culvert limitation.--Not more than 5 percent of the
amounts made available for each fiscal year for grants under the
program may be used for eligible projects that consist solely of
culvert replacement or rehabilitation.
``(d) Eligible Entity.--The Secretary may make a grant under the
program to any of the following:
``(1) A State or a group of States.
``(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census) with a
population of over 200,000.
``(3) A unit of local government or a group of local
governments.
``(4) A political subdivision of a State or local government.
``(5) A special purpose district or public authority with a
transportation function.
``(6) A Federal land management agency.
``(7) A Tribal government or a consortium of Tribal
governments.
``(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
``(e) Eligible Project Requirements.--The Secretary may make a
grant under the program only to an eligible entity for an eligible
project that--
``(1) in the case of a large project, the Secretary recommends
for funding in the annual report on funding recommendations under
subsection (g)(6), except as provided in subsection (g)(1)(B);
``(2) is reasonably expected to begin construction not later
than 18 months after the date on which funds are obligated for the
project; and
``(3) is based on the results of preliminary engineering.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) In general.--The Secretary shall--
``(i) for the first fiscal year for which funds are
made available for obligation under the program, not later
than 60 days after the date on which the template under
subparagraph (B)(i) is developed, and in subsequent fiscal
years, not later than 60 days after the date on which
amounts are made available for obligation under the
program, solicit grant applications for eligible projects
other than large projects; and
``(ii) not later than 120 days after the date on which
the solicitation under clause (i) expires, conduct
evaluations under paragraph (3).
``(B) Requirements.--In carrying out subparagraph (A), the
Secretary shall--
``(i) develop a template for applicants to use to
summarize project needs and benefits, including benefits
described in paragraph (3)(B)(i); and
``(ii) enable applicants to use data from the National
Bridge Inventory under section 144(b) to populate templates
described in clause (i), as applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under this
subsection, the Secretary shall--
``(i) conduct an evaluation of each eligible project
for which an application is received under this subsection;
and
``(ii) assign a quality rating to the eligible project
on the basis of the evaluation under clause (i).
``(B) Requirements.--In carrying out an evaluation under
subparagraph (A), the Secretary shall--
``(i) consider information on project benefits
submitted by the applicant using the template developed
under paragraph (1)(B)(i), including whether the project
will generate, as determined by the Secretary--
``(I) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the
project;
``(II) in the case of a bundle of projects,
benefits from executing the projects as a bundle
compared to as individual projects;
``(III) safety benefits, including the reduction of
accidents and related costs;
``(IV) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
``(V) national or regional economic benefits;
``(VI) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
``(VII) benefits from protection (as described in
section 133(b)(10)), including improving seismic or
scour protection;
``(VIII) environmental benefits, including wildlife
connectivity;
``(IX) benefits to nonvehicular and public
transportation users;
``(X) benefits of using--
``(aa) innovative design and construction
techniques; or
``(bb) innovative technologies; or
``(XI) reductions in maintenance costs, including,
in the case of a federally-owned bridge, cost savings
to the Federal budget; and
``(ii) consider whether and the extent to which the
benefits, including the benefits described in clause (i),
are more likely than not to outweigh the total project
costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--
``(A) Applications.--The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for a recommendation by the Secretary
for funding in the next annual report under paragraph (6).
``(B) First fiscal year.--Notwithstanding subparagraph (A),
for the first fiscal year for which funds are made available
for obligation for grants under the program, the Secretary may
establish a date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for immediate execution of a grant
agreement.
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the Secretary
to evaluate the large project; and
``(B) information sufficient for the Secretary to determine
that--
``(i) the large project meets the applicable
requirements under this section; and
``(ii) there is a reasonable likelihood that the large
project will continue to meet the requirements under this
section.
``(3) Determination; notice.--On making a determination that
information submitted to the Secretary under paragraph (1) is
sufficient, the Secretary shall provide a written notice of that
determination to--
``(A) the eligible entity that submitted the application;
``(B) the Committee on Environment and Public Works of the
Senate; and
``(C) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(4) Evaluation.--The Secretary may recommend a large project
for funding in the annual report under paragraph (6), or, in the
case of the first fiscal year for which funds are made available
for obligation for grants under the program, immediately execute a
grant agreement for a large project, only if the Secretary
evaluates the proposed project and determines that the project is
justified because the project--
``(A) addresses a need to improve the condition of the
bridge, as determined by the Secretary, consistent with the
goals of the program under subsection (b)(2);
``(B) will generate, as determined by the Secretary--
``(i) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the project;
``(ii) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared to as
individual projects;
``(iii) safety benefits, including the reduction of
accidents and related costs;
``(iv) person and freight mobility benefits, including
congestion reduction and reliability improvements;
``(v) national or regional economic benefits;
``(vi) benefits from long-term resiliency to extreme
weather events, flooding, or other natural disasters;
``(vii) benefits from protection (as described in
section 133(b)(10)), including improving seismic or scour
protection;
``(viii) environmental benefits, including wildlife
connectivity;
``(ix) benefits to nonvehicular and public
transportation users;
``(x) benefits of using--
``(I) innovative design and construction
techniques; or
``(II) innovative technologies; or
``(xi) reductions in maintenance costs, including, in
the case of a federally-owned bridge, cost savings to the
Federal budget;
``(C) is cost effective based on an analysis of whether the
benefits and avoided costs described in subparagraph (B) are
expected to outweigh the project costs;
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund ongoing
maintenance and preservation; and
``(E) is consistent with the objectives of an applicable
asset management plan of the project sponsor, including a State
asset management plan under section 119(e) in the case of a
project on the National Highway System that is sponsored by a
State.
``(5) Ratings.--
``(A) In general.--The Secretary shall develop a
methodology to evaluate and rate a large project on a 5-point
scale (the points of which include `high', `medium-high',
`medium', `medium-low', and `low') for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(B) Requirement.--To be considered justified and receive
a recommendation for funding in the annual report under
paragraph (6), a project shall receive a rating of not less
than `medium' for each rating required under subparagraph (A).
``(C) Interim methodology.--In the first fiscal year for
which funds are made available for obligation for grants under
the program, the Secretary may establish an interim methodology
to evaluate and rate a large project for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations
of the Senate a report that includes--
``(i) a list of large projects that have requested a
recommendation for funding under a new grant agreement from
funds anticipated to be available to carry out this
subsection in the next fiscal year;
``(ii) the evaluation under paragraph (4) and ratings
under paragraph (5) for each project referred to in clause
(i);
``(iii) the grant amounts that the Secretary recommends
providing to large projects in the next fiscal year,
including--
``(I) scheduled payments under previously signed
multiyear grant agreements under subsection (j);
``(II) payments for new grant agreements, including
single-year grant agreements and multiyear grant
agreements; and
``(III) a description of how amounts anticipated to
be available for the program from the Highway Trust
Fund for that fiscal year will be distributed; and
``(iv) for each project for which the Secretary
recommends a new multiyear grant agreement under subsection
(j), the proposed payout schedule for the project.
``(B) Limitations.--
``(i) In general.--The Secretary shall not recommend in
an annual report under this paragraph a new multiyear grant
agreement provided from funds from the Highway Trust Fund
unless the Secretary determines that the project can be
completed using funds that are anticipated to be available
from the Highway Trust Fund in future fiscal years.
``(ii) General fund projects.--The Secretary--
``(I) may recommend for funding in an annual report
under this paragraph a large project using funds from
the general fund of the Treasury; but
``(II) shall not execute a grant agreement for that
project unless--
``(aa) funds other than from the Highway Trust
Fund have been made available for the project; and
``(bb) the Secretary determines that the
project can be completed using funds other than
from the Highway Trust Fund that are anticipated to
be available in future fiscal years.
``(C) Considerations.--In selecting projects to recommend
for funding in the annual report under this paragraph, or, in
the case of the first fiscal year for which funds are made
available for obligation for grants under the program, projects
for immediate execution of a grant agreement, the Secretary
shall--
``(i) consider the amount of funds available in future
fiscal years for multiyear grant agreements as described in
subparagraph (B); and
``(ii) assume the availability of funds in future
fiscal years for multiyear grant agreements that extend
beyond the period of authorization based on the amount made
available for large projects under the program in the last
fiscal year of the period of authorization.
``(D) Project diversity.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall ensure diversity among projects
recommended based on--
``(i) the amount of the grant requested; and
``(ii) grants for an eligible project for 1 bridge
compared to an eligible project that is a bundle of
projects.
``(h) Eligible Project Costs.--A grant received for an eligible
project under the program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities;
``(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational
improvements directly related to improving system performance; and
``(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour
protection.
``(i) TIFIA Program.--On the request of an eligible entity carrying
out an eligible project, the Secretary may use amounts awarded to the
entity to pay subsidy and administrative costs necessary to provide to
the entity Federal credit assistance under chapter 6 with respect to
the eligible project for which the grant was awarded.
``(j) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant under
the program in an amount of not less than $100,000,000 may be
carried out through a multiyear grant agreement in accordance with
this subsection.
``(2) Requirements.--A multiyear grant agreement for a large
project described in paragraph (1) shall--
``(A) establish the terms of participation by the Federal
Government in the project;
``(B) establish the maximum amount of Federal financial
assistance for the project in accordance with paragraphs (3)
and (4) of subsection (c);
``(C) establish a payout schedule for the project that
provides for disbursement of the full grant amount by not later
than 4 fiscal years after the fiscal year in which the initial
amount is provided;
``(D) determine the period of time for completing the
project, even if that period extends beyond the period of an
authorization; and
``(E) attempt to improve timely and efficient management of
the project, consistent with all applicable Federal laws
(including regulations).
``(3) Special financial rules.--
``(A) In general.--A multiyear grant agreement under this
subsection--
``(i) shall obligate an amount of available budget
authority specified in law; and
``(ii) may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law.
``(B) Statement of contingent commitment.--The agreement
shall state that the contingent commitment is not an obligation
of the Federal Government.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other financing costs
of carrying out a part of the project within a reasonable
time shall be considered a cost of carrying out the project
under a multiyear grant agreement, except that eligible
costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the
time of borrowing.
``(ii) Certification.--The applicant shall certify to
the Secretary that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
``(4) Advance payment.--Notwithstanding any other provision of
law, an eligible entity carrying out a large project under a
multiyear grant agreement--
``(A) may use funds made available to the eligible entity
under this title for eligible project costs of the large
project until the amount specified in the multiyear grant
agreement for the project for that fiscal year becomes
available for obligation; and
``(B) if the eligible entity uses funds as described in
subparagraph (A), the funds used shall be reimbursed from the
amount made available under the multiyear grant agreement for
the project.
``(k) Undertaking Parts of Projects in Advance Under Letters of No
Prejudice.--
``(1) In general.--The Secretary may pay to an applicant all
eligible project costs under the program, including costs for an
activity for an eligible project incurred prior to the date on
which the project receives funding under the program if--
``(A) before the applicant carries out the activity, the
Secretary approves through a letter to the applicant the
activity in the same manner as the Secretary approves other
activities as eligible under the program;
``(B) a record of decision, a finding of no significant
impact, or a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued for the eligible project; and
``(C) the activity is carried out without Federal
assistance and in accordance with all applicable procedures and
requirements.
``(2) Interest and other financing costs.--
``(A) In general.--For purposes of paragraph (1), the cost
of carrying out an activity for an eligible project includes
the amount of interest and other financing costs, including any
interest earned and payable on bonds, to the extent interest
and other financing costs are expended in carrying out the
activity for the eligible project, except that interest and
other financing costs may not be more than the cost of the most
favorable financing terms reasonably available for the eligible
project at the time of borrowing.
``(B) Certification.--The applicant shall certify to the
Secretary that the applicant has shown reasonable diligence in
seeking the most favorable financing terms under subparagraph
(A).
``(3) No obligation or influence on recommendations.--An
approval by the Secretary under paragraph (1)(A) shall not--
``(A) constitute an obligation of the Federal Government;
or
``(B) alter or influence any evaluation under subsection
(f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
for funding under the program.
``(l) Federally-owned Bridges.--
``(1) Divestiture consideration.--In the case of a bridge owned
by a Federal land management agency for which that agency applies
for a grant under the program, the agency--
``(A) shall consider options to divest the bridge to a
State or local entity after completion of the project; and
``(B) may apply jointly with the State or local entity to
which the bridge may be divested.
``(2) Treatment.--Notwithstanding any other provision of law,
section 129 shall apply to a bridge that was previously owned by a
Federal land management agency and has been transferred to a non-
Federal entity under paragraph (1) in the same manner as if the
bridge was never federally owned.
``(m) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.
``(n) Congressional Notification.--Not later than 30 days before
making a grant for an eligible project under the program, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a written notification of the proposed grant
that includes--
``(1) an evaluation and justification for the eligible project;
and
``(2) the amount of the proposed grant.
``(o) Reports.--
``(1) Annual report.--Not later than August 1 of each fiscal
year, the Secretary shall make available on the website of the
Department of Transportation an annual report that lists each
eligible project for which a grant has been provided under the
program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years after
the date of enactment of the Surface Transportation Reauthorization
Act of 2021, the Comptroller General of the United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that describes--
``(i) the adequacy and fairness of the process under
which each eligible project that received a grant under the
program was selected; and
``(ii) the justification and criteria used for the
selection of each eligible project.
``(p) Limitation.--
``(1) Large projects.--Of the amounts made available out of the
Highway Trust Fund (other than the Mass Transit Account) to carry
out this section for each of fiscal years 2022 through 2026, not
less than 50 percent, in aggregate, shall be used for large
projects.
``(2) Unutilized amounts.--If, in fiscal year 2026, the
Secretary determines that grants under the program will not allow
for the requirement under paragraph (1) to be met, the Secretary
shall use the unutilized amounts to make other grants under the
program during that fiscal year.
``(q) Tribal Transportation Facility Bridge Set Aside.--
``(1) In general.--Of the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a
fiscal year to carry out this section, the Secretary shall use, to
carry out section 202(d)--
``(A) $16,000,000 for fiscal year 2022;
``(B) $18,000,000 for fiscal year 2023;
``(C) $20,000,000 for fiscal year 2024;
``(D) $22,000,000 for fiscal year 2025; and
``(E) $24,000,000 for fiscal year 2026.
``(2) Treatment.--For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be
considered to be part of the tribal transportation program.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 123 the following:
``124. Bridge investment program.''.
SEC. 11119. SAFE ROUTES TO SCHOOL.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Safe routes to school
``(a) Definitions.--In this section:
``(1) In the vicinity of schools.--The term `in the vicinity of
schools', with respect to a school, means the approximately 2-mile
area within bicycling and walking distance of the school.
``(2) Primary, middle, and high schools.--The term `primary,
middle, and high schools' means schools providing education from
kindergarten through 12th grade.
``(b) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a safe routes to school
program for the benefit of children in primary, middle, and high
schools.
``(c) Purposes.--The purposes of the program established under
subsection (b) shall be--
``(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and more
appealing transportation alternative, thereby encouraging a healthy
and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve safety
and reduce traffic, fuel consumption, and air pollution in the
vicinity of schools.
``(d) Apportionment of Funds.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal year
shall be apportioned among the States so that each State receives
the amount equal to the proportion that--
``(A) the total student enrollment in primary, middle, and
high schools in each State; bears to
``(B) the total student enrollment in primary, middle, and
high schools in all States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
``(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made available to carry
out this section for a fiscal year, the Secretary shall set aside
not more than $3,000,000 of those amounts for the administrative
expenses of the Secretary in carrying out this section.
``(4) Determination of student enrollments.--Determinations
under this subsection relating to student enrollments shall be made
by the Secretary.
``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the State department of
transportation.
``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, Tribal, and regional agencies, including nonprofit
organizations, that demonstrate an ability to meet the requirements of
this section.
``(g) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State under
this section may be used for the planning, design, and
construction of infrastructure-related projects that will
substantially improve the ability of students to walk and
bicycle to school, including sidewalk improvements, traffic
calming and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle facilities,
off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in the
vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on any
public road or any bicycle or pedestrian pathway or trail in
the vicinity of schools.
``(2) Noninfrastructure-related activities.--
``(A) In general.--In addition to projects described in
paragraph (1), amounts apportioned to a State under this
section may be used for noninfrastructure-related activities to
encourage walking and bicycling to school, including public
awareness campaigns and outreach to press and community
leaders, traffic education and enforcement in the vicinity of
schools, student sessions on bicycle and pedestrian safety,
health, and environment, and funding for training, volunteers,
and managers of safe routes to school programs.
``(B) Allocation.--Not less than 10 percent and not more
than 30 percent of the amount apportioned to a State under this
section for a fiscal year shall be used for noninfrastructure-
related activities under this paragraph.
``(3) Safe routes to school coordinator.--Each State shall use
a sufficient amount of the apportionment of the State for each
fiscal year to fund a full-time position of coordinator of the safe
routes to school program of the State.
``(h) Clearinghouse.--
``(1) In general.--The Secretary shall make grants to a
national nonprofit organization engaged in promoting safe routes to
schools--
``(A) to operate a national safe routes to school
clearinghouse;
``(B) to develop information and educational programs on
safe routes to school; and
``(C) to provide technical assistance and disseminate
techniques and strategies used for successful safe routes to
school programs.
``(2) Funding.--The Secretary shall carry out this subsection
using amounts set aside for administrative expenses under
subsection (d)(3).
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 2 of title 23, United States Code,
is amended by inserting after the item relating to section 207 the
following:
``208. Safe routes to school.''.
(2) Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law
109-59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA-LU (Public
Law 109-59; 119 Stat. 1144) is amended by striking the item
relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
years 2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $110,000,000 for fiscal year 2022;
``(2) $112,000,000 for fiscal year 2023;
``(3) $114,000,000 for fiscal year 2024;
``(4) $116,000,000 for fiscal year 2025; and
``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. VULNERABLE ROAD USER RESEARCH.
(a) Definitions.--In this subsection:
(1) Administrator.--The term ``Administrator'' means the
Secretary, acting through the Administrator of the Federal Highway
Administration.
(2) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given the term in section 148(a) of title 23,
United States Code.
(b) Establishment of Research Plan.--The Administrator shall
establish a research plan to prioritize research on roadway designs,
the development of safety countermeasures to minimize fatalities and
serious injuries to vulnerable road users, and the promotion of
bicycling and walking, including research relating to--
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate in a
suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) tools to evaluate the impact of transportation improvements
on projected rates and safety of bicycling and walking; and
(4) other research areas to be determined by the Administrator.
(c) Vulnerable Road User Assessments.--The Administrator shall--
(1) review each vulnerable road user safety assessment
submitted by a State under section 148(l) of title 23, United
States Code, and other relevant sources of data to determine what,
if any, standard definitions and methods should be developed
through guidance to enable a State to collect pedestrian injury and
fatality data; and
(2) in the first progress update under subsection (d)(2),
provide--
(A) the results of the determination described in paragraph
(1); and
(B) the recommendations of the Secretary with respect to
the collection and reporting of data on the safety of
vulnerable road users.
(d) Submission; Publication.--
(1) Submission of plan.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives the research plan described in subsection (b).
(2) Progress updates.--Not later than 2 years after the date of
enactment of this Act, and biannually thereafter, the Administrator
shall submit to the Committees described in paragraph (1)--
(A) updates on the progress and findings of the research
conducted pursuant to the plan described in subsection (b); and
(B) in the first submission under this paragraph, the
results and recommendations described in subsection (c)(2).
SEC. 11123. WILDLIFE CROSSING SAFETY.
(a) Declaration of Policy.--Section 101(b)(3)(D) of title 23,
United States Code, is amended, in the matter preceding clause (i), by
inserting ``resilient,'' after ``efficient,''.
(b) Wildlife Crossings Pilot Program.--
(1) In general.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Wildlife crossings pilot program
``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest
because--
``(1) according to the report of the Federal Highway
Administration entitled `Wildlife-Vehicle Collision Reduction
Study', there are more than 1,000,000 wildlife-vehicle collisions
every year;
``(2) wildlife-vehicle collisions--
``(A) present a danger to--
``(i) human safety; and
``(ii) wildlife survival; and
``(B) represent a persistent concern that results in tens
of thousands of serious injuries and hundreds of fatalities on
the roadways of the United States; and
``(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
``(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
``(b) Establishment.--The Secretary shall establish a competitive
wildlife crossings pilot program (referred to in this section as the
`pilot program') to provide grants for projects that seek to achieve--
``(1) a reduction in the number of wildlife-vehicle collisions;
and
``(2) in carrying out the purpose described in paragraph (1),
improved habitat connectivity for terrestrial and aquatic species.
``(c) Eligible Entities.--An entity eligible to apply for a grant
under the pilot program is--
``(1) a State highway agency, or an equivalent of that agency;
``(2) a metropolitan planning organization (as defined in
section 134(b));
``(3) a unit of local government;
``(4) a regional transportation authority;
``(5) a special purpose district or public authority with a
transportation function, including a port authority;
``(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those terms
are defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602));
``(7) a Federal land management agency; or
``(8) a group of any of the entities described in paragraphs
(1) through (7).
``(d) Applications.--
``(1) In general.--To be eligible to receive a grant under the
pilot program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Requirement.--If an application under paragraph (1) is
submitted by an eligible entity other than an eligible entity
described in paragraph (1) or (7) of subsection (c), the
application shall include documentation that the State highway
agency, or an equivalent of that agency, of the State in which the
eligible entity is located was consulted during the development of
the application.
``(3) Guidance.--To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an agency
in the State with jurisdiction over fish and wildlife.
``(e) Considerations.--In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the
following:
``(1) Primarily, the extent to which the proposed project of an
eligible entity is likely to protect motorists and wildlife by
reducing the number of wildlife-vehicle collisions and improve
habitat connectivity for terrestrial and aquatic species.
``(2) Secondarily, the extent to which the proposed project of
an eligible entity is likely to accomplish the following:
``(A) Leveraging Federal investment by encouraging non-
Federal contributions to the project, including projects from
public-private partnerships.
``(B) Supporting local economic development and improvement
of visitation opportunities.
``(C) Incorporation of innovative technologies, including
advanced design techniques and other strategies to enhance
efficiency and effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity for terrestrial
and aquatic species.
``(D) Provision of educational and outreach opportunities.
``(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in, selected
projects.
``(F) Any other criteria relevant to reducing the number of
wildlife-vehicle collisions and improving habitat connectivity
for terrestrial and aquatic species, as the Secretary
determines to be appropriate, subject to the condition that the
implementation of the pilot program shall not be delayed in the
absence of action by the Secretary to identify additional
criteria under this subparagraph.
``(f) Use of Funds.--
``(1) In general.--The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
``(2) Grant administration.--
``(A) In general.--A grant received under the pilot program
shall be administered by--
``(i) in the case of a grant to a Federal land
management agency or an Indian tribe (as defined in section
207(m)(1), including a Native village and a Native
Corporation (as those terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the
Federal Highway Administration, through an agreement; and
``(ii) in the case of a grant to an eligible entity
other than an eligible entity described in clause (i), the
State highway agency, or an equivalent of that agency, for
the State in which the project is to be carried out.
``(B) Partnerships.--
``(i) In general.--A grant received under the pilot
program may be used to provide funds to eligible partners
of the project for which the grant was received described
in clause (ii), in accordance with the terms of the project
agreement.
``(ii) Eligible partners described.--The eligible
partners referred to in clause (i) include--
``(I) a metropolitan planning organization (as
defined in section 134(b));
``(II) a unit of local government;
``(III) a regional transportation authority;
``(IV) a special purpose district or public
authority with a transportation function, including a
port authority;
``(V) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602));
``(VI) a Federal land management agency;
``(VII) a foundation, nongovernmental organization,
or institution of higher education;
``(VIII) a Federal, Tribal, regional, or State
government entity; and
``(IX) a group of any of the entities described in
subclauses (I) through (VIII).
``(3) Compliance.--An eligible entity that receives a grant
under the pilot program and enters into a partnership described in
paragraph (2) shall establish measures to verify that an eligible
partner that receives funds from the grant complies with the
conditions of the pilot program in using those funds.
``(g) Requirement.--The Secretary shall ensure that not less than
60 percent of the amounts made available for grants under the pilot
program each fiscal year are for projects located in rural areas.
``(h) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each calendar
year, the Secretary shall submit to Congress, and make publicly
available, a report describing the activities under the pilot
program for the fiscal year that ends during that calendar year.
``(2) Contents.--The report under paragraph (1) shall include--
``(A) a detailed description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the pilot
program in meeting the purposes described in subsection (b);
and
``(C) policy recommendations to improve the effectiveness
of the pilot program.
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 170 the following:
``171. Wildlife crossings pilot program.''.
(c) Wildlife Vehicle Collision Reduction and Habitat Connectivity
Improvement.--
(1) In general.--Chapter 1 of title 23, United States Code (as
amended by subsection (b)(1)), is amended by adding at the end the
following:
``Sec. 172. Wildlife-vehicle collision reduction and habitat
connectivity improvement
``(a) Study.--
``(1) In general.--The Secretary shall conduct a study
(referred to in this subsection as the `study') of the state, as of
the date of the study, of the practice of methods to reduce
collisions between motorists and wildlife (referred to in this
section as `wildlife-vehicle collisions').
``(2) Contents.--
``(A) Areas of study.--The study shall--
``(i) update and expand on, as appropriate--
``(I) the report entitled `Wildlife Vehicle
Collision Reduction Study: 2008 Report to Congress';
and
``(II) the document entitled `Wildlife Vehicle
Collision Reduction Study: Best Practices Manual' and
dated October 2008; and
``(ii) include--
``(I) an assessment, as of the date of the study,
of--
``(aa) the causes of wildlife-vehicle
collisions;
``(bb) the impact of wildlife-vehicle
collisions on motorists and wildlife; and
``(cc) the impacts of roads and traffic on
habitat connectivity for terrestrial and aquatic
species; and
``(II) solutions and best practices for--
``(aa) reducing wildlife-vehicle collisions;
and
``(bb) improving habitat connectivity for
terrestrial and aquatic species.
``(B) Methods.--In carrying out the study, the Secretary
shall--
``(i) conduct a thorough review of research and data
relating to--
``(I) wildlife-vehicle collisions; and
``(II) habitat fragmentation that results from
transportation infrastructure;
``(ii) survey current practices of the Department of
Transportation and State departments of transportation to
reduce wildlife-vehicle collisions; and
``(iii) consult with--
``(I) appropriate experts in the field of wildlife-
vehicle collisions; and
``(II) appropriate experts on the effects of roads
and traffic on habitat connectivity for terrestrial and
aquatic species.
``(3) Report.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall submit to Congress a report on the
results of the study.
``(B) Contents.--The report under subparagraph (A) shall
include--
``(i) a description of--
``(I) the causes of wildlife-vehicle collisions;
``(II) the impacts of wildlife-vehicle collisions;
and
``(III) the impacts of roads and traffic on--
``(aa) species listed as threatened species or
endangered species under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
``(bb) species identified by States as species
of greatest conservation need;
``(cc) species identified in State wildlife
plans; and
``(dd) medium and small terrestrial and aquatic
species;
``(ii) an economic evaluation of the costs and benefits
of installing highway infrastructure and other measures to
mitigate damage to terrestrial and aquatic species,
including the effect on jobs, property values, and economic
growth to society, adjacent communities, and landowners;
``(iii) recommendations for preventing wildlife-vehicle
collisions, including recommended best practices, funding
resources, or other recommendations for addressing
wildlife-vehicle collisions; and
``(iv) guidance, developed in consultation with Federal
land management agencies and State departments of
transportation, State fish and wildlife agencies, and
Tribal governments that agree to participate, for
developing, for each State that agrees to participate, a
voluntary joint statewide transportation and wildlife
action plan--
``(I) to address wildlife-vehicle collisions; and
``(II) to improve habitat connectivity for
terrestrial and aquatic species.
``(b) Workforce Development and Technical Training.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall, based on the study conducted under
subsection (a), develop a series of in-person and online workforce
development and technical training courses--
``(A) to reduce wildlife-vehicle collisions; and
``(B) to improve habitat connectivity for terrestrial and
aquatic species.
``(2) Availability.--The Secretary shall--
``(A) make the series of courses developed under paragraph
(1) available for transportation and fish and wildlife
professionals; and
``(B) update the series of courses not less frequently than
once every 2 years.
``(c) Standardization of Wildlife Collision and Carcass Data.--
``(1) Standardized methodology.--
``(A) In general.--The Secretary, acting through the
Administrator of the Federal Highway Administration (referred
to in this subsection as the `Secretary'), shall develop a
quality standardized methodology for collecting and reporting
spatially accurate wildlife collision and carcass data for the
National Highway System, considering the practicability of the
methodology with respect to technology and cost.
``(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary shall--
``(i) survey existing methodologies and sources of data
collection, including the Fatality Analysis Reporting
System, the General Estimates System of the National
Automotive Sampling System, and the Highway Safety
Information System; and
``(ii) to the extent practicable, identify and correct
limitations of those existing methodologies and sources of
data collection.
``(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall consult
with--
``(i) the Secretary of the Interior;
``(ii) the Secretary of Agriculture, acting through the
Chief of the Forest Service;
``(iii) Tribal, State, and local transportation and
wildlife authorities;
``(iv) metropolitan planning organizations (as defined
in section 134(b));
``(v) members of the American Association of State
Highway Transportation Officials;
``(vi) members of the Association of Fish and Wildlife
Agencies;
``(vii) experts in the field of wildlife-vehicle
collisions;
``(viii) nongovernmental organizations; and
``(ix) other interested stakeholders, as appropriate.
``(2) Standardized national data system with voluntary template
implementation.--The Secretary shall--
``(A) develop a template for State implementation of a
standardized national wildlife collision and carcass data
system for the National Highway System that is based on the
standardized methodology developed under paragraph (1); and
``(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
``(3) Reports.--
``(A) Methodology.--The Secretary shall submit to Congress
a report describing the standardized methodology developed
under paragraph (1) not later than the later of--
``(i) the date that is 18 months after the date of
enactment of the Surface Transportation Reauthorization Act
of 2021; and
``(ii) the date that is 180 days after the date on
which the Secretary completes the development of the
standardized methodology.
``(B) Implementation.--Not later than 4 years after the
date of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall submit to Congress a report
describing--
``(i) the status of the voluntary implementation of the
standardized methodology developed under paragraph (1) and
the template developed under paragraph (2)(A);
``(ii) whether the implementation of the standardized
methodology developed under paragraph (1) and the template
developed under paragraph (2)(A) has impacted efforts by
States, units of local government, and other entities--
``(I) to reduce the number of wildlife-vehicle
collisions; and
``(II) to improve habitat connectivity;
``(iii) the degree of the impact described in clause
(ii); and
``(iv) the recommendations of the Secretary, including
recommendations for further study aimed at reducing
motorist collisions involving wildlife and improving
habitat connectivity for terrestrial and aquatic species on
the National Highway System, if any.
``(d) National Threshold Guidance.--The Secretary shall--
``(1) establish guidance, to be carried out by States on a
voluntary basis, that contains a threshold for determining whether
a highway shall be evaluated for potential mitigation measures to
reduce wildlife-vehicle collisions and increase habitat
connectivity for terrestrial and aquatic species, taking into
consideration--
``(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
``(B) highway-related mortality and the effects of traffic
on the highway on--
``(i) species listed as endangered species or
threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(ii) species identified by a State as species of
greatest conservation need;
``(iii) species identified in State wildlife plans; and
``(iv) medium and small terrestrial and aquatic
species; and
``(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway on the
movements and migrations of those species.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code (as amended by subsection (b)(2)) is amended
by inserting after the item relating to section 171 the following:
``172. Wildlife-vehicle collision reduction and habitat connectivity
improvement.''.
(d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting after subparagraph (E) the following:
``(F) the publication of the Federal Highway Administration
entitled `Wildlife Crossing Structure Handbook: Design and
Evaluation in North America' and dated March 2011; and''.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``, resilience,''
after ``safety'';
(B) in subparagraph (D), by striking ``and'' at the end;
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and terrestrial
species, where appropriate.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) determine if the replacement or rehabilitation of bridges
and tunnels should include measures to enable safe and unimpeded
movement for terrestrial and aquatic species.''; and
(3) in subsection (i), by adding at the end the following:
``(3) Requirement.--The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat restoration
potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129
Stat. 1423) is amended, in the matter preceding paragraph (1), by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
years 2022 through 2026''.
SEC. 11125. GAO REPORT.
(a) In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note;
Public Law 114-94) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraphs (1) and (2) and
inserting the following:
``(1) for the Puerto Rico highway program under subsection
(b)--
``(A) $173,010,000 shall be for fiscal year 2022;
``(B) $176,960,000 shall be for fiscal year 2023;
``(C) $180,120,000 shall be for fiscal year 2024;
``(D) $183,675,000 shall be for fiscal year 2025; and
``(E) $187,230,000 shall be for fiscal year 2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) $45,990,000 shall be for fiscal year 2022;
``(B) $47,040,000 shall be for fiscal year 2023;
``(C) $47,880,000 shall be for fiscal year 2024;
``(D) $48,825,000 shall be for fiscal year 2025; and
``(E) $49,770,000 shall be for fiscal year 2026.'';
(2) in subsection (b)(2)(C)(iii), by inserting ``and
preventative maintenance on the National Highway System'' after
``chapter 1''; and
(3) in subsection (c)(7), by striking ``paragraphs (1) through
(4) of section 133(c) and section 133(b)(12)'' and inserting
``paragraphs (1), (2), (3), and (5) of section 133(c) and section
133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
94) is amended--
(1) in subsection (c)(3), by striking ``$25,000,000'' and all
that follows through the period at the end and inserting
``$12,500,000.'';
(2) in subsection (g)--
(A) by striking the subsection designation and heading and
all that follows through ``The Federal'' in paragraph (1) and
inserting the following:
``(g) Cost Share.--
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal'';
(B) in paragraph (1), by adding at the end the following:
``(B) Tribal projects.--In the case of a project on a
tribal transportation facility (as defined in section 101(a) of
title 23, United States Code), the Federal share of the cost of
the project shall be 100 percent.''; and
(C) in paragraph (2), by striking ``other than those made
available under title 23 or title 49, United States Code,'';
and
(3) by striking subsection (h) and inserting the following:
``(h) Use of Funds.--
``(1) In general.--For each fiscal year, of the amounts made
available to carry out this section--
``(A) 50 percent shall be used for eligible projects on
Federal lands transportation facilities and Federal lands
access transportation facilities (as those terms are defined in
section 101(a) of title 23, United States Code); and
``(B) 50 percent shall be used for eligible projects on
tribal transportation facilities (as defined in section 101(a)
of title 23, United States Code).
``(2) Requirement.--Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be in a
unit of the National Park System with not less than 3,000,000
annual visitors.
``(3) Availability.--Amounts made available to carry out this
section shall remain available for a period of 3 fiscal years
following the fiscal year for which the amounts are
appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(3) by striking the subsection designation and heading and all
that follows through the period at the end of paragraph (1) and
inserting the following:
``(h) Funding.--
``(1) Set-aside.--For each of fiscal years 2022 through 2026,
of the amounts made available to carry out the tribal
transportation program under section 202 of title 23, United States
Code, for that fiscal year, the Secretary shall use $9,000,000 to
carry out the program.
``(2) Authorization of appropriations.--In addition to amounts
made available under paragraph (1), there is authorized to be
appropriated $30,000,000 out of the general fund of the Treasury to
carry out the program for each of fiscal years 2022 through
2026.''.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``(d) On any'' and inserting the following:
``(d) Manual on Uniform Traffic Control Devices.--
``(1) In general.--On any'';
(B) in paragraph (1) (as so designated), by striking
``promote the safe'' and inserting ``promote the safety,
inclusion, and mobility of all users''; and
(C) by adding at the end the following:
``(2) Updates.--Not later than 18 months after the date of
enactment of the Surface Transportation Reauthorization Act of 2021
and not less frequently than every 4 years thereafter, the
Secretary shall update the Manual on Uniform Traffic Control
Devices.'';
(2) in subsection (o)--
(A) by striking ``Projects'' and inserting:
``(A) In general.--Projects''; and
(B) by inserting at the end the following:
``(B) Local jurisdictions.--Notwithstanding subparagraph
(A), a local jurisdiction may use a roadway design guide
recognized by the Federal Highway Administration and adopted by
the local jurisdiction that is different from the roadway
design guide used by the State in which the local jurisdiction
is located for the design of projects on all roadways under the
ownership of the local jurisdiction (other than a highway on
the National Highway System) for which the local jurisdiction
is the project sponsor, provided that the design complies with
all other applicable Federal laws.''; and
(3) by adding at the end the following:
``(s) Electric Vehicle Charging Stations.--
``(1) Standards.--Electric vehicle charging infrastructure
installed using funds provided under this title shall provide, at a
minimum--
``(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
``(B) open access to payment methods that are available to
all members of the public to ensure secure, convenient, and
equal access to the electric vehicle charging infrastructure
that shall not be limited by membership to a particular payment
provider.
``(2) Treatment of projects.--Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) In General.--Section 142(a) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Bus corridors.--In addition to the projects described in
paragraphs (1) and (2), the Secretary may approve payment from sums
apportioned under paragraph (2) or (7) of section 104(b) for
carrying out a capital project for the construction of a bus rapid
transit corridor or dedicated bus lanes, including the construction
or installation of--
``(A) traffic signaling and prioritization systems;
``(B) redesigned intersections that are necessary for the
establishment of a bus rapid transit corridor;
``(C) on-street stations;
``(D) fare collection systems;
``(E) information and wayfinding systems; and
``(F) depots.''.
(b) Technical Correction.--Section 142 of title 23, United States
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) Open Container Requirements.--Section 154(c)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the following:
``(A) Reservation of funds.--
``(i) In general.--On October 1, 2021, and each October
1 thereafter, in the case of a State described in clause
(ii), the Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to in clause
(i) is a State--
``(I) that has not enacted or is not enforcing an
open container law described in subsection (b); and
``(II) for which the Secretary determined for the
prior fiscal year that the State had not enacted or was
not enforcing an open container law described in
subsection (b).''; and
(3) in subparagraph (B), in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
(b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the following:
``(A) Reservation of funds.--
``(i) In general.--On October 1, 2021, and each October
1 thereafter, in the case of a State described in clause
(ii), the Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to in clause
(i) is a State--
``(I) that has not enacted or is not enforcing a
repeat intoxicated driver law; and
``(II) for which the Secretary determined for the
prior fiscal year that the State had not enacted or was
not enforcing a repeat intoxicated driver law.''; and
(3) in subparagraph (B), in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11123(c)(1)), is amended by adding at the end the
following:
``Sec. 173. Rural surface transportation grant program
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the program
established under subsection (b)(1).
``(2) Rural area.--The term `rural area' means an area that is
outside an urbanized area with a population of over 200,000.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a rural
surface transportation grant program to provide grants, on a
competitive basis, to eligible entities to improve and expand the
surface transportation infrastructure in rural areas.
``(2) Goals.--The goals of the program shall be--
``(A) to increase connectivity;
``(B) to improve the safety and reliability of the movement
of people and freight; and
``(C) to generate regional economic growth and improve
quality of life.
``(3) Grant administration.--The Secretary may--
``(A) retain not more than a total of 2 percent of the
funds made available to carry out the program and to review
applications for grants under the program; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under the program.
``(c) Eligible Entities.--The Secretary may make a grant under the
program to--
``(1) a State;
``(2) a regional transportation planning organization;
``(3) a unit of local government;
``(4) a Tribal government or a consortium of Tribal
governments; and
``(5) a multijurisdictional group of entities described in
paragraphs (1) through (4).
``(d) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary may require.
``(e) Eligible Projects.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may make a grant under the program only for a project
that is--
``(A) a highway, bridge, or tunnel project eligible under
section 119(d);
``(B) a highway, bridge, or tunnel project eligible under
section 133(b);
``(C) a project eligible under section 202(a);
``(D) a highway freight project eligible under section
167(h)(5);
``(E) a highway safety improvement project, including a
project to improve a high risk rural road (as those terms are
defined in section 148(a));
``(F) a project on a publicly-owned highway or bridge that
provides or increases access to an agricultural, commercial,
energy, or intermodal facility that supports the economy of a
rural area; or
``(G) a project to develop, establish, or maintain an
integrated mobility management system, a transportation demand
management system, or on-demand mobility services.
``(2) Bundling of eligible projects.--
``(A) In general.--An eligible entity may bundle 2 or more
similar eligible projects under the program that are--
``(i) included as a bundled project in a statewide
transportation improvement program under section 135; and
``(ii) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and the eligible
entity.
``(B) Itemization.--Notwithstanding any other provision of
law (including regulations), a bundling of eligible projects
under this paragraph may be considered to be a single project,
including for purposes of section 135.
``(f) Eligible Project Costs.--An eligible entity may use funds
from a grant under the program for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities; and
``(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational
improvements.
``(g) Project Requirements.--The Secretary may provide a grant
under the program to an eligible project only if the Secretary
determines that the project--
``(1) will generate regional economic, mobility, or safety
benefits;
``(2) will be cost effective;
``(3) will contribute to the accomplishment of 1 or more of the
national goals under section 150;
``(4) is based on the results of preliminary engineering; and
``(5) is reasonably expected to begin construction not later
than 18 months after the date of obligation of funds for the
project.
``(h) Additional Considerations.--In providing grants under the
program, the Secretary shall consider the extent to which an eligible
project will--
``(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
``(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of rural
areas;
``(3) address economic development and job creation challenges,
including energy sector job losses in energy communities as
identified in the report released in April 2021 by the interagency
working group established by section 218 of Executive Order 14008
(86 Fed. Reg. 7628 (February 1, 2021));
``(4) enhance recreational and tourism opportunities by
providing access to Federal land, national parks, national forests,
national recreation areas, national wildlife refuges, wilderness
areas, or State parks;
``(5) contribute to geographic diversity among grant
recipients;
``(6) utilize innovative project delivery approaches or
incorporate transportation technologies;
``(7) coordinate with projects to address broadband
infrastructure needs; or
``(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
``(i) Grant Amount.--Except as provided in subsection (k)(1), a
grant under the program shall be in an amount that is not less than
$25,000,000.
``(j) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program may not exceed 80 percent.
``(2) Federal share for certain projects.--The Federal share of
the cost of an eligible project that furthers the completion of a
designated segment of the Appalachian Development Highway System
under section 14501 of title 40, or addresses a surface
transportation infrastructure need identified for the Denali access
system program under section 309 of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277) shall be up to 100
percent, as determined by the State.
``(3) Use of other federal assistance.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project carried out with a grant
under the program.
``(k) Set Asides.--
``(1) Small projects.--The Secretary shall use not more than 10
percent of the amounts made available for the program for each
fiscal year to provide grants for eligible projects in an amount
that is less than $25,000,000.
``(2) Appalachian development highway system.--The Secretary
shall reserve 25 percent of the amounts made available for the
program for each fiscal year for eligible projects that further the
completion of designated routes of the Appalachian Development
Highway System under section 14501 of title 40.
``(3) Rural roadway lane departures.--The Secretary shall
reserve 15 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects
located in States that have rural roadway fatalities as a result of
lane departures that are greater than the average of rural roadway
fatalities as a result of lane departures in the United States,
based on the latest available data from the Secretary.
``(4) Excess funding.--In any fiscal year in which qualified
applications for grants under this subsection do not allow for the
amounts reserved under paragraphs (1), (2), or (3) to be fully
utilized, the Secretary shall use the unutilized amounts to make
other grants under the program.
``(l) Congressional Review.--
``(1) Notification.--Not less than 60 days before providing a
grant under the program, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) a list of all applications determined to be eligible
for a grant by the Secretary;
``(B) each application proposed to be selected for a grant,
including a justification for the selection; and
``(C) proposed grant amounts.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the list of proposed projects submitted
by the Secretary.
``(3) Congressional disapproval.--The Secretary may not make a
grant or any other obligation or commitment to fund a project under
the program if a joint resolution is enacted disapproving funding
for the project before the last day of the 60-day period described
in paragraph (1).
``(m) Transparency.--
``(1) In general.--Not later than 30 days after providing a
grant for a project under the program, the Secretary shall provide
to all applicants, and publish on the website of the Department of
Transportation, the information described in subsection (l)(1).
``(2) Briefing.--The Secretary shall provide, on the request of
an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to receive
a grant under the program.
``(n) Reports.--
``(1) Annual report.--The Secretary shall make available on the
website of the Department of Transportation at the end of each
fiscal year an annual report that lists each project for which a
grant has been provided under the program during that fiscal year.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the awarding of grants under the
program for each fiscal year.
``(B) Report.--Each fiscal year, the Comptroller General
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes, for the fiscal year--
``(i) the adequacy and fairness of the process by which
each project was selected, if applicable; and
``(ii) the justification and criteria used for the
selection of each project, if applicable.
``(o) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11123(c)(2)), is amended by
inserting after the item relating to section 172 the following:
``173. Rural surface transportation grant program.''.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``pedestrian walkways and bicycle'' and
inserting ``pedestrian walkways and bicycle and shared
micromobility''; and
(B) by striking ``safe bicycle use'' and inserting ``safe
access for bicyclists and pedestrians'';
(2) in subsection (d), by striking ``a position'' and inserting
``up to 2 positions'';
(3) in subsection (e), by striking ``bicycles'' each place it
appears and inserting ``pedestrians or bicyclists'';
(4) in subsection (f), by striking ``and a bicycle'' and
inserting ``or a bicycle or shared micromobility''; and
(5) in subsection (j), by striking paragraph (2) and inserting
the following:
``(2) Electric bicycle.--
``(A) In general.--The term `electric bicycle' means a
bicycle--
``(i) equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than 750
watts;
``(ii) that can safely share a bicycle transportation
facility with other users of such facility; and
``(iii) that is a class 1 electric bicycle, class 2
electric bicycle, or class 3 electric bicycle.
``(B) Classes of electric bicycles.--
``(i) Class 1 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 1 electric bicycle'
means an electric bicycle, other than a class 3 electric
bicycle, equipped with a motor that--
``(I) provides assistance only when the rider is
pedaling; and
``(II) ceases to provide assistance when the speed
of the bicycle reaches or exceeds 20 miles per hour.
``(ii) Class 2 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 2 electric bicycle'
means an electric bicycle equipped with a motor that--
``(I) may be used exclusively to propel the
bicycle; and
``(II) is not capable of providing assistance when
the speed of the bicycle reaches or exceeds 20 miles
per hour.
``(iii) Class 3 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 3 electric bicycle'
means an electric bicycle equipped with a motor that--
``(I) provides assistance only when the rider is
pedaling; and
``(II) ceases to provide assistance when the speed
of the bicycle reaches or exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by adding
at the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for a recreational trail or a
related project shall be administered as if the funds were made
available to carry out this section.''.
SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
In carrying out the first update to the Manual on Uniform Traffic
Control Devices under section 109(d)(2) of title 23, United States
Code, to the greatest extent practicable, the Secretary shall include
updates necessary to provide for--
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle technology
and any preparation necessary for the safe integration of automated
vehicles onto public streets;
(3) appropriate use of variable message signs to enhance public
safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not been
incorporated into the Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
SEC. 11201. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning
organization, the metropolitan planning organization shall
consider the equitable and proportional representation of the
population of the metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan planning
area'' and inserting ``an existing urbanized area (as
defined by the Bureau of the Census)''; and
(ii) by striking ``the existing metropolitan planning
area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan area''
and inserting ``an urbanized area (as defined by the Bureau of
the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between MPOs.--If more than 1 metropolitan
planning organization is designated within an urbanized area (as
defined by the Bureau of the Census) under subsection (d)(7), the
metropolitan planning organizations designated within the area
shall ensure, to the maximum extent practicable, the consistency of
any data used in the planning process, including information used
in forecasting travel demand.
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including a
unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the following:
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``paragraphs (5)(D) and (6)
of section 104(b) of this title'' and inserting ``section
104(b)(6)''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
135(f)(3) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Use of technology.--A State may use social media and
other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
(c) Conforming Amendment.--Section 135(i) of title 23, United
States Code, is amended by striking ``paragraphs (5)(D) and (6) of
section 104(b) of this title'' and inserting ``section 104(b)(6)''.
(d) Housing Coordination.--Section 134 of title 23, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``better connect housing
and employment,'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,'' after
``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
``(iii) assumed distribution of population and
housing;''; and
(B) in paragraph (6)(A), by inserting ``affordable housing
organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section may address the integration
of housing, transportation, and economic development strategies
through a process that provides for effective integration,
based on a cooperatively developed and implemented strategy, of
new and existing transportation facilities eligible for funding
under this title and chapter 53 of title 49.
``(B) Coordination in integrated planning process.--In
carrying out the process described in subparagraph (A), a
metropolitan planning organization may--
``(i) consult with--
``(I) State and local entities responsible for land
use, economic development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or private
entities; and
``(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals of
the process with the goals of any comprehensive housing
affordability strategies established within the
metropolitan planning area pursuant to section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) and plans developed under section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning organization
serving a transportation management area may develop a
housing coordination plan that includes projects and
strategies that may be considered in the metropolitan
transportation plan of the metropolitan planning
organization.
``(ii) Contents.--A plan described in clause (i) may--
``(I) develop regional goals for the integration of
housing, transportation, and economic development
strategies to--
``(aa) better connect housing and employment
while mitigating commuting times;
``(bb) align transportation improvements with
housing needs, such as housing supply shortages,
and proposed housing development;
``(cc) align planning for housing and
transportation to address needs in relationship to
household incomes within the metropolitan planning
area;
``(dd) expand housing and economic development
within the catchment areas of existing
transportation facilities and public transportation
services when appropriate, including higher-density
development, as locally determined;
``(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development and
economic development;
``(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
``(II) identify the location of existing and
planned housing and employment, and transportation
options that connect housing and employment; and
``(III) include a comparison of transportation
plans to land use management plans, including zoning
plans, that may affect road use, public transportation
ridership, and housing development.''.
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11132(a)), is amended by adding at the end the
following:
``Sec. 174. State human capital plans
``(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall encourage each State to
develop a voluntary plan, to be known as a `human capital plan', that
provides for the immediate and long-term personnel and workforce needs
of the State with respect to the capacity of the State to deliver
transportation and public infrastructure eligible under this title.
``(b) Plan Contents.--
``(1) In general.--A human capital plan developed by a State
under subsection (a) shall, to the maximum extent practicable, take
into consideration--
``(A) significant transportation workforce trends, needs,
issues, and challenges with respect to the State;
``(B) the human capital policies, strategies, and
performance measures that will guide the transportation-related
workforce investment decisions of the State;
``(C) coordination with educational institutions, industry,
organized labor, workforce boards, and other agencies or
organizations to address the human capital transportation needs
of the State;
``(D) a workforce planning strategy that identifies current
and future human capital needs, including the knowledge,
skills, and abilities needed to recruit and retain skilled
workers in the transportation industry;
``(E) a human capital management strategy that is aligned
with the transportation mission, goals, and organizational
objectives of the State;
``(F) an implementation system for workforce goals focused
on addressing continuity of leadership and knowledge sharing
across the State;
``(G) an implementation system that addresses workforce
competency gaps, particularly in mission-critical occupations;
``(H) in the case of public-private partnerships or other
alternative project delivery methods to carry out the
transportation program of the State, a description of workforce
needs--
``(i) to ensure that the transportation mission, goals,
and organizational objectives of the State are fully
carried out; and
``(ii) to ensure that procurement methods provide the
best public value;
``(I) a system for analyzing and evaluating the performance
of the State department of transportation with respect to all
aspects of human capital management policies, programs, and
activities; and
``(J) the manner in which the plan will improve the ability
of the State to meet the national policy in support of
performance management established under section 150.
``(2) Planning period.--If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year forecast
period.
``(c) Plan Updates.--If a State develops a human capital plan under
subsection (a), the State shall update the plan not less frequently
than once every 5 years.
``(d) Relationship to Long-range Plan.--
``(1) In general.--Subject to paragraph (2), a human capital
plan developed by a State under subsection (a) may be developed
separately from, or incorporated into, the long-range statewide
transportation plan required under section 135.
``(2) Effect of section.--Nothing in this section requires a
State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
``(e) Public Availability.--Each State that develops a human
capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the website of the
State department of transportation.
``(f) Savings Provision.--Nothing in this section prevents a State
from carrying out transportation workforce planning--
``(1) not described in this section; or
``(2) not in accordance with this section.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11132(b)), is amended by
inserting after the item relating to section 173 the following:
``174. State human capital plans.''.
SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means any of
the following:
(A) A metropolitan planning organization that serves an
area with a population of over 200,000.
(B) A State.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(3) Prioritization process pilot program.--The term
``prioritization process pilot program'' means the pilot program
established under subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish and solicit
applications for a prioritization process pilot program.
(2) Purpose.--The purpose of the prioritization process pilot
program shall be to support data-driven approaches to planning
that, on completion, can be evaluated for public benefit.
(c) Pilot Program Administration.--
(1) In general.--An eligible entity participating in the
prioritization process pilot program shall--
(A) use priority objectives that are developed--
(i) in the case of an urbanized area with a population
of over 200,000, by the metropolitan planning organization
that serves the area, in consultation with the State;
(ii) in the case of an urbanized area with a population
of 200,000 or fewer, by the State in consultation with all
metropolitan planning organizations in the State; and
(iii) through a public process that provides an
opportunity for public input;
(B) assess and score projects and strategies on the basis
of--
(i) the contribution and benefits of the project or
strategy to each priority objective developed under
subparagraph (A);
(ii) the cost of the project or strategy relative to
the contribution and benefits assessed and scored under
clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B) to guide
project selection in the development of the transportation plan
and transportation improvement program; and
(D) ensure that the public--
(i) has opportunities to provide public comment on
projects before decisions are made on the transportation
plan and the transportation improvement program; and
(ii) has access to clear reasons why each project or
strategy was selected or not selected.
(2) Requirements.--An eligible entity that receives a grant
under the prioritization process pilot program shall use the funds
as described in each of the following, as applicable:
(A) Metropolitan transportation planning.--In the case of a
metropolitan planning organization that serves an area with a
population of over 200,000, the entity shall--
(i) develop and implement a publicly accessible,
transparent prioritization process for the selection of
projects for inclusion on the transportation plan for the
metropolitan planning area under section 134(i) of title
23, United States Code, and section 5303(i) of title 49,
United States Code, which shall--
(I) include criteria identified by the metropolitan
planning organization, which may be weighted to reflect
the priority objectives developed under paragraph
(1)(A), that the metropolitan planning organization has
determined support--
(aa) factors described in section 134(h) of
title 23, United States Code, and section 5303(h)
of title 49, United States Code;
(bb) targets for national performance measures
under section 150(b) of title 23, United States
Code;
(cc) applicable transportation goals in the
metropolitan planning area or State set by the
applicable transportation agency; and
(dd) priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria described
in subclause (I) relative to the cost of the proposed
project; and
(III) use the evaluation under subclause (II) to
create a ranked list of proposed projects; and
(ii) with respect to the priority list under section
134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
49, United States Code, include projects according to the
rank of the project under clause (i)(III), except as
provided in subparagraph (D).
(B) Statewide transportation planning.--In the case of a
State, the State shall--
(i) develop and implement a publicly accessible,
transparent process for the selection of projects for
inclusion on the long-range statewide transportation plan
under section 135(f) of title 23, United States Code, which
shall--
(I) include criteria identified by the State, which
may be weighted to reflect statewide priorities, that
the State has determined support--
(aa) factors described in section 135(d) of
title 23, United States Code, and section 5304(d)
of title 49, United States Code;
(bb) national transportation goals under
section 150(b) of title 23, United States Code;
(cc) applicable transportation goals in the
State; and
(dd) the priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria described
in subclause (I) relative to the cost of the proposed
project; and
(III) use the evaluation under subclause (II) to
create a ranked list of proposed projects; and
(ii) with respect to the statewide transportation
improvement program under section 135(g) of title 23,
United States Code, and section 5304(g) of title 49, United
States Code, include projects according to the rank of the
project under clause (i)(III), except as provided in
subparagraph (D).
(C) Additional transportation planning.--If the eligible
entity has implemented, and has in effect, the requirements
under subparagraph (A) or (B), as applicable, the eligible
entity may use any remaining funds from a grant provided under
the pilot program for any transportation planning purpose.
(D) Exceptions to priority ranking.--In the case of any
project that the eligible entity chooses to include or not
include in the transportation improvement program under section
134(j) of title 23, United States Code, or the statewide
transportation improvement program under section 135(g) of
title 23, United States Code, as applicable, in a manner that
is contrary to the priority ranking for that project
established under subparagraph (A)(i)(III) or (B)(i)(III), the
eligible entity shall make publicly available an explanation
for the decision, including--
(i) a review of public comments regarding the project;
(ii) an evaluation of public support for the project;
(iii) an assessment of geographic balance of projects
of the eligible entity; and
(iv) the number of projects of the eligible entity in
economically distressed areas.
(3) Maximum amount.--The maximum amount of a grant under the
prioritization process pilot program is $2,000,000.
(d) Applications.--To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit
to the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
(a) Definition of Metropolitan Planning Organization.--In this
section, the term ``metropolitan planning organization'' has the
meaning given the term in section 134(b) of title 23, United States
Code.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than once every 5
years thereafter, the Secretary shall carry out a study that--
(A) gathers travel data and travel demand forecasts from a
representative sample of States and metropolitan planning
organizations;
(B) uses the data and forecasts gathered under subparagraph
(A) to compare travel demand forecasts with the observed data,
including--
(i) traffic counts;
(ii) travel mode share and public transit ridership;
and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs (A) and
(B)--
(i) to develop best practices or guidance for States
and metropolitan planning organizations to use in
forecasting travel demand for future investments in
transportation improvements;
(ii) to evaluate the impact of transportation
investments, including new roadway capacity, on travel
behavior and travel demand, including public transportation
ridership, induced highway travel, and congestion;
(iii) to support more accurate travel demand
forecasting by States and metropolitan planning
organizations; and
(iv) to enhance the capacity of States and metropolitan
planning organizations--
(I) to forecast travel demand; and
(II) to track observed travel behavior responses,
including induced travel, to changes in transportation
capacity, pricing, and land use patterns.
(2) Secretarial support.--The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code, through
the provision of data to States and metropolitan planning
organizations to improve the quality of plans, models, and
forecasts described in this subsection.
(3) Evaluation tool.--The Secretary shall develop a publicly
available multimodal web-based tool for the purpose of enabling
States and metropolitan planning organizations to evaluate the
effect of investments in highway and public transportation projects
on the use and conditions of all transportation assets within the
State or area served by the metropolitan planning organization, as
applicable.
SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS.
(a) Definition of Complete Streets Standards or Policies.--In this
section, the term ``Complete Streets standards or policies'' means
standards or policies that ensure the safe and adequate accommodation
of all users of the transportation system, including pedestrians,
bicyclists, public transportation users, children, older individuals,
individuals with disabilities, motorists, and freight vehicles.
(b) Funding Requirement.--Notwithstanding any other provision of
law, each State and metropolitan planning organization shall use to
carry out 1 or more activities described in subsection (c)--
(1) in the case of a State, not less than 2.5 percent of the
amounts made available to the State to carry out section 505 of
title 23, United States Code; and
(2) in the case of a metropolitan planning organization, not
less than 2.5 percent of the amounts made available to the
metropolitan planning organization under section 104(d) of title
23, United States Code.
(c) Activities Described.--An activity referred to in subsection
(b) is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if
permissible under applicable State and local laws, may include--
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan that
identifies a specific list of Complete Streets projects to improve
the safety, mobility, or accessibility of a street;
(3) development of transportation plans--
(A) to create a network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect neighborhoods with destinations such
as workplaces, schools, residences, businesses, recreation
areas, healthcare and child care services, or other community
activity centers;
(B) to integrate active transportation facilities with
public transportation service or improve access to public
transportation;
(C) to create multiuse active transportation infrastructure
facilities, including bikeways or pedestrian and bicycle
trails, that make connections within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and pedestrians;
(4) regional and megaregional planning to address travel demand
and capacity constraints through alternatives to new highway
capacity, including through intercity passenger rail; and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) Federal Share.--The Federal share of the cost of an activity
carried out under this section shall be 80 percent, unless the
Secretary determines that the interests of the Federal-aid highway
program would be best served by decreasing or eliminating the non-
Federal share.
(e) State Flexibility.--A State or metropolitan planning
organization, with the approval of the Secretary, may opt out of the
requirements of this section if the State or metropolitan planning
organization demonstrates to the Secretary, by not later than 30 days
before the Secretary apportions funds for a fiscal year under section
104, that the State or metropolitan planning organization--
(1) has Complete Streets standards and policies in place; and
(2) has developed an up-to-date Complete Streets prioritization
plan as described in subsection (c)(2).
Subtitle C--Project Delivery and Process Improvement
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) In General.--Section 139 of title 23, United States Code, is
amended--
(1) in the section heading, by striking ``decisionmaking'' and
inserting ``decisionmaking and One Federal Decision'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11),
respectively;
(B) by inserting after paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review process
that is required under Federal law to site, construct, or
reconstruct a project.
``(3) Environmental document.--The term `environmental
document' includes an environmental assessment, finding of no
significant impact, notice of intent, environmental impact
statement, or record of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``process for and completion of any
environmental permit'' and inserting ``process and schedule,
including a timetable for and completion of any environmental
permit''; and
(D) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Major project.--
``(A) In general.--The term `major project' means a project
for which--
``(i) multiple permits, approvals, reviews, or studies
are required under a Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) the project sponsor has identified the
reasonable availability of funds sufficient to complete the
project;
``(iii) the project is not a covered project (as
defined in section 41001 of the FAST Act (42 U.S.C.
4370m)); and
``(iv)(I) the head of the lead agency has determined
that an environmental impact statement is required; or
``(II) the head of the lead agency has determined that
an environmental assessment is required, and the project
sponsor requests that the project be treated as a major
project.
``(B) Clarification.--In this section, the term `major
project' does not have the same meaning as the term `major
project' as described in section 106(h).'';
(3) in subsection (b)(1)--
(A) by inserting ``, including major projects,'' after
``all projects''; and
(B) by inserting ``as requested by a project sponsor and''
after ``applied,'';
(4) in subsection (c)--
(A) in paragraph (6)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) to calculate annually the average time taken by the
lead agency to complete all environmental documents for each
project during the previous fiscal year.''; and
(B) by adding at the end the following:
``(7) Process improvements for projects.--
``(A) In general.--The Secretary shall review--
``(i) existing practices, procedures, rules,
regulations, and applicable laws to identify impediments to
meeting the requirements applicable to projects under this
section; and
``(ii) best practices, programmatic agreements, and
potential changes to internal departmental procedures that
would facilitate an efficient environmental review process
for projects.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Secretary shall consult, as appropriate,
with the heads of other Federal agencies that participate in
the environmental review process.
``(C) Report.--Not later than 2 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
``(i) the results of the review under subparagraph (A);
and
``(ii) an analysis of whether additional funding would
help the Secretary meet the requirements applicable to
projects under this section.'';
(5) in subsection (d)--
(A) in paragraph (8)--
(i) in the paragraph heading, by striking ``NEPA'' and
inserting ``environmental'';
(ii) in subparagraph (A)--
(I) by inserting ``and except as provided in
subparagraph (D)'' after ``paragraph (7)'';
(II) by striking ``permits'' and inserting
``authorizations''; and
(III) by striking ``single environment document''
and inserting ``single environmental document for each
kind of environmental document'';
(iii) in subparagraph (B)(i)--
(I) by striking ``an environmental document'' and
inserting ``environmental documents''; and
(II) by striking ``permits issued'' and inserting
``authorizations''; and
(iv) by adding at the end the following:
``(D) Exceptions.--The lead agency may waive the
application of subparagraph (A) with respect to a project if--
``(i) the project sponsor requests that agencies issue
separate environmental documents;
``(ii) the obligations of a cooperating agency or
participating agency under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already
been satisfied with respect to the project; or
``(iii) the lead agency determines that reliance on a
single environmental document (as described in subparagraph
(A)) would not facilitate timely completion of the
environmental review process for the project.''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph (C),
all authorization decisions necessary for the construction of a
major project shall be completed by not later than 90 days
after the date of the issuance of a record of decision for the
major project.
``(B) Detail.--The final environmental impact statement for
a major project shall include an adequate level of detail to
inform decisions necessary for the role of the participating
agencies and cooperating agencies in the environmental review
process.
``(C) Extension of deadline.--The head of the lead agency
may extend the deadline under subparagraph (A) if--
``(i) Federal law prohibits the lead agency or another
agency from issuing an approval or permit within the period
described in that subparagraph;
``(ii) the project sponsor requests that the permit or
approval follow a different timeline; or
``(iii) an extension would facilitate completion of the
environmental review and authorization process of the major
project.'';
(6) in subsection (g)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(IV), by striking ``schedule for and
cost of'' and inserting ``time required by an agency to
conduct an environmental review and make decisions under
applicable Federal law relating to a project (including the
issuance or denial of a permit or license) and the cost
of''; and
(ii) by adding at the end the following:
``(iii) Major project schedule.--To the maximum extent
practicable and consistent with applicable Federal law, in
the case of a major project, the lead agency shall develop,
in concurrence with the project sponsor, a schedule for the
major project that is consistent with an agency average of
not more than 2 years for the completion of the
environmental review process for major projects, as
measured from, as applicable--
``(I) the date of publication of a notice of intent
to prepare an environmental impact statement to the
record of decision; or
``(II) the date on which the head of the lead
agency determines that an environmental assessment is
required to a finding of no significant impact.'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Except as provided in clause (ii),
the lead agency may lengthen or shorten a schedule
established under subparagraph (B) for good cause.
``(ii) Exceptions.--
``(I) Major projects.--In the case of a major
project, the lead agency may lengthen a schedule under
clause (i) for a cooperating Federal agency by not more
than 1 year after the latest deadline established for
the major project by the lead agency.
``(II) Shortened schedules.--The lead agency may
not shorten a schedule under clause (i) if doing so
would impair the ability of a cooperating Federal
agency to conduct necessary analyses or otherwise carry
out relevant obligations of the Federal agency for the
project.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
and
(D) by inserting after subparagraph (D) the following:
``(E) Failure to meet deadline.--If a cooperating Federal
agency fails to meet a deadline established under subparagraph
(D)(ii)(I)--
``(i) the cooperating Federal agency shall submit to
the Secretary a report that describes the reasons why the
deadline was not met; and
``(ii) the Secretary shall--
``(I) transmit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a copy of the report under clause (i);
and
``(II) make the report under clause (i) publicly
available on the internet.'';
(7) in subsection (n), by adding at the end the following:
``(3) Length of environmental document.--
``(A) In general.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), to the maximum
extent practicable, the text of the items described in
paragraphs (4) through (6) of section 1502.10(a) of title 40,
Code of Federal Regulations (or successor regulations), of an
environmental impact statement for a project shall be 200 pages
or fewer.
``(B) Exemption.--An environmental impact statement for a
project may exceed 200 pages, if the lead agency establishes a
new page limit for the environmental impact statement for that
project.''; and
(8) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--The Secretary shall establish a performance
accountability system to track each major project.
``(2) Requirements.--The performance accountability system
under paragraph (1) shall, for each major project, track, at a
minimum--
``(A) the environmental review process for the major
project, including the project schedule;
``(B) whether the lead agency, cooperating agencies, and
participating agencies are meeting the schedule established for
the environmental review process; and
``(C) the time taken to complete the environmental review
process.
``(q) Development of Categorical Exclusions.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, and every 4 years thereafter, the
Secretary shall--
``(A) in consultation with the agencies described in
paragraph (2), identify the categorical exclusions described in
section 771.117 of title 23, Code of Federal Regulations (or
successor regulations), that would accelerate delivery of a
project if those categorical exclusions were available to those
agencies;
``(B) collect existing documentation and substantiating
information on the categorical exclusions described in
subparagraph (A); and
``(C) provide to each agency described in paragraph (2)--
``(i) a list of the categorical exclusions identified
under subparagraph (A); and
``(ii) the documentation and substantiating information
under subparagraph (B).
``(2) Agencies described.--The agencies referred to in
paragraph (1) are--
``(A) the Department of the Interior;
``(B) the Department of the Army;
``(C) the Department of Commerce;
``(D) the Department of Agriculture;
``(E) the Department of Energy;
``(F) the Department of Defense; and
``(G) any other Federal agency that has participated in an
environmental review process for a project, as determined by
the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) In general.--Not later than 1 year after the date on
which the Secretary provides a list under paragraph (1)(C), an
agency described in paragraph (2) shall publish a notice of
proposed rulemaking to propose any categorical exclusions from
the list applicable to the agency, subject to the condition
that the categorical exclusion identified under paragraph
(1)(A) meets the criteria for a categorical exclusion under
section 1508.1 of title 40, Code of Federal Regulations (or
successor regulations).
``(B) Public comment.--In a notice of proposed rulemaking
under subparagraph (A), the applicable agency may solicit
comments on whether any of the proposed new categorical
exclusions meet the criteria for a categorical exclusion under
section 1508.1 of title 40, Code of Federal Regulations (or
successor regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.''.
SEC. 11302. WORK ZONE PROCESS REVIEWS.
The Secretary shall amend section 630.1008(e) of title 23, Code of
Federal Regulations, to ensure that the work zone process review under
that subsection is required not more frequently than once every 5
years.
SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
(a) In General.--The Secretary shall amend section 630.1010(c) of
title 23, Code of Federal Regulations, to ensure that only a project
described in that subsection with a lane closure for 3 or more
consecutive days shall be considered to be a significant project for
purposes of that section.
(b) Non-Interstate Projects.--Notwithstanding any other provision
of law, a State shall not be required to develop or implement a
transportation management plan (as described in section 630.1012 of
title 23, Code of Federal Regulations (or successor regulations)) for a
highway project not on the Interstate System if the project requires
not more than 3 consecutive days of lane closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) In General.--The Secretary shall develop guidance for using
existing flexibilities with respect to the systems engineering analysis
described in part 940 of title 23, Code of Federal Regulations (or
successor regulations).
(b) Implementation.--The Secretary shall ensure that any guidance
developed under subsection (a)--
(1) clearly identifies criteria for low-risk and exempt
intelligent transportation systems projects, with a goal of
minimizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department nationwide;
and
(3) is disseminated to Federal-aid recipients.
(c) Savings Provision.--Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administrative
burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) Alternative Contracting Methods for Federal Land Management
Agencies and Tribal Governments.--Section 201 of title 23, United
States Code, is amended by adding at the end the following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of law
(including the Federal Acquisition Regulation), a contracting
method available to a State under this title may be used by the
Secretary, on behalf of--
``(A) a Federal land management agency, in using any funds
pursuant to section 203, 204, or 308;
``(B) a Federal land management agency, in using any funds
pursuant to section 1535 of title 31 for any of the eligible
uses described in sections 203(a)(1) and 204(a)(1) and
paragraphs (1) and (2) of section 308(a); or
``(C) a Tribal government, in using funds pursuant to
section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred to
in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested, under an
experimental program relating to contracting methods carried
out by the Secretary.
``(3) Effect.--Nothing in this subsection--
``(A) affects the application of the Federal share for the
project carried out with a contracting method under this
subsection; or
``(B) modifies the point of obligation of Federal salaries
and expenses.''.
(b) Cooperation With Federal and State Agencies and Foreign
Countries.--Section 308(a) of title 23, United States Code, is amended
by adding at the end the following:
``(4) Alternative contracting methods.--
``(A) In general.--Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), in
performing services under paragraph (1), the Secretary may use
any contracting method available to a State under this title.
``(B) Methods described.--The contracting methods referred
to in subparagraph (A) shall include, at a minimum--
``(i) project bundling;
``(ii) bridge bundling;
``(iii) design-build contracting;
``(iv) 2-phase contracting;
``(v) long-term concession agreements; and
``(vi) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.''.
(c) Use of Alternative Contracting Methods.--In carrying out an
alternative contracting method under section 201(f) or 308(a)(4) of
title 23, United States Code, the Secretary shall--
(1) in consultation with the applicable Federal land management
agencies, establish clear procedures that are--
(A) applicable to the alternative contracting method; and
(B) to the maximum extent practicable, consistent with the
requirements applicable to Federal procurement transactions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method; and
(3) analyze and prepare an evaluation of the use of the
alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-
94) is amended--
(1) in subsection (a), by striking ``and on request by a State,
the Secretary may'' in the matter preceding paragraph (1) and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``, on request by a State, and if in the
public interest (as determined by the Secretary), the Secretary
shall exercise all existing flexibilities under--
``(1) the requirements of title 23, United States Code; and
``(2) other requirements administered by the Secretary, in
whole or in part.''; and
(2) in subsection (b)(2)(A), by inserting ``(including
regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT
AGREEMENTS.
(a) Definition of Template.--In this section, the term ``template''
means a template created by the Secretary for Federal-State stewardship
and oversight agreements that--
(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment to the
agreement;
(2) is developed in accordance with section 106 of title 23,
United States Code, or any other applicable authority; and
(3) may be developed with consideration of relevant
regulations, guidance, or policies.
(b) Request for Comment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register the template and a notice requesting public comment on
ways to improve the template.
(2) Comment period.--The Secretary shall provide a period of
not less than 60 days for public comment on the notice under
paragraph (1).
(3) Certain issues.--The notice under paragraph (1) shall allow
comment on any aspect of the template and shall specifically
request public comment on--
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of the
policies, procedures, processes, or manuals of the States, or
other State actions, if Federal law (including regulations)
does not specifically require an approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices or
actions, including through risk-based approaches, program
reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines to be
appropriate.
(c) Notice of Action; Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, after considering the comments received in
response to the Federal Register notice under subsection (b), the
Secretary shall publish in the Federal Register a notice that--
(A) describes any proposed changes to be made, and any
alternatives to such changes, to the template;
(B) addresses comments in response to which changes were
not made to the template; and
(C) prescribes a schedule and a plan to execute a process
for implementing the changes referred to in subparagraph (A).
(2) Approval requirements.--In addressing comments under
paragraph (1)(B), the Secretary shall include an explanation of the
basis for retaining any requirement for approval of State policies,
procedures, processes, or manuals, or other State actions, if
Federal law (including regulations) does not specifically require
the approval.
(3) Implementation.--
(A) In general.--Not later than 60 days after the date on
which the notice under paragraph (1) is published, the
Secretary shall make changes to the template in accordance
with--
(i) the changes described in the notice under paragraph
(1)(A); and
(ii) the schedule and plan described in the notice
under paragraph (1)(C).
(B) Updates.--Not later than 1 year after the date on which
the revised template under subparagraph (A) is published, the
Secretary shall update existing agreements with States
according to the template updated under subparagraph (A).
(d) Inclusion of Non-standard Terms.--Nothing in this section
precludes the inclusion in a Federal-State stewardship and oversight
agreement of non-standard terms to address a State-specific matter,
including risk-based stewardship and Department oversight involvement
in individual projects of division interest.
(e) Compliance With Non-statutory Terms.--
(1) In general.--The Secretary shall not enforce or otherwise
require a State to comply with approval requirements that are not
required by Federal law (including regulations) in a Federal-State
stewardship and oversight agreement.
(2) Approval authority.--Notwithstanding any other provision of
law, the Secretary shall not assert approval authority over any
matter in a Federal-State stewardship and oversight agreement
reserved to States.
(f) Frequency of Reviews.--Section 106(g)(3) of title 23, United
States Code, is amended--
(1) by striking ``annual'';
(2) by striking ``The Secretary'' and inserting the following:
``(A) In general.--The Secretary''; and
(3) by adding at the end the following:
``(B) Frequency.--
``(i) In general.--Except as provided in clauses (ii)
and (iii), the Secretary shall carry out a review under
subparagraph (A) not less frequently than once every 2
years.
``(ii) Consultation with state.--The Secretary, after
consultation with a State, may make a determination to
carry out a review under subparagraph (A) for that State
less frequently than provided under clause (i).
``(iii) Cause.--If the Secretary determines that there
is a specific reason to require a review more frequently
than provided under clause (i) with respect to a State, the
Secretary may carry out a review more frequently than
provided under that clause.''.
SEC. 11308. GEOMATIC DATA.
(a) In General.--The Secretary shall develop guidance for the
acceptance and use of information obtained from a non-Federal entity
through geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that acceptance or use of information described in
subsection (a) meets the data quality and operational requirements of
the Secretary.
(c) Public Comment.--Before issuing any final guidance under
subsection (a), the Secretary shall provide to the public--
(1) notice of the proposed guidance; and
(2) an opportunity to comment on the proposed guidance.
(d) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept or use information that
the Secretary determines does not meet the guidance developed under
this section; or
(2) changes the current statutory or regulatory requirements of
the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 331. Evaluation of projects within an operational right-of-way
``(a) Definitions.--
``(1) Eligible project or activity.--
``(A) In general.--In this section, the term `eligible
project or activity' means a project or activity within an
existing operational right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal Regulations (or
successor regulations))--
``(i)(I) eligible for assistance under this title; or
``(II) administered as if made available under this
title;
``(ii) that is--
``(I) a preventive maintenance, preservation, or
highway safety improvement project (as defined in
section 148(a)); or
``(II) a new turn lane that the State advises in
writing to the Secretary would assist public safety;
and
``(iii) that--
``(I) is classified as a categorical exclusion
under section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
``(II) if the project or activity does not receive
assistance described in clause (i) would be considered
a categorical exclusion if the project or activity
received assistance described in clause (i).
``(B) Exclusion.--The term `eligible project or activity'
does not include a project to create a new travel lane.
``(2) Preliminary evaluation.--The term `preliminary
evaluation', with respect to an application described in subsection
(b)(1), means an evaluation that is customary or practicable for
the relevant agency to complete within a 45-day period for similar
applications.
``(3) Relevant agency.--The term `relevant agency' means a
Federal agency, other than the Federal Highway Administration, with
responsibility for review of an application from a State for a
permit, approval, or jurisdictional determination for an eligible
project or activity.
``(b) Action Required.--
``(1) In general.--Subject to paragraph (2), not later than 45
days after the date of receipt of an application by a State for a
permit, approval, or jurisdictional determination for an eligible
project or activity, the head of the relevant agency shall--
``(A) make at least a preliminary evaluation of the
application; and
``(B) notify the State of the results of the preliminary
evaluation under subparagraph (A).
``(2) Extension.--The head of the relevant agency may extend
the review period under paragraph (1) by not more than 30 days if
the head of the relevant agency provides to the State written
notice that includes an explanation of the need for the extension.
``(3) Failure to act.--If the head of the relevant agency fails
to meet a deadline under paragraph (1) or (2), as applicable, the
head of the relevant agency shall--
``(A) not later than 30 days after the date of the missed
deadline, submit to the State, the Committee on Environment and
Public Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes why the deadline was missed; and
``(B) not later than 14 days after the date on which a
report is submitted under subparagraph (A), make publicly
available, including on the internet, a copy of that report.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``331. Evaluation of projects within an operational right-of-way.''.
SEC. 11310. PRELIMINARY ENGINEERING.
(a) In General.--Section 102 of title 23, United States Code, is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
``Nothing in this subsection'' and inserting the following:
``(b) Savings Provision.--Nothing in this section''.
(b) Conforming Amendment.--Section 144(j) of title 23, United
States Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND
MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by adding
at the end the following:
``(e) Efficient Implementation of NEPA.--
``(1) Definitions.--In this subsection:
``(A) Environmental document.--The term `environmental
document' means an environmental impact statement,
environmental assessment, categorical exclusion, or other
document prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(B) Project.--The term `project' means a highway project,
public transportation capital project, or multimodal project
that--
``(i) receives funds under this title; and
``(ii) is authorized under this section or section 204.
``(C) Project sponsor.--The term `project sponsor' means
the Federal land management agency that seeks or receives funds
under this title for a project.
``(2) Environmental review to be completed by federal highway
administration.--The Federal Highway Administration may prepare an
environmental document pursuant to the implementing procedures of
the Federal Highway Administration to comply with the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if--
``(A) requested by a project sponsor; and
``(B) all areas of analysis required by the project sponsor
can be addressed.
``(3) Federal land management agencies adoption of existing
environmental review documents.--
``(A) In general.--To the maximum extent practicable, if
the Federal Highway Administration prepares an environmental
document pursuant to paragraph (2), that environmental document
shall address all areas of analysis required by a Federal land
management agency.
``(B) Independent evaluation.--Notwithstanding any other
provision of law, a Federal land management agency shall not be
required to conduct an independent evaluation to determine the
adequacy of an environmental document prepared by the Federal
Highway Administration pursuant to paragraph (2).
``(C) Use of same document.--In authorizing or implementing
a project, a Federal land management agency may use an
environmental document previously prepared by the Federal
Highway Administration for a project addressing the same or
substantially the same action to the same extent that the
Federal land management agency could adopt or use a document
previously prepared by another Federal agency.
``(4) Application by federal land management agencies of
categorical exclusions established by federal highway
administration.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
project, the project sponsor may use categorical exclusions
designated under that Act in the implementing regulations of the
Federal Highway Administration, subject to the conditions that--
``(A) the project sponsor makes a determination, in
consultation with the Federal Highway Administration, that the
categorical exclusion applies to the project;
``(B) the project satisfies the conditions for a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(C) the use of the categorical exclusion does not
otherwise conflict with the implementing regulations of the
project sponsor, except any list of the project sponsor that
designates categorical exclusions.
``(5) Mitigation commitments.--The Secretary shall assist the
Federal land management agency with all design and mitigation
commitments made jointly by the Secretary and the project sponsor
in any environmental document prepared by the Secretary in
accordance with this subsection.''.
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 156 the following:
``Sec. 157. National Environmental Policy Act of 1969 reporting program
``(a) Definitions.--In this section:
``(1) Categorical exclusion.--The term `categorical exclusion'
has the meaning given the term in section 771.117(c) of title 23,
Code of Federal Regulations (or a successor regulation).
``(2) Documented categorical exclusion.--The term `documented
categorical exclusion' has the meaning given the term in section
771.117(d) of title 23, Code of Federal Regulations (or a successor
regulation).
``(3) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor regulation).
``(4) Environmental impact statement.--The term `environmental
impact statement' means a detailed statement required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
``(5) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327.
``(6) NEPA process.--The term `NEPA process' means the entirety
of the development and documentation of the analysis required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), including the assessment and analysis of any impacts,
alternatives, and mitigation of a proposed action, and any
interagency participation and public involvement required to be
carried out before the Secretary undertakes a proposed action.
``(7) Proposed action.--The term `proposed action' means an
action (within the meaning of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)) under this title that the
Secretary proposes to carry out.
``(8) Reporting period.--The term `reporting period' means the
fiscal year prior to the fiscal year in which a report is issued
under subsection (b).
``(9) Secretary.--The term `Secretary' includes the governor or
head of an applicable State agency of a State that has assumed
responsibility under section 327.
``(b) Report on NEPA Data.--
``(1) In general.--The Secretary shall carry out a process to
track, and annually submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report containing,
the information described in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) begins on the date on which the Notice of Intent
is published in the Federal Register; and
``(ii) ends on the date on which the Secretary issues a
record of decision, including, if necessary, a revised
record of decision; and
``(B) for an environmental assessment--
``(i) begins on the date on which the Secretary makes a
determination to prepare an environmental assessment; and
``(ii) ends on the date on which the Secretary issues a
finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
``(3) Information described.--The information referred to in
paragraph (1) is, with respect to the Department of
Transportation--
``(A) the number of proposed actions for which a
categorical exclusion was issued during the reporting period;
``(B) the number of proposed actions for which a documented
categorical exclusion was issued by the Department of
Transportation during the reporting period;
``(C) the number of proposed actions pending on the date on
which the report is submitted for which the issuance of a
documented categorical exclusion by the Department of
Transportation is pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the Department of
Transportation during the reporting period;
``(E) the length of time the Department of Transportation
took to complete each environmental assessment described in
subparagraph (D);
``(F) the number of proposed actions pending on the date on
which the report is submitted for which an environmental
assessment is being drafted by the Department of
Transportation;
``(G) the number of proposed actions for which an
environmental impact statement was completed by the Department
of Transportation during the reporting period;
``(H) the length of time that the Department of
Transportation took to complete each environmental impact
statement described in subparagraph (G);
``(I) the number of proposed actions pending on the date on
which the report is submitted for which an environmental impact
statement is being drafted; and
``(J) for the proposed actions reported under subparagraphs
(F) and (I), the percentage of those proposed actions for
which--
``(i) funding has been identified; and
``(ii) all other Federal, State, and local activities
that are required to allow the proposed action to proceed
are completed.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 156 the following:
``157. National Environmental Policy Act of 1969 reporting program.''.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(G), by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' before the
period at the end;
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking ``annual'';
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (B) the following:
``(C) in the case of an agreement period of greater than 5
years pursuant to subsection (c)(7), conduct an audit covering
the first 5 years of the agreement period; and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be an agency for the purposes of section 2412 of title
28.''.
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the following:
``(A) except as provided under subparagraph (C), shall have
a term of not more than 3 years;'';
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall have a term of 5 years, in the case of a State
that has assumed the responsibility for categorical exclusions
under this section for not fewer than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT
ENVIRONMENTAL REVIEW.
Section 123 of title 23, United States Code, is amended to read as
follows:
``Sec. 123. Relocation of utility facilities
``(a) Definitions.--In this section:
``(1) Cost of relocation.--The term `cost of relocation'
includes the entire amount paid by a utility properly attributable
to the relocation of a utility facility, minus any increase in the
value of the new facility and any salvage value derived from the
old facility.
``(2) Early utility relocation project.--The term `early
utility relocation project' means utility relocation activities
identified by the State for performance before completion of the
environmental review process for the transportation project.
``(3) Environmental review process.--The term `environmental
review process' has the meaning given the term in section 139(a).
``(4) Transportation project.--The term `transportation
project' means a project.
``(5) Utility facility.--The term `utility facility' means any
privately, publicly, or cooperatively owned line, facility, or
system for producing, transmitting, or distributing communications,
power, electricity, light, heat, gas, oil, crude products, water,
steam, waste, stormwater not connected with highway drainage, or
any other similar commodity, including any fire or police signal
system or street lighting system, that directly or indirectly
serves the public.
``(6) Utility relocation activity.--The term `utility
relocation activity' means an activity necessary for the relocation
of a utility facility, including preliminary and final design,
surveys, real property acquisition, materials acquisition, and
construction.
``(b) Reimbursement to States.--
``(1) In general.--If a State pays for the cost of relocation
of a utility facility necessitated by the construction of a
transportation project, Federal funds may be used to reimburse the
State for the cost of relocation in the same proportion as Federal
funds are expended on the transportation project.
``(2) Limitation.--Federal funds shall not be used to reimburse
a State under this section if the payment to the utility--
``(A) violates the law of the State; or
``(B) violates a legal contract between the utility and the
State.
``(3) Requirement.--A reimbursement under paragraph (1) shall
be made only if the State demonstrates to the satisfaction of the
Secretary that the State paid the cost of the utility relocation
activity from funds of the State with respect to transportation
projects for which Federal funds are obligated subsequent to April
16, 1958, for work, including utility relocation activities.
``(4) Reimbursement eligibility for early relocation prior to
transportation project environmental review process.--
``(A) In general.--In addition to the requirements under
paragraphs (1) through (3), a State may carry out, at the
expense of the State, an early utility relocation project for a
transportation project before completion of the environmental
review process for the transportation project.
``(B) Requirements for reimbursement.--Funds apportioned to
a State under this title may be used to pay the costs incurred
by the State for an early utility relocation project only if
the State demonstrates to the Secretary, and the Secretary
finds that--
``(i) the early utility relocation project is necessary
to accommodate a transportation project;
``(ii) the State provides adequate documentation to the
Secretary of eligible costs incurred by the State for the
early utility relocation project;
``(iii) before the commencement of the utility
relocation activities, an environmental review process was
completed for the early utility relocation project that
resulted in a finding that the early utility relocation
project--
``(I) would not result in significant adverse
environmental impacts; and
``(II) would comply with other applicable Federal
environmental requirements;
``(iv) the early utility relocation project did not
influence--
``(I) the environmental review process for the
transportation project;
``(II) the decision relating to the need to
construct the transportation project; or
``(III) the selection of the transportation project
design or location;
``(v) the early utility relocation project complies
with all applicable provisions of law, including
regulations issued pursuant to this title;
``(vi) the early utility relocation project follows
applicable financial procedures and requirements, including
documentation of eligible costs and the requirements under
section 109(l), but not including requirements applicable
to authorization and obligation of Federal funds;
``(vii) the transportation project for which the early
utility relocation project was necessitated was included in
the applicable transportation improvement program under
section 134 or 135;
``(viii) before the cost incurred by a State is
approved for Federal participation, environmental
compliance pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for
the transportation project for which the early utility
relocation project was necessitated; and
``(ix) the transportation project that necessitated the
utility relocation activity is approved for construction.
``(C) Savings provision.--Nothing in this paragraph affects
other eligibility requirements or authorities for Federal
participation in payment of costs incurred for utility
relocation activities.
``(c) Applicability of Other Provisions.--Nothing in this section
affects the applicability of other requirements that would otherwise
apply to an early utility relocation project, including any applicable
requirements under--
``(1) section 138;
``(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.); or
``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended--
(1) in the fourth sentence, by striking ``In carrying out'' and
inserting the following:
``(4) Studies.--In carrying out'';
(2) in the third sentence--
(A) by striking ``such land, and (2) such program'' and
inserting the following: ``the land; and
``(B) the program'';
(B) by striking ``unless (1) there is'' and inserting the
following: ``unless--
``(A) there is''; and
(C) by striking ``After the'' and inserting the following:
``(3) Requirement.--After the'';
(3) in the second sentence--
(A) by striking ``The Secretary of Transportation'' and
inserting the following:
``(2) Cooperation and consultation.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Timeline for approvals.--
``(i) In general.--The Secretary shall--
``(I) provide an evaluation under this section to
the Secretaries described in subparagraph (A); and
``(II) provide a period of 30 days for receipt of
comments.
``(ii) Assumed acceptance.--If the Secretary does not
receive comments by 15 days after the deadline under clause
(i)(II), the Secretary shall assume a lack of objection and
proceed with the action.
``(C) Effect.--Nothing in subparagraph (B) affects--
``(i) the requirements under--
``(I) subsections (b) through (f); or
``(II) the consultation process under section
306108 of title 54; or
``(ii) programmatic section 4(f) evaluations, as
described in regulations issued by the Secretary.''; and
(4) in the first sentence, by striking ``It is declared to be''
and inserting the following:
``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141)
is amended--
(1) in subparagraph (A), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in subparagraph (B), by striking ``$30,000,000'' and
inserting ``$35,000,000''.
SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN
LAND.
(a) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means land the
title to which is held by the United States.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the National Forest
System; or
(v) Indian land.
(2) Gathering line and associated field compression or pumping
unit.--
(A) In general.--The term ``gathering line and associated
field compression or pumping unit'' means--
(i) a pipeline that is installed to transport oil,
natural gas and related constituents, or produced water
from 1 or more wells drilled and completed to produce oil
or gas; and
(ii) if necessary, 1 or more compressors or pumps to
raise the pressure of the transported oil, natural gas and
related constituents, or produced water to higher pressures
necessary to enable the oil, natural gas and related
constituents, or produced water to flow into pipelines and
other facilities.
(B) Inclusions.--The term ``gathering line and associated
field compression or pumping unit'' includes a pipeline or
associated compression or pumping unit that is installed to
transport oil or natural gas from a processing plant to a
common carrier pipeline or facility.
(C) Exclusions.--The term ``gathering line and associated
field compression or pumping unit'' does not include a common
carrier pipeline.
(3) Indian land.--The term ``Indian land'' means land the title
to which is held by--
(A) the United States in trust for an Indian Tribe or an
individual Indian; or
(B) an Indian Tribe or an individual Indian subject to a
restriction by the United States against alienation.
(4) Produced water.--The term ``produced water'' means water
produced from an oil or gas well bore that is not a fluid prepared
at, or transported to, the well site to resolve a specific oil or
gas well bore or reservoir condition.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Certain Gathering Lines.--
(1) In general.--Subject to paragraph (2), the issuance of a
sundry notice or right-of-way for a gathering line and associated
field compression or pumping unit that is located on Federal land
or Indian land and that services any oil or gas well may be
considered by the Secretary to be an action that is categorically
excluded (as defined in section 1508.1 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this Act))
for purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the gathering line and associated field
compression or pumping unit--
(A) are within a field or unit for which an approved land
use plan or an environmental document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) analyzed transportation of oil, natural gas, or produced
water from 1 or more oil or gas wells in the field or unit as a
reasonably foreseeable activity;
(B) are located adjacent to or within--
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce--
(i) in the case of a gathering line and associated
field compression or pumping unit transporting methane, the
total quantity of methane that would otherwise be vented,
flared, or unintentionally emitted from the field or unit;
or
(ii) in the case of a gathering line and associated
field compression or pumping unit not transporting methane,
the vehicular traffic that would otherwise service the
field or unit.
(2) Applicability.--Paragraph (1) shall apply to Indian land,
or a portion of Indian land--
(A) to which the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over the
Indian land submits to the Secretary a written request that
paragraph (1) apply to that Indian land (or portion of Indian
land).
(c) Effect on Other Law.--Nothing in this section--
(1) affects or alters any requirement--
(A) relating to prior consent under--
(i) section 2 of the Act of February 5, 1948 (62 Stat.
18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25
U.S.C. 5123(e)) (commonly known as the ``Indian
Reorganization Act'');
(B) under section 306108 of title 54, United States Code;
or
(C) under any other Federal law (including regulations)
relating to Tribal consent for rights-of-way across Indian
land; or
(2) makes the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) applicable to land to which that Act otherwise
would not apply.
SEC. 11319. ANNUAL REPORT.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project or activity carried out with funds
provided by the Department, including a project carried out under title
23 or 49, United States Code--
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or activity
is not less than $1,000,000,000 more than the original cost
estimate for the project or activity.
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit to
Congress a report on covered projects of the Department, which shall
include, for each covered project--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is carried
out;
(C) the contract or award number of the covered project, if
applicable;
(D) the year in which the covered project was initiated;
(E) the Federal share of the total cost of the covered
project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered project;
(2) an explanation of any change to the original scope of the
covered project, including by the addition or narrowing of the
initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor Statistics;
(7) an explanation for a delay in completion or an increase in
the original cost estimate for the covered project, including,
where applicable, any impact of insufficient or delayed
appropriations; and
(8) the amount of and rationale for any award, incentive fee,
or other type of bonus, if any, awarded for the covered project.
Subtitle D--Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to establish a grant
program to strategically deploy publicly accessible electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, and natural gas fueling infrastructure along
designated alternative fuel corridors or in certain other locations
that will be accessible to all drivers of electric vehicles, hydrogen
vehicles, propane vehicles, and natural gas vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall'' and inserting
``The Secretary shall periodically''; and
(B) by striking ``to improve the mobility'' and inserting
``to support changes in the transportation sector that help
achieve a reduction in greenhouse gas emissions and improve the
mobility'';
(2) in subsection (b)(2), by inserting ``previously designated
by the Federal Highway Administration or'' before ``designated
by'';
(3) by striking subsection (d) and inserting the following:
``(d) Redesignation.--
``(1) Initial redesignation.--Not later than 180 days after the
date of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall update and redesignate the corridors
under subsection (a).
``(2) Subsequent redesignation.--The Secretary shall establish
a recurring process to regularly update and redesignate the
corridors under subsection (a).'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational goal of
achieving'' and inserting ``describes efforts, including
through funds awarded through the grant program under
subsection (f), that will aid efforts to achieve''; and
(ii) by striking ``by the end of fiscal year 2020.''
and inserting ``; and''; and
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy, for
project development of electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure and
natural gas fueling infrastructure at the State, Tribal, and local
level to allow for the predictable deployment of that
infrastructure.''; and
(5) by adding at the end the following:
``(f) Grant Program.--
``(1) Definition of private entity.--In this subsection, the
term `private entity' means a corporation, partnership, company, or
nonprofit organization.
``(2) Establishment.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall establish a grant program to award grants
to eligible entities to carry out the activities described in
paragraph (6).
``(3) Eligible entities.--An entity eligible to receive a grant
under this subsection is--
``(A) a State or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public authority with a
transportation function, including a port authority;
``(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
``(F) a territory of the United States;
``(G) an authority, agency, or instrumentality of, or an
entity owned by, 1 or more entities described in subparagraphs
(A) through (F); or
``(H) a group of entities described in subparagraphs (A)
through (G).
``(4) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary shall require, including--
``(A) a description of how the eligible entity has
considered--
``(i) public accessibility of charging or fueling
infrastructure proposed to be funded with a grant under
this subsection, including--
``(I) charging or fueling connector types and
publicly available information on real-time
availability; and
``(II) payment methods to ensure secure,
convenient, fair, and equal access;
``(ii) collaborative engagement with stakeholders
(including automobile manufacturers, utilities,
infrastructure providers, technology providers, electric
charging, hydrogen, propane, and natural gas fuel
providers, metropolitan planning organizations, States,
Indian tribes, and units of local governments, fleet
owners, fleet managers, fuel station owners and operators,
labor organizations, infrastructure construction and
component parts suppliers, and multi-State and regional
entities)--
``(I) to foster enhanced, coordinated, public-
private or private investment in electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(II) to expand deployment of electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(III) to protect personal privacy and ensure
cybersecurity; and
``(IV) to ensure that a properly trained workforce
is available to construct and install electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(iii) the location of the station or fueling site,
such as consideration of--
``(I) the availability of onsite amenities for
vehicle operators, such as restrooms or food
facilities;
``(II) access in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity requirements
for facilities that charge or refuel large vehicles,
such as semi-trailer trucks; and
``(IV) appropriate distribution to avoid redundancy
and fill charging or fueling gaps;
``(iv) infrastructure installation that can be
responsive to technology advancements, such as
accommodating autonomous vehicles, vehicle-to-grid
technology, and future charging methods; and
``(v) the long-term operation and maintenance of the
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure, to avoid stranded assets and
protect the investment of public funds in that
infrastructure; and
``(B) an assessment of the estimated emissions that will be
reduced through the use of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
which shall be conducted using the Alternative Fuel Life-Cycle
Environmental and Economic Transportation (AFLEET) tool
developed by Argonne National Laboratory (or a successor tool).
``(5) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application of the
eligible entity would--
``(i) improve alternative fueling corridor networks
by--
``(I) converting corridor-pending corridors to
corridor-ready corridors; or
``(II) in the case of corridor-ready corridors,
providing redundancy--
``(aa) to meet excess demand for charging or
fueling infrastructure; or
``(bb) to reduce congestion at existing
charging or fueling infrastructure in high-traffic
locations;
``(ii) meet current or anticipated market demands for
charging or fueling infrastructure;
``(iii) enable or accelerate the construction of
charging or fueling infrastructure that would be unlikely
to be completed without Federal assistance;
``(iv) support a long-term competitive market for
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that does not significantly
impair existing electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure
providers;
``(v) provide access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling
infrastructure in areas with a current or forecasted need;
and
``(vi) deploy electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure for
medium- and heavy-duty vehicles (including along the
National Highway Freight Network established under section
167(c)) and in proximity to intermodal transfer stations;
``(B) ensure, to the maximum extent practicable, geographic
diversity among grant recipients to ensure that electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure is available throughout the United
States;
``(C) consider whether the private entity that the eligible
entity contracts with under paragraph (6)--
``(i) submits to the Secretary the most recent year of
audited financial statements; and
``(ii) has experience in installing and operating
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure; and
``(D) consider whether, to the maximum extent practicable,
the eligible entity and the private entity that the eligible
entity contracts with under paragraph (6) enter into an
agreement--
``(i) to operate and maintain publicly available
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas infrastructure; and
``(ii) that provides a remedy and an opportunity to
cure if the requirements described in clause (i) are not
met.
``(6) Use of funds.--
``(A) In general.--An eligible entity receiving a grant
under this subsection shall only use the funds in accordance
with this paragraph to contract with a private entity for
acquisition and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the charging
or fueling of a vehicle.
``(B) Location of infrastructure.--Any publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure acquired and installed with a grant
under this subsection shall be located along an alternative
fuel corridor designated under this section, on the condition
that any affected Indian tribes are consulted before the
designation.
``(C) Operating assistance.--
``(i) In general.--Subject to clauses (ii) and (iii),
an eligible entity that receives a grant under this
subsection may use a portion of the funds to provide to a
private entity operating assistance for the first 5 years
of operations after the installation of publicly available
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure while the facility transitions
to independent system operations.
``(ii) Inclusions.--Operating assistance under this
subparagraph shall be limited to costs allocable to
operating and maintaining the electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling
infrastructure and service.
``(iii) Limitation.--Operating assistance under this
subparagraph may not exceed the amount of a contract under
subparagraph (A) to acquire and install publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure.
``(D) Traffic control devices.--
``(i) In general.--Subject to this paragraph, an
eligible entity that receives a grant under this subsection
may use a portion of the funds to acquire and install
traffic control devices located in the right-of-way to
provide directional information to publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure acquired, installed, or operated
with the grant.
``(ii) Applicability.--Clause (i) shall apply only to
an eligible entity that--
``(I) receives a grant under this subsection; and
``(II) is using that grant for the acquisition and
installation of publicly accessible electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
``(iii) Limitation on amount.--The amount of funds used
to acquire and install traffic control devices under clause
(i) may not exceed the amount of a contract under
subparagraph (A) to acquire and install publicly accessible
charging or fueling infrastructure.
``(iv) No new authority created.--Nothing in this
subparagraph authorizes an eligible entity that receives a
grant under this subsection to acquire and install traffic
control devices if the entity is not otherwise authorized
to do so.
``(E) Revenue.--
``(i) In general.--An eligible entity receiving a grant
under this subsection and a private entity referred to in
subparagraph (A) may enter into a cost-sharing agreement
under which the private entity submits to the eligible
entity a portion of the revenue from the electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling
infrastructure.
``(ii) Uses of revenue.--An eligible entity that
receives revenue from a cost-sharing agreement under clause
(i) may only use that revenue for a project that is
eligible under this title.
``(7) Certain fuels.--The use of grants for propane fueling
infrastructure under this subsection shall be limited to
infrastructure for medium- and heavy-duty vehicles.
``(8) Community grants.--
``(A) In general.--Notwithstanding paragraphs (4), (5), and
(6), the Secretary shall reserve 50 percent of the amounts made
available each fiscal year to carry out this section to provide
grants to eligible entities in accordance with this paragraph.
``(B) Applications.--To be eligible to receive a grant
under this paragraph, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(C) Eligible entities.--An entity eligible to receive a
grant under this paragraph is--
``(i) an entity described in paragraph (3); and
``(ii) a State or local authority with ownership of
publicly accessible transportation facilities.
``(D) Eligible projects.--The Secretary may provide a grant
under this paragraph for a project that is expected to reduce
greenhouse gas emissions and to expand or fill gaps in access
to publicly accessible electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
including--
``(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(ii) the acquisition and installation of electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that is directly related to the
charging or fueling of a vehicle, including any related
construction or reconstruction and the acquisition of real
property directly related to the project, such as locations
described in subparagraph (E), to expand access to electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure.
``(E) Project locations.--A project receiving a grant under
this paragraph may be located on any public road or in other
publicly accessible locations, such as parking facilities at
public buildings, public schools, and public parks, or in
publicly accessible parking facilities owned or managed by a
private entity.
``(F) Priority.--In providing grants under this paragraph,
the Secretary shall give priority to projects that expand
access to electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure within--
``(i) rural areas;
``(ii) low- and moderate-income neighborhoods; and
``(iii) communities with a low ratio of private parking
spaces to households or a high ratio of multiunit dwellings
to single family homes, as determined by the Secretary.
``(G) Additional considerations.--In providing grants under
this paragraph, the Secretary shall consider the extent to
which the project--
``(i) contributes to geographic diversity among
eligible entities, including achieving a balance between
urban and rural communities; and
``(ii) meets current or anticipated market demands for
charging or fueling infrastructure, including faster
charging speeds with high-powered capabilities necessary to
minimize the time to charge or refuel current and
anticipated vehicles.
``(H) Partnering with private entities.--An eligible entity
that receives a grant under this paragraph may use the grant
funds to contract with a private entity for the acquisition,
construction, installation, maintenance, or operation of
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the charging
or fueling of a vehicle.
``(I) Maximum grant amount.--The amount of a grant under
this paragraph shall not be more than $15,000,000.
``(J) Technical assistance.--Of the amounts reserved under
subparagraph (A), the Secretary may use not more than 1 percent
to provide technical assistance to eligible entities.
``(K) Additional activities.--The recipient of a grant
under this paragraph may use not more than 5 percent of the
grant funds on educational and community engagement activities
to develop and implement education programs through
partnerships with schools, community organizations, and vehicle
dealerships to support the use of zero-emission vehicles and
associated infrastructure.
``(9) Requirements.--
``(A) Project treatment.--Notwithstanding any other
provision of law, any project funded by a grant under this
subsection shall be treated as a project on a Federal-aid
highway under this chapter.
``(B) Signs.--Any traffic control device or on-premises
sign acquired, installed, or operated with a grant under this
subsection shall comply with--
``(i) the Manual on Uniform Traffic Control Devices, if
located in the right-of-way; and
``(ii) other provisions of Federal, State, and local
law, as applicable.
``(10) Federal share.--
``(A) In general.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
not exceed 80 percent of the total project cost.
``(B) Responsibility of private entity.--As a condition of
contracting with an eligible entity under paragraph (6) or (8),
a private entity shall agree to pay the share of the cost of a
project carried out with a grant under this subsection that is
not paid by the Federal Government under subparagraph (A).
``(11) Report.--Not later than 3 years after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report on the
progress and implementation of this subsection.''.
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish a program to
reduce idling at port facilities, under which the Secretary shall--
(A) study how ports and intermodal port transfer facilities
would benefit from increased opportunities to reduce emissions
at ports, including through the electrification of port
operations;
(B) study emerging technologies and strategies that may
help reduce port-related emissions from idling trucks; and
(C) coordinate and provide funding to test, evaluate, and
deploy projects that reduce port-related emissions from idling
trucks, including through the advancement of port
electrification and improvements in efficiency, focusing on
port operations, including heavy-duty commercial vehicles, and
other related projects.
(2) Consultation.--In carrying out the program under this
subsection, the Secretary may consult with the Secretary of Energy
and the Administrator of the Environmental Protection Agency.
(b) Grants.--
(1) In general.--In carrying out subsection (a)(1)(C), the
Secretary shall award grants to fund projects that reduce emissions
at ports, including through the advancement of port
electrification.
(2) Cost share.--A grant awarded under paragraph (1) shall not
exceed 80 percent of the total cost of the project funded by the
grant.
(3) Coordination.--In carrying out the grant program under this
subsection, the Secretary shall--
(A) to the maximum extent practicable, leverage existing
resources and programs of the Department and other relevant
Federal agencies; and
(B) coordinate with other Federal agencies, as the
Secretary determines to be appropriate.
(4) Application; selection.--
(A) Application.--The Secretary shall solicit applications
for grants under paragraph (1) at such time, in such manner,
and containing such information as the Secretary determines to
be necessary.
(B) Selection.--The Secretary shall make grants under
paragraph (1) by not later than April 1 of each fiscal year for
which funding is made available.
(5) Requirement.--Notwithstanding any other provision of law,
any project funded by a grant under this subsection shall be
treated as a project on a Federal-aid highway under chapter 1 of
title 23, United States Code.
(c) Report.--Not later than 1 year after the date on which all of
the projects funded with a grant under subsection (b) are completed,
the Secretary shall submit to Congress a report that includes--
(1) the findings of the studies described in subparagraphs (A)
and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and training
opportunities with respect to port electrification; and
(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11203(a)), is amended by adding at the end the
following:
``Sec. 175. Carbon reduction program
``(a) Definitions.--In this section:
``(1) Metropolitan planning organization; urbanized area.--The
terms `metropolitan planning organization' and `urbanized area'
have the meaning given those terms in section 134(b).
``(2) Transportation emissions.--The term `transportation
emissions' means carbon dioxide emissions from on-road highway
sources of those emissions within a State.
``(3) Transportation management area.--The term `transportation
management area' means a transportation management area identified
or designated by the Secretary under section 134(k)(1).
``(b) Establishment.--The Secretary shall establish a carbon
reduction program to reduce transportation emissions.
``(c) Eligible Projects.--
``(1) In general.--Subject to paragraph (2), funds apportioned
to a State under section 104(b)(7) may be obligated for projects to
support the reduction of transportation emissions, including--
``(A) a project described in section 149(b)(4) to establish
or operate a traffic monitoring, management, and control
facility or program, including advanced truck stop
electrification systems;
``(B) a public transportation project that is eligible for
assistance under section 142;
``(C) a project described in section 101(a)(29) (as in
effect on the day before the date of enactment of the FAST Act
(Public Law 114-94; 129 Stat. 1312)), including the
construction, planning, and design of on-road and off-road
trail facilities for pedestrians, bicyclists, and other
nonmotorized forms of transportation;
``(D) a project described in section 503(c)(4)(E) for
advanced transportation and congestion management technologies;
``(E) a project for the deployment of infrastructure-based
intelligent transportation systems capital improvements and the
installation of vehicle-to-infrastructure communications
equipment, including retrofitting dedicated short-range
communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything (C-
V2X) technology;
``(F) a project to replace street lighting and traffic
control devices with energy-efficient alternatives;
``(G) the development of a carbon reduction strategy in
accordance with subsection (d);
``(H) a project or strategy that is designed to support
congestion pricing, shifting transportation demand to nonpeak
hours or other transportation modes, increasing vehicle
occupancy rates, or otherwise reducing demand for roads,
including electronic toll collection, and travel demand
management strategies and programs;
``(I) efforts to reduce the environmental and community
impacts of freight movement;
``(J) a project to support deployment of alternative fuel
vehicles, including--
``(i) the acquisition, installation, or operation of
publicly accessible electric vehicle charging
infrastructure or hydrogen, natural gas, or propane vehicle
fueling infrastructure; and
``(ii) the purchase or lease of zero-emission
construction equipment and vehicles, including the
acquisition, construction, or leasing of required
supporting facilities;
``(K) a project described in section 149(b)(8) for a diesel
engine retrofit;
``(L) a project described in section 149(b)(5) that does
not result in the construction of new capacity; and
``(M) a project that reduces transportation emissions at
port facilities, including through the advancement of port
electrification.
``(2) Flexibility.--In addition to the eligible projects under
paragraph (1), a State may use funds apportioned under section
104(b)(7) for a project eligible under section 133(b) if the
Secretary certifies that the State has demonstrated a reduction in
transportation emissions--
``(A) as estimated on a per capita basis; and
``(B) as estimated on a per unit of economic output basis.
``(d) Carbon Reduction Strategy.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, a State, in consultation with any metropolitan planning
organization designated within the State, shall develop a carbon
reduction strategy in accordance with this subsection.
``(2) Requirements.--The carbon reduction strategy of a State
developed under paragraph (1) shall--
``(A) support efforts to reduce transportation emissions;
``(B) identify projects and strategies to reduce
transportation emissions, which may include projects and
strategies for safe, reliable, and cost-effective options--
``(i) to reduce traffic congestion by facilitating the
use of alternatives to single-occupant vehicle trips,
including public transportation facilities, pedestrian
facilities, bicycle facilities, and shared or pooled
vehicle trips within the State or an area served by the
applicable metropolitan planning organization, if any;
``(ii) to facilitate the use of vehicles or modes of
travel that result in lower transportation emissions per
person-mile traveled as compared to existing vehicles and
modes; and
``(iii) to facilitate approaches to the construction of
transportation assets that result in lower transportation
emissions as compared to existing approaches;
``(C) support the reduction of transportation emissions of
the State;
``(D) at the discretion of the State, quantify the total
carbon emissions from the production, transport, and use of
materials used in the construction of transportation facilities
within the State; and
``(E) be appropriate to the population density and context
of the State, including any metropolitan planning organization
designated within the State.
``(3) Updates.--The carbon reduction strategy of a State
developed under paragraph (1) shall be updated not less frequently
than once every 4 years.
``(4) Review.--Not later than 90 days after the date on which a
State submits a request for the approval of a carbon reduction
strategy developed by the State under paragraph (1), the Secretary
shall--
``(A) review the process used to develop the carbon
reduction strategy; and
``(B)(i) certify that the carbon reduction strategy meets
the requirements of paragraph (2); or
``(ii) deny certification of the carbon reduction strategy
and specify the actions necessary for the State to take to
correct the deficiencies in the process of the State in
developing the carbon reduction strategy.
``(5) Technical assistance.--At the request of a State, the
Secretary shall provide technical assistance in the development of
the carbon reduction strategy under paragraph (1).
``(e) Suballocation.--
``(1) In general.--For each fiscal year, of the funds
apportioned to the State under section 104(b)(7)--
``(A) 65 percent shall be obligated, in proportion to their
relative shares of the population of the State--
``(i) in urbanized areas of the State with an urbanized
area population of more than 200,000;
``(ii) in urbanized areas of the State with an
urbanized population of not less than 50,000 and not more
than 200,000;
``(iii) in urban areas of the State with a population
of not less than 5,000 and not more than 49,999; and
``(iv) in other areas of the State with a population of
less than 5,000; and
``(B) the remainder may be obligated in any area of the
State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the metropolitan
area established under section 134 that encompasses the urbanized
area.
``(3) Distribution among urbanized areas of over 50,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amounts that a State is required to obligate under clauses
(i) and (ii) of paragraph (1)(A) shall be obligated in
urbanized areas described in those clauses based on the
relative population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if--
``(i) the State and the relevant metropolitan planning
organizations jointly apply to the Secretary for the
permission to base the obligation on other factors; and
``(ii) the Secretary grants the request.
``(4) Coordination in urbanized areas.--Before obligating funds
for an eligible project under subsection (c) in an urbanized area
that is not a transportation management area, a State shall
coordinate with any metropolitan planning organization that
represents the urbanized area prior to determining which activities
should be carried out under the project.
``(5) Consultation in rural areas.--Before obligating funds for
an eligible project under subsection (c) in a rural area, a State
shall consult with any regional transportation planning
organization or metropolitan planning organization that represents
the rural area prior to determining which activities should be
carried out under the project.
``(6) Obligation authority.--
``(A) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of 50,000
or more under this subsection funds apportioned to the State
under section 104(b)(7) shall make available during the period
of fiscal years 2022 through 2026 an amount of obligation
authority distributed to the State for Federal-aid highways and
highway safety construction programs for use in the area that
is equal to the amount obtained by multiplying--
``(i) the aggregate amount of funds that the State is
required to obligate in the area under this subsection
during the period; and
``(ii) the ratio that--
``(I) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and
highway safety construction programs during the period;
bears to
``(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject to an
obligation limitation) during the period.
``(B) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with subparagraph (A).
``(f) Federal Share.--The Federal share of the cost of a project
carried out using funds apportioned to a State under section 104(b)(7)
shall be determined in accordance with section 120.
``(g) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11203(b)) is amended by
inserting after the item relating to section 174 the following:
``175. Carbon reduction program.''.
SEC. 11404. CONGESTION RELIEF PROGRAM.
(a) In General.--Section 129 of title 23, United States Code, is
amended by adding at the end the following:
``(d) Congestion Relief Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means
any of the following:
``(i) A State, for the purpose of carrying out a
project in an urbanized area with a population of more than
1,000,000.
``(ii) A metropolitan planning organization, city, or
municipality, for the purpose of carrying out a project in
an urbanized area with a population of more than 1,000,000.
``(B) Integrated congestion management system.--The term
`integrated congestion management system' means a system for
the integration of management and operations of a regional
transportation system that includes, at a minimum, traffic
incident management, work zone management, traffic signal
timing, managed lanes, real-time traveler information, and
active traffic management, in order to maximize the capacity of
all facilities and modes across the applicable region.
``(C) Program.--The term `program' means the congestion
relief program established under paragraph (2).
``(2) Establishment.--The Secretary shall establish a
congestion relief program to provide discretionary grants to
eligible entities to advance innovative, integrated, and multimodal
solutions to congestion relief in the most congested metropolitan
areas of the United States.
``(3) Program goals.--The goals of the program are to reduce
highway congestion, reduce economic and environmental costs
associated with that congestion, including transportation
emissions, and optimize existing highway capacity and usage of
highway and transit systems through--
``(A) improving intermodal integration with highways,
highway operations, and highway performance;
``(B) reducing or shifting highway users to off-peak travel
times or to nonhighway travel modes during peak travel times;
and
``(C) pricing of, or based on, as applicable--
``(i) parking;
``(ii) use of roadways, including in designated
geographic zones; or
``(iii) congestion.
``(4) Eligible projects.--Funds from a grant under the program
may be used for a project or an integrated collection of projects,
including planning, design, implementation, and construction
activities, to achieve the program goals under paragraph (3),
including--
``(A) deployment and operation of an integrated congestion
management system;
``(B) deployment and operation of a system that implements
or enforces high occupancy vehicle toll lanes, cordon pricing,
parking pricing, or congestion pricing;
``(C) deployment and operation of mobility services,
including establishing account-based financial systems,
commuter buses, commuter vans, express operations, paratransit,
and on-demand microtransit; and
``(D) incentive programs that encourage travelers to
carpool, use nonhighway travel modes during peak period, or
travel during nonpeak periods.
``(5) Application; selection.--
``(A) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(B) Priority.--In providing grants under the program, the
Secretary shall give priority to projects in urbanized areas
that are experiencing a high degree of recurrent congestion.
``(C) Federal share.--The Federal share of the cost of a
project carried out with a grant under the program shall not
exceed 80 percent of the total project cost.
``(D) Minimum award.--A grant provided under the program
shall be not less than $10,000,000.
``(6) Use of tolling.--
``(A) In general.--Notwithstanding subsection (a)(1) and
section 301 and subject to subparagraphs (B) and (C), the
Secretary shall allow the use of tolls on the Interstate System
as part of a project carried out with a grant under the
program.
``(B) Requirements.--The Secretary may only approve the use
of tolls under subparagraph (A) if--
``(i) the eligible entity has authority under State,
and if applicable, local, law to assess the applicable
toll;
``(ii) the maximum toll rate for any vehicle class is
not greater than the product obtained by multiplying--
``(I) the toll rate for any other vehicle class;
and
``(II) 5;
``(iii) the toll rates are not charged or varied on the
basis of State residency;
``(iv) the Secretary determines that the use of tolls
will enable the eligible entity to achieve the program
goals under paragraph (3) without a significant impact to
safety or mobility within the urbanized area in which the
project is located; and
``(v) the use of toll revenues complies with subsection
(a)(3).
``(C) Limitation.--The Secretary may not approve the use of
tolls on the Interstate System under the program in more than
10 urbanized areas.
``(7) Financial effects on low-income drivers.--A project under
the program--
``(A) shall include, if appropriate, an analysis of the
potential effects of the project on low-income drivers; and
``(B) may include mitigation measures to deal with any
potential adverse financial effects on low-income drivers.''.
(b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section
129(a) of title 23, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following:
``(10) High occupancy vehicle use of certain toll facilities.--
Notwithstanding section 102(a), in the case of a toll facility that
is on the Interstate System and that is constructed or converted
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the public authority with jurisdiction
over the toll facility shall allow high occupancy vehicles,
transit, and paratransit vehicles to use the facility at a discount
rate or without charge, unless the public authority, in
consultation with the Secretary, determines that the number of
those vehicles using the facility reduces the travel time
reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11403(a)), is amended by adding at the end the
following:
``Sec. 176. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program
``(a) Definitions.--In this section:
``(1) Emergency event.--The term `emergency event' means a
natural disaster or catastrophic failure resulting in--
``(A) an emergency declared by the Governor of the State in
which the disaster or failure occurred; or
``(B) an emergency or disaster declared by the President.
``(2) Evacuation route.--The term `evacuation route' means a
transportation route or system that--
``(A) is owned, operated, or maintained by a Federal,
State, Tribal, or local government;
``(B) is used--
``(i) to transport the public away from emergency
events; or
``(ii) to transport emergency responders and recovery
resources; and
``(C) is designated by the eligible entity with
jurisdiction over the area in which the route is located for
the purposes described in subparagraph (B).
``(3) Program.--The term `program' means the program
established under subsection (b)(1).
``(4) Resilience improvement.--The term `resilience
improvement' means the use of materials or structural or
nonstructural techniques, including natural infrastructure--
``(A) that allow a project--
``(i) to better anticipate, prepare for, and adapt to
changing conditions and to withstand and respond to
disruptions; and
``(ii) to be better able to continue to serve the
primary function of the project during and after weather
events and natural disasters for the expected life of the
project; or
``(B) that--
``(i) reduce the magnitude and duration of impacts of
current and future weather events and natural disasters to
a project; or
``(ii) have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to
current and future weather events or natural disasters.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a program, to
be known as the `Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation program' or the `PROTECT
program'.
``(2) Purpose.--The purpose of the program is to provide grants
for resilience improvements through--
``(A) formula funding distributed to States to carry out
subsection (c);
``(B) competitive planning grants to enable communities to
assess vulnerabilities to current and future weather events and
natural disasters and changing conditions, including sea level
rise, and plan transportation improvements and emergency
response strategies to address those vulnerabilities; and
``(C) competitive resilience improvement grants to
protect--
``(i) surface transportation assets by making the
assets more resilient to current and future weather events
and natural disasters, such as severe storms, flooding,
drought, levee and dam failures, wildfire, rockslides,
mudslides, sea level rise, extreme weather, including
extreme temperature, and earthquakes;
``(ii) communities through resilience improvements and
strategies that allow for the continued operation or rapid
recovery of surface transportation systems that--
``(I) serve critical local, regional, and national
needs, including evacuation routes; and
``(II) provide access or service to hospitals and
other medical or emergency service facilities, major
employers, critical manufacturing centers, ports and
intermodal facilities, utilities, and Federal
facilities;
``(iii) coastal infrastructure, such as a tide gate to
protect highways, that is at long-term risk to sea level
rise; and
``(iv) natural infrastructure that protects and
enhances surface transportation assets while improving
ecosystem conditions, including culverts that ensure
adequate flows in rivers and estuarine systems.
``(c) Eligible Activities for Apportioned Funding.--
``(1) In general.--Except as provided in paragraph (2), funds
apportioned to the State under section 104(b)(8) shall be obligated
for activities eligible under subparagraph (A), (B), or (C) of
subsection (d)(4).
``(2) Planning set-aside.--Of the funds apportioned to a State
under section 104(b)(8) for each fiscal year, not less than 2
percent shall be for activities described in subsection (d)(3).
``(3) Requirements.--
``(A) Projects in certain areas.--If a project under this
subsection is carried out, in whole or in part, within a base
floodplain, the State shall--
``(i) identify the base floodplain in which the project
is to be located and disclose that information to the
Secretary; and
``(ii) indicate to the Secretary whether the State
plans to implement 1 or more components of the risk
mitigation plan under section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
``(B) Eligibilities.--A State shall use funds apportioned
to the State under section 104(b)(8) for--
``(i) a highway project eligible for assistance under
this title;
``(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49; or
``(iii) a port facility, including a facility that--
``(I) connects a port to other modes of
transportation;
``(II) improves the efficiency of evacuations and
disaster relief; or
``(III) aids transportation.
``(C) System resilience.--A project carried out by a State
with funds apportioned to the State under section 104(b)(8) may
include the use of natural infrastructure or the construction
or modification of storm surge, flood protection, or aquatic
ecosystem restoration elements that are functionally connected
to a transportation improvement, such as--
``(i) increasing marsh health and total area adjacent
to a highway right-of-way to promote additional flood
storage;
``(ii) upgrades to and installation of culverts
designed to withstand 100-year flood events;
``(iii) upgrades to and installation of tide gates to
protect highways;
``(iv) upgrades to and installation of flood gates to
protect tunnel entrances; and
``(v) improving functionality and resiliency of
stormwater controls, including inventory inspections,
upgrades to, and preservation of best management practices
to protect surface transportation infrastructure.
``(D) Federal cost share.--
``(i) In general.--Except as provided in subsection
(e)(1), the Federal share of the cost of a project carried
out using funds apportioned to the State under section
104(b)(8) shall not exceed 80 percent of the total project
cost.
``(ii) Non-federal share.--A State may use Federal
funds other than Federal funds apportioned to the State
under section 104(b)(8) to meet the non-Federal cost share
requirement for a project under this subsection.
``(E) Eligible project costs.--
``(i) In general.--Except as provided in clause (ii),
eligible project costs for activities carried out by a
State with funds apportioned to the State under section
104(b)(8) may include the costs of--
``(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real property
(including land related to the project and improvements
to land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
``(ii) Eligible planning costs.--In the case of a
planning activity described in subsection (d)(3) that is
carried out by a State with funds apportioned to the State
under section 104(b)(8), eligible costs may include
development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, other
preconstruction activities, and other activities consistent
with carrying out the purposes of subsection (d)(3).
``(F) Limitations.--A State--
``(i) may use not more than 40 percent of the amounts
apportioned to the State under section 104(b)(8) for the
construction of new capacity; and
``(ii) may use not more than 10 percent of the amounts
apportioned to the State under section 104(b)(8) for
activities described in subparagraph (E)(i)(I).
``(d) Competitive Awards.--
``(1) In general.--In addition to funds apportioned to States
under section 104(b)(8) to carry out activities under subsection
(c), the Secretary shall provide grants on a competitive basis
under this subsection to eligible entities described in paragraph
(2).
``(2) Eligible entities.--Except as provided in paragraph
(4)(C), the Secretary may make a grant under this subsection to any
of the following:
``(A) A State or political subdivision of a State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A special purpose district or public authority with a
transportation function, including a port authority.
``(E) An Indian tribe (as defined in section 207(m)(1)).
``(F) A Federal land management agency that applies jointly
with a State or group of States.
``(G) A multi-State or multijurisdictional group of
entities described in subparagraphs (A) through (F).
``(3) Planning grants.--Using funds made available under this
subsection, the Secretary shall provide planning grants to eligible
entities for the purpose of--
``(A) in the case of a State or metropolitan planning
organization, developing a resilience improvement plan under
subsection (e)(2);
``(B) resilience planning, predesign, design, or the
development of data tools to simulate transportation disruption
scenarios, including vulnerability assessments;
``(C) technical capacity building by the eligible entity to
facilitate the ability of the eligible entity to assess the
vulnerabilities of the surface transportation assets and
community response strategies of the eligible entity under
current conditions and a range of potential future conditions;
or
``(D) evacuation planning and preparation.
``(4) Resilience grants.--
``(A) Resilience improvement grants.--
``(i) In general.--Using funds made available under
this subsection, the Secretary shall provide resilience
improvement grants to eligible entities to carry out 1 or
more eligible activities under clause (ii).
``(ii) Eligible activities.--
``(I) In general.--An eligible entity may use a
resilience improvement grant under this subparagraph
for 1 or more construction activities to improve the
ability of an existing surface transportation asset to
withstand 1 or more elements of a weather event or
natural disaster, or to increase the resilience of
surface transportation infrastructure from the impacts
of changing conditions, such as sea level rise,
flooding, wildfires, extreme weather events, and other
natural disasters.
``(II) Inclusions.--An activity eligible to be
carried out under this subparagraph includes--
``(aa) resurfacing, restoration,
rehabilitation, reconstruction, replacement,
improvement, or realignment of an existing surface
transportation facility eligible for assistance
under this title;
``(bb) the incorporation of natural
infrastructure;
``(cc) the upgrade of an existing surface
transportation facility to meet or exceed a design
standard adopted by the Federal Highway
Administration;
``(dd) the installation of mitigation measures
that prevent the intrusion of floodwaters into
surface transportation systems;
``(ee) strengthening systems that remove
rainwater from surface transportation facilities;
``(ff) upgrades to and installation of
structural stormwater controls;
``(gg) a resilience project that addresses
identified vulnerabilities described in the
resilience improvement plan of the eligible entity,
if applicable;
``(hh) relocating roadways in a base floodplain
to higher ground above projected flood elevation
levels, or away from slide prone areas;
``(ii) stabilizing slide areas or slopes;
``(jj) installing riprap;
``(kk) lengthening or raising bridges to
increase waterway openings, including to respond to
extreme weather;
``(ll) increasing the size or number of
drainage structures;
``(mm) installing seismic retrofits on bridges;
``(nn) adding scour protection at bridges;
``(oo) adding scour, stream stability, coastal,
and other hydraulic countermeasures, including spur
dikes;
``(pp) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species,
facilitate wildfire control, and provide erosion
control; and
``(qq) any other protective features, including
natural infrastructure, as determined by the
Secretary.
``(iii) Priority.--The Secretary shall prioritize a
resilience improvement grant to an eligible entity if--
``(I) the Secretary determines--
``(aa) the benefits of the eligible activity
proposed to be carried out by the eligible entity
exceed the costs of the activity; and
``(bb) there is a need to address the
vulnerabilities of surface transportation assets of
the eligible entity with a high risk of, and
impacts associated with, failure due to the impacts
of weather events, natural disasters, or changing
conditions, such as sea level rise, wildfires, and
increased flood risk; or
``(II) the eligible activity proposed to be carried
out by the eligible entity is included in the
applicable resilience improvement plan under subsection
(e)(2).
``(B) Community resilience and evacuation route grants.--
``(i) In general.--Using funds made available under
this subsection, the Secretary shall provide community
resilience and evacuation route grants to eligible entities
to carry out 1 or more eligible activities under clause
(ii).
``(ii) Eligible activities.--An eligible entity may use
a community resilience and evacuation route grant under
this subparagraph for 1 or more projects that strengthen
and protect evacuation routes that are essential for
providing and supporting evacuations caused by emergency
events, including a project that--
``(I) is an eligible activity under subparagraph
(A)(ii), if that eligible activity will improve an
evacuation route;
``(II) ensures the ability of the evacuation route
to provide safe passage during an evacuation and
reduces the risk of damage to evacuation routes as a
result of future emergency events, including restoring
or replacing existing evacuation routes that are in
poor condition or not designed to meet the anticipated
demand during an emergency event, and including steps
to protect routes from mud, rock, or other debris
slides;
``(III) if the eligible entity notifies the
Secretary that existing evacuation routes are not
sufficient to adequately facilitate evacuations,
including the transportation of emergency responders
and recovery resources, expands the capacity of
evacuation routes to swiftly and safely accommodate
evacuations, including installation of--
``(aa) communications and intelligent
transportation system equipment and infrastructure;
``(bb) counterflow measures; or
``(cc) shoulders;
``(IV) is for the construction of new or redundant
evacuation routes, if the eligible entity notifies the
Secretary that existing evacuation routes are not
sufficient to adequately facilitate evacuations,
including the transportation of emergency responders
and recovery resources;
``(V) is for the acquisition of evacuation route or
traffic incident management equipment or signage; or
``(VI) will ensure access or service to critical
destinations, including hospitals and other medical or
emergency service facilities, major employers, critical
manufacturing centers, ports and intermodal facilities,
utilities, and Federal facilities.
``(iii) Priority.--The Secretary shall prioritize
community resilience and evacuation route grants under this
subparagraph for eligible activities that are cost-
effective, as determined by the Secretary, taking into
account--
``(I) current and future vulnerabilities to an
evacuation route due to future occurrence or recurrence
of emergency events that are likely to occur in the
geographic area in which the evacuation route is
located; and
``(II) projected changes in development patterns,
demographics, and extreme weather events based on the
best available evidence and analysis.
``(iv) Consultation.--In providing grants for community
resilience and evacuation routes under this subparagraph,
the Secretary may consult with the Administrator of the
Federal Emergency Management Agency, who may provide
technical assistance to the Secretary and to eligible
entities.
``(C) At-risk coastal infrastructure grants.--
``(i) Definition of eligible entity.--In this
subparagraph, the term `eligible entity' means any of the
following:
``(I) A State (including the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands) in, or bordering on, the
Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico,
Long Island Sound, or 1 or more of the Great Lakes.
``(II) A political subdivision of a State described
in subclause (I).
``(III) A metropolitan planning organization in a
State described in subclause (I).
``(IV) A unit of local government in a State
described in subclause (I).
``(V) A special purpose district or public
authority with a transportation function, including a
port authority, in a State described in subclause (I).
``(VI) An Indian tribe in a State described in
subclause (I).
``(VII) A Federal land management agency that
applies jointly with a State or group of States
described in subclause (I).
``(VIII) A multi-State or multijurisdictional group
of entities described in subclauses (I) through (VII).
``(ii) Grants.--Using funds made available under this
subsection, the Secretary shall provide at-risk coastal
infrastructure grants to eligible entities to carry out 1
or more eligible activities under clause (iii).
``(iii) Eligible activities.--An eligible entity may
use an at-risk coastal infrastructure grant under this
subparagraph for strengthening, stabilizing, hardening,
elevating, relocating, or otherwise enhancing the
resilience of highway and non-rail infrastructure,
including bridges, roads, pedestrian walkways, and bicycle
lanes, and associated infrastructure, such as culverts and
tide gates to protect highways, that are subject to, or
face increased long-term future risks of, a weather event,
a natural disaster, or changing conditions, including
coastal flooding, coastal erosion, wave action, storm
surge, or sea level rise, in order to improve
transportation and public safety and to reduce costs by
avoiding larger future maintenance or rebuilding costs.
``(iv) Criteria.--The Secretary shall provide at-risk
coastal infrastructure grants under this subparagraph for a
project--
``(I) that addresses the risks from a current or
future weather event or natural disaster, including
coastal flooding, coastal erosion, wave action, storm
surge, or sea level change; and
``(II) that reduces long-term infrastructure costs
by avoiding larger future maintenance or rebuilding
costs.
``(v) Coastal benefits.--In addition to the criteria
under clause (iv), for the purpose of providing at-risk
coastal infrastructure grants under this subparagraph, the
Secretary shall evaluate the extent to which a project will
provide--
``(I) access to coastal homes, businesses,
communities, and other critical infrastructure,
including access by first responders and other
emergency personnel; or
``(II) access to a designated evacuation route.
``(5) Grant requirements.--
``(A) Solicitations for grants.--In providing grants under
this subsection, the Secretary shall conduct a transparent and
competitive national solicitation process to select eligible
projects to receive grants under paragraph (3) and
subparagraphs (A), (B), and (C) of paragraph (4).
``(B) Applications.--
``(i) In general.--To be eligible to receive a grant
under paragraph (3) or subparagraph (A), (B), or (C) of
paragraph (4), an eligible entity shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary determines to
be necessary.
``(ii) Projects in certain areas.--If a project is
proposed to be carried out by the eligible entity, in whole
or in part, within a base floodplain, the eligible entity
shall--
``(I) as part of the application, identify the
floodplain in which the project is to be located and
disclose that information to the Secretary; and
``(II) indicate in the application whether, if
selected, the eligible entity will implement 1 or more
components of the risk mitigation plan under section
322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165) with respect
to the area.
``(C) Eligibilities.--The Secretary may make a grant under
paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4)
only for--
``(i) a highway project eligible for assistance under
this title;
``(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
``(iii) a facility or service for intercity rail
passenger transportation (as defined in section 24102 of
title 49); or
``(iv) a port facility, including a facility that--
``(I) connects a port to other modes of
transportation;
``(II) improves the efficiency of evacuations and
disaster relief; or
``(III) aids transportation.
``(D) System resilience.--A project for which a grant is
provided under paragraph (3) or subparagraph (A), (B), or (C)
of paragraph (4) may include the use of natural infrastructure
or the construction or modification of storm surge, flood
protection, or aquatic ecosystem restoration elements that the
Secretary determines are functionally connected to a
transportation improvement, such as--
``(i) increasing marsh health and total area adjacent
to a highway right-of-way to promote additional flood
storage;
``(ii) upgrades to and installing of culverts designed
to withstand 100-year flood events;
``(iii) upgrades to and installation of tide gates to
protect highways; and
``(iv) upgrades to and installation of flood gates to
protect tunnel entrances.
``(E) Federal cost share.--
``(i) Planning grant.--The Federal share of the cost of
a planning activity carried out using a planning grant
under paragraph (3) shall be 100 percent.
``(ii) Resilience grants.--
``(I) In general.--Except as provided in subclause
(II) and subsection (e)(1), the Federal share of the
cost of a project carried out using a grant under
subparagraph (A), (B), or (C) of paragraph (4) shall
not exceed 80 percent of the total project cost.
``(II) Tribal projects.--On the determination of
the Secretary, the Federal share of the cost of a
project carried out using a grant under subparagraph
(A), (B), or (C) of paragraph (4) by an Indian tribe
(as defined in section 207(m)(1)) may be up to 100
percent.
``(iii) Non-federal share.--The eligible entity may use
Federal funds other than Federal funds provided under this
subsection to meet the non-Federal cost share requirement
for a project carried out with a grant under this
subsection.
``(F) Eligible project costs.--
``(i) Resilience grant projects.--Eligible project
costs for activities funded with a grant under subparagraph
(A), (B), or (C) of paragraph (4) may include the costs
of--
``(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real property
(including land related to the project and improvements
to land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
``(ii) Planning grants.--Eligible project costs for
activities funded with a grant under paragraph (3) may
include the costs of development phase activities,
including planning, feasibility analysis, revenue
forecasting, environmental review, preliminary engineering
and design work, other preconstruction activities, and
other activities consistent with carrying out the purposes
of that paragraph.
``(G) Limitations.--
``(i) In general.--An eligible entity that receives a
grant under subparagraph (A), (B), or (C) of paragraph
(4)--
``(I) may use not more than 40 percent of the
amount of the grant for the construction of new
capacity; and
``(II) may use not more than 10 percent of the
amount of the grant for activities described in
subparagraph (F)(i)(I).
``(ii) Limit on certain activities.--For each fiscal
year, not more than 25 percent of the total amount provided
under this subsection may be used for projects described in
subparagraph (C)(iii).
``(H) Distribution of grants.--
``(i) In general.--Subject to the availability of
funds, an eligible entity may request and the Secretary may
distribute funds for a grant under this subsection on a
multiyear basis, as the Secretary determines to be
necessary.
``(ii) Rural set-aside.--Of the amounts made available
to carry out this subsection for each fiscal year, the
Secretary shall use not less than 25 percent for grants for
projects located in areas that are outside an urbanized
area with a population of over 200,000.
``(iii) Tribal set-aside.--Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 2 percent for
grants to Indian tribes (as defined in section 207(m)(1)).
``(iv) Reallocation.--For any fiscal year, if the
Secretary determines that the amount described in clause
(ii) or (iii) will not be fully utilized for the grant
described in that clause, the Secretary may reallocate the
unutilized funds to provide grants to other eligible
entities under this subsection.
``(6) Consultation.--In carrying out this subsection, the
Secretary shall--
``(A) consult with the Assistant Secretary of the Army for
Civil Works, the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, and the Secretary of
Commerce; and
``(B) solicit technical support from the Administrator of
the Federal Emergency Management Agency.
``(7) Grant administration.--The Secretary may--
``(A) retain not more than a total of 5 percent of the
funds made available to carry out this subsection and to review
applications for grants under this subsection; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under this subsection.
``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
``(1) Federal share reductions.--
``(A) In general.--A State that receives funds apportioned
to the State under section 104(b)(8) or an eligible entity that
receives a grant under subsection (d) shall have the non-
Federal share of a project carried out with the funds or grant,
as applicable, reduced by an amount described in subparagraph
(B) if the State or eligible entity meets the applicable
requirements under that subparagraph.
``(B) Amount of reductions.--
``(i) Resilience improvement plan.--Subject to clause
(iii), the amount of the non-Federal share of the costs of
a project carried out with funds apportioned to a State
under section 104(b)(8) or a grant under subsection (d)
shall be reduced by 7 percentage points if--
``(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the State or eligible entity has--
``(aa) developed a resilience improvement plan
in accordance with this subsection; and
``(bb) prioritized the project on that
resilience improvement plan; and
``(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan
planning organization that has--
``(aa) developed a resilience improvement plan
in accordance with this subsection; and
``(bb) prioritized the project on that
resilience improvement plan.
``(ii) Incorporation of resilience improvement plan in
other planning.--Subject to clause (iii), the amount of the
non-Federal share of the cost of a project carried out with
funds under subsection (c) or a grant under subsection (d)
shall be reduced by 3 percentage points if--
``(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the resilience improvement plan developed
in accordance with this subsection has been
incorporated into the metropolitan transportation plan
under section 134 or the long-range statewide
transportation plan under section 135, as applicable;
and
``(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan
planning organization that incorporated a resilience
improvement plan into the metropolitan transportation
plan under section 134 or the long-range statewide
transportation plan under section 135, as applicable.
``(iii) Limitations.--
``(I) Maximum reduction.--A State or eligible
entity may not receive a reduction under this paragraph
of more than 10 percentage points for any single
project carried out with funds under subsection (c) or
a grant under subsection (d).
``(II) No negative non-federal share.--A reduction
under this paragraph shall not reduce the non-Federal
share of the costs of a project carried out with funds
under subsection (c) or a grant under subsection (d) to
an amount that is less than zero.
``(2) Plan contents.--A resilience improvement plan referred to
in paragraph (1)--
``(A) shall be for the immediate and long-range planning
activities and investments of the State or metropolitan
planning organization with respect to resilience of the surface
transportation system within the boundaries of the State or
metropolitan planning organization, as applicable;
``(B) shall demonstrate a systemic approach to surface
transportation system resilience and be consistent with and
complementary of the State and local mitigation plans required
under section 322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165);
``(C) shall include a risk-based assessment of
vulnerabilities of transportation assets and systems to current
and future weather events and natural disasters, such as severe
storms, flooding, drought, levee and dam failures, wildfire,
rockslides, mudslides, sea level rise, extreme weather,
including extreme temperatures, and earthquakes;
``(D) may--
``(i) designate evacuation routes and strategies,
including multimodal facilities, designated with
consideration for individuals without access to personal
vehicles;
``(ii) plan for response to anticipated emergencies,
including plans for the mobility of--
``(I) emergency response personnel and equipment;
and
``(II) access to emergency services, including for
vulnerable or disadvantaged populations;
``(iii) describe the resilience improvement policies,
including strategies, land-use and zoning changes,
investments in natural infrastructure, or performance
measures that will inform the transportation investment
decisions of the State or metropolitan planning
organization with the goal of increasing resilience;
``(iv) include an investment plan that--
``(I) includes a list of priority projects; and
``(II) describes how funds apportioned to the State
under section 104(b)(8) or provided by a grant under
the program would be invested and matched, which shall
not be subject to fiscal constraint requirements; and
``(v) use science and data and indicate the source of
data and methodologies; and
``(E) shall, as appropriate--
``(i) include a description of how the plan will
improve the ability of the State or metropolitan planning
organization--
``(I) to respond promptly to the impacts of weather
events and natural disasters; and
``(II) to be prepared for changing conditions, such
as sea level rise and increased flood risk;
``(ii) describe the codes, standards, and regulatory
framework, if any, adopted and enforced to ensure
resilience improvements within the impacted area of
proposed projects included in the resilience improvement
plan;
``(iii) consider the benefits of combining hard surface
transportation assets, and natural infrastructure, through
coordinated efforts by the Federal Government and the
States;
``(iv) assess the resilience of other community assets,
including buildings and housing, emergency management
assets, and energy, water, and communication
infrastructure;
``(v) use a long-term planning period; and
``(vi) include such other information as the State or
metropolitan planning organization considers appropriate.
``(3) No new planning requirements.--Nothing in this section
requires a metropolitan planning organization or a State to develop
a resilience improvement plan or to include a resilience
improvement plan under the metropolitan transportation plan under
section 134 or the long-range statewide transportation plan under
section 135, as applicable, of the metropolitan planning
organization or State.
``(f) Monitoring.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall--
``(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out with a grant
under subsection (d)--
``(i) subject to paragraph (2), transportation and any
other metrics as the Secretary determines to be necessary;
and
``(ii) procedures for monitoring and evaluating
projects based on those metrics; and
``(B) select a representative sample of projects to
evaluate based on the metrics and procedures established under
subparagraph (A).
``(2) Notice.--Before adopting any metrics described in
paragraph (1), the Secretary shall--
``(A) publish the proposed metrics in the Federal Register;
and
``(B) provide to the public an opportunity for comment on
the proposed metrics.
``(g) Reports.--
``(1) Reports from eligible entities.--Not later than 1 year
after the date on which a project carried out with a grant under
subsection (d) is completed, the eligible entity that carried out
the project shall submit to the Secretary a report on the results
of the project and the use of the funds awarded.
``(2) Reports to congress.--
``(A) Annual reports.--The Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, and publish on the website of the Department
of Transportation, an annual report that describes the
implementation of the program during the preceding calendar
year, including--
``(i) each project for which a grant was provided under
subsection (d);
``(ii) information relating to project applications
received;
``(iii) the manner in which the consultation
requirements were implemented under subsection (d);
``(iv) recommendations to improve the administration of
subsection (d), including whether assistance from
additional or fewer agencies to carry out the program is
appropriate;
``(v) the period required to disburse grant funds to
eligible entities based on applicable Federal coordination
requirements; and
``(vi) a list of facilities that repeatedly require
repair or reconstruction due to emergency events.
``(B) Final report.--Not later than 5 years after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall submit to Congress a report that
includes the results of the reports submitted under
subparagraph (A).
``(h) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11403(b)), is amended by
inserting after the item relating to section 175 the following:
``176. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) program.''.
SEC. 11406. HEALTHY STREETS PROGRAM.
(a) Definitions.--In this section:
(1) Cool pavement.--The term ``cool pavement'' means a pavement
with reflective surfaces with higher albedo to decrease the surface
temperature of that pavement.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a Tribal government; and
(E) a nonprofit organization working in coordination with
an entity described in subparagraphs (A) through (D).
(3) Low-income community.--The term ``low-income community''
means a census block group in which not less than 30 percent of the
population lives below the poverty line (as defined in section 673
of the Community Services Block Grant Act (42 U.S.C. 9902)).
(4) Porous pavement.--The term ``porous pavement'' means a
paved surface with a higher than normal percentage of air voids to
allow water to pass through the surface and infiltrate into the
subsoil.
(5) Program.--The term ``program'' means the Healthy Streets
program established under subsection (b).
(6) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(7) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the date
of enactment of this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(b) Establishment.--The Secretary shall establish a discretionary
grant program, to be known as the ``Healthy Streets program'', to
provide grants to eligible entities--
(1) to deploy cool pavements and porous pavements; and
(2) to expand tree cover.
(c) Goals.--The goals of the program are--
(1) to mitigate urban heat islands;
(2) to improve air quality; and
(3) to reduce--
(A) the extent of impervious surfaces;
(B) stormwater runoff and flood risks; and
(C) heat impacts to infrastructure and road users.
(d) Application.--
(1) In general.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Requirements.--The application submitted by an eligible
entity under paragraph (1) shall include a description of--
(A) how the eligible entity would use the grant funds; and
(B) the contribution that the projects intended to be
carried out with grant funds would make to improving the
safety, health outcomes, natural environment, and quality of
life in low-income communities and disadvantaged communities.
(e) Use of Funds.--An eligible entity that receives a grant under
the program may use the grant funds for 1 or more of the following
activities:
(1) Conducting an assessment of urban heat islands to identify
hot spot areas of extreme heat or elevated air pollution.
(2) Conducting a comprehensive tree canopy assessment, which
shall assess the current tree locations and canopy, including--
(A) an inventory of the location, species, condition, and
health of existing tree canopies and trees on public
facilities; and
(B) an identification of--
(i) the locations where trees need to be replaced;
(ii) empty tree boxes or other locations where trees
could be added; and
(iii) flood-prone locations where trees or other
natural infrastructure could mitigate flooding.
(3) Conducting an equity assessment by mapping tree canopy
gaps, flood-prone locations, and urban heat island hot spots as
compared to--
(A) pedestrian walkways and public transportation stop
locations;
(B) low-income communities; and
(C) disadvantaged communities.
(4) Planning activities, including developing an investment
plan based on the results of the assessments carried out under
paragraphs (1), (2), and (3).
(5) Purchasing and deploying cool pavements to mitigate urban
heat island hot spots.
(6) Purchasing and deploying porous pavement to mitigate
flooding and stormwater runoff in--
(A) pedestrian-only areas; and
(B) areas of low-volume, low-speed vehicular use.
(7) Purchasing of trees, site preparation, planting of trees,
ongoing maintenance and monitoring of trees, and repairing of storm
damage to trees, with priority given to--
(A) to the extent practicable, the planting of native
species; and
(B) projects located in a neighborhood with lower tree
cover or higher maximum daytime summer temperatures compared to
surrounding neighborhoods.
(8) Assessing underground infrastructure and coordinating with
local transportation and utility providers.
(9) Hiring staff to conduct any of the activities described in
paragraphs (1) through (8).
(f) Priority.--In awarding grants to eligible entities under the
program, the Secretary shall give priority to an eligible entity--
(1) proposing to carry out an activity or project in a low-
income community or a disadvantaged community;
(2) that has entered into a community benefits agreement with
representatives of the community; or
(3) that is partnering with a qualified youth or conservation
corps (as defined in section 203 of the Public Lands Corps Act of
1993 (16 U.S.C. 1722)).
(g) Distribution Requirement.--Of the amounts made available to
carry out the program for each fiscal year, not less than 80 percent
shall be provided for projects in urbanized areas (as defined in
section 101(a) of title 23, United States Code).
(h) Federal Share.--
(1) In general.--Except as provided under paragraph (2), the
Federal share of the cost of a project carried out under the
program shall be 80 percent.
(2) Waiver.--The Secretary may increase the Federal share
requirement under paragraph (1) to 100 percent for projects carried
out by an eligible entity that demonstrates economic hardship, as
determined by the Secretary.
(i) Maximum Grant Amount.--An individual grant under this section
shall not exceed $15,000,000.
(j) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
Subtitle E--Miscellaneous
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
(a) In General.--Section 105 of title 23, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
105.
SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
(a) Definition of Bollard Installation Project.--In this section,
the term ``bollard installation project'' means a project to install
raised concrete or metal posts on a sidewalk adjacent to a roadway that
are designed to slow or stop a motor vehicle.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act and subject to the availability of
appropriations, the Secretary shall establish and carry out a
competitive grant pilot program to provide assistance to State
departments of transportation and local government entities for bollard
installation projects designed to prevent pedestrian injuries and acts
of terrorism in areas used by large numbers of pedestrians.
(c) Application.--To be eligible to receive a grant under this
section, a State department of transportation or local government
entity shall submit to the Secretary an application at such time, in
such form, and containing such information as the Secretary determines
to be appropriate, which shall include, at a minimum--
(1) a description of the proposed bollard installation project
to be carried out;
(2) a description of the pedestrian injury or terrorism risks
with respect to the proposed installation area; and
(3) an analysis of how the proposed bollard installation
project will mitigate those risks.
(d) Use of Funds.--A recipient of a grant under this section may
only use the grant funds for a bollard installation project.
(e) Federal Share.--The Federal share of the costs of a bollard
installation project carried out with a grant under this section may be
up to 100 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2022 through 2026.
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
(a) Definitions.--In this section:
(1) Originating state.--The term ``originating State'' means a
State that--
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and
(B) has been selected by the Secretary under subsection
(d)(2).
(2) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (b).
(3) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under this
section from an originating State.
(4) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(b) Establishment of Pilot Program.--The Secretary shall establish
and implement a toll credit exchange pilot program in accordance with
this section.
(c) Purposes.--The purposes of the pilot program are--
(1) to identify the extent of the demand to purchase toll
credits;
(2) to identify the cash price of toll credits through
bilateral transactions between States;
(3) to analyze the impact of the purchase or sale of toll
credits on transportation expenditures;
(4) to test the feasibility of expanding the pilot program to
allow all States to participate on a permanent basis; and
(5) to identify any other repercussions of the toll credit
exchange.
(d) Selection of Originating States.--
(1) Application.--In order to participate in the pilot program
as an originating State, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including, at a minimum,
such information as is required for the Secretary to verify--
(A) the amount of unused toll credits for which the State
has submitted certification to the Secretary that are available
to be sold or transferred under the pilot program, including--
(i) toll revenue generated and the sources of that
revenue;
(ii) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain highways,
bridges, or tunnels that serve the public purpose of
interstate commerce; and
(iii) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build, improve,
or maintain the toll facility, to validate that the credit
has been reduced by a percentage equal to the percentage of
the total cost of building, improving, or maintaining the
facility that was derived from Federal funds;
(B) the documentation of maintenance of effort for toll
credits earned by the originating State; and
(C) the accuracy of the accounting system of the State to
earn and track toll credits.
(2) Selection.--Of the States that submit an application under
paragraph (1), the Secretary may select not more than 10 States to
be designated as an originating State.
(3) Limitation on sales.--At any time, the Secretary may limit
the amount of unused toll credits that may be offered for sale
under the pilot program.
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program, the
Secretary shall provide that an originating State may transfer or
sell to a recipient State a credit not previously used by the
originating State under section 120(i) of title 23, United States
Code.
(2) Website support.--The Secretary shall make available a
publicly accessible website on which originating States shall post
the amount of toll credits, verified under subsection (d)(1)(A),
that are available for sale or transfer to a recipient State.
(3) Bilateral transactions.--An originating State and a
recipient State may enter into a bilateral transaction to sell or
transfer verified toll credits.
(4) Notification.--Not later than 30 days after the date on
which a credit is transferred or sold, the originating State and
the recipient State shall jointly submit to the Secretary a written
notification of the transfer or sale, including details on--
(A) the amount of toll credits that have been sold or
transferred;
(B) the price paid or other value transferred in exchange
for the toll credits;
(C) the intended use by the recipient State of the toll
credits, if known;
(D) the intended use by the originating State of the cash
or other value transferred;
(E) an update on the toll credit balance of the originating
State and the recipient State; and
(F) any other information about the transaction that the
Secretary may require.
(5) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward the non-
Federal share requirement for any funds made available to carry out
title 23 or chapter 53 of title 49, United States Code, in
accordance with section 120(i) of title 23, United States Code.
(6) Use of proceeds from sale of credits.--An originating State
shall use the proceeds from the sale of a credit under paragraph
(1) for the construction costs of any project in the originating
State that is eligible under title 23, United States Code.
(f) Reporting Requirements.--
(1) Initial report.--Not later than 1 year after the date on
which the pilot program is established, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress of the pilot program.
(2) Final report.--Not later than 3 years after the date on
which the pilot program is established, the Secretary shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(i) determines whether a toll credit marketplace is
viable and cost-effective;
(ii) describes the buying and selling activities under
the pilot program;
(iii) describes the average sale price of toll credits;
(iv) determines whether the pilot program could be
expanded to more States or all States or to non-State
operators of toll facilities;
(v) provides updated information on the toll credit
balance accumulated by each State; and
(vi) describes the list of projects that were assisted
by the pilot program; and
(B) make the report under subparagraph (A) publicly
available on the website of the Department.
(g) Termination.--
(1) In general.--The Secretary may terminate the pilot program
or the participation of any State in the pilot program if the
Secretary determines that--
(A) the pilot program is not serving a public benefit; or
(B) it is not cost effective to carry out the pilot
program.
(2) Procedures.--The termination of the pilot program or the
participation of a State in the pilot program shall be carried out
consistent with Federal requirements for project closeout,
adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall initiate a study on the existing and
future impacts of self-driving vehicles to transportation
infrastructure, mobility, the environment, and safety, including
impacts on--
(1) the Interstate System (as defined in section 101(a) of
title 23, United States Code);
(2) urban roads;
(3) rural roads;
(4) corridors with heavy traffic congestion;
(5) transportation systems optimization; and
(6) any other areas or issues relevant to operations of the
Federal Highway Administration that the Secretary determines to be
appropriate.
(b) Contents of Study.--The study under subsection (a) shall
include specific recommendations for both rural and urban communities
regarding the impacts of self-driving vehicles on existing
transportation system capacity.
(c) Considerations.--In carrying out the study under subsection
(a), the Secretary shall--
(1) consider the need for and recommend any policy changes to
be undertaken by the Federal Highway Administration on the impacts
of self-driving vehicles as identified under paragraph (2); and
(2) for both rural and urban communities, include a discussion
of--
(A) the impacts that self-driving vehicles will have on
existing transportation infrastructure, such as signage and
markings, traffic lights, and highway capacity and design;
(B) the impact on commercial and private traffic flows;
(C) infrastructure improvement needs that may be necessary
for transportation infrastructure to accommodate self-driving
vehicles;
(D) the impact of self-driving vehicles on the environment,
congestion, and vehicle miles traveled; and
(E) the impact of self-driving vehicles on mobility.
(d) Coordination.--In carrying out the study under subsection (a),
the Secretary shall consider and incorporate relevant current and
ongoing research of the Department.
(e) Consultation.--In carrying out the study under subsection (a),
the Secretary shall convene and consult with a panel of national
experts in both rural and urban transportation, including--
(1) operators and users of the Interstate System (as defined in
section 101(a) of title 23, United States Code), including private
sector stakeholders;
(2) States and State departments of transportation;
(3) metropolitan planning organizations;
(4) the motor carrier industry;
(5) representatives of public transportation agencies or
organizations;
(6) highway safety and academic groups;
(7) nonprofit entities with experience in transportation
policy;
(8) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(9) environmental stakeholders; and
(10) self-driving vehicle producers, manufacturers, and
technology developers.
(f) Report.--Not later than 1 year after the date on which the
study under subsection (a) is initiated, the Secretary shall submit a
report on the results of the study to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
(a) Definition of Local Community.--In this section, the term
``local community'' means--
(1) a unit of local government;
(2) a political subdivision of a State or local government;
(3) a metropolitan planning organization (as defined in section
134(b) of title 23, United States Code);
(4) a rural planning organization; or
(5) a Tribal government.
(b) Study.--
(1) In general.--The Secretary shall carry out a study to
determine the utility of incorporating the use of bicycles into the
disaster preparedness and disaster response plans of local
communities.
(2) Requirements.--The study carried out under paragraph (1)
shall include--
(A) a vulnerability assessment of the infrastructure in
local communities as of the date of enactment of this Act that
supports active transportation, including bicycling, walking,
and personal mobility devices, with a particular focus on areas
in local communities that--
(i) have low levels of vehicle ownership; and
(ii) lack sufficient active transportation
infrastructure routes to public transportation;
(B) an evaluation of whether disaster preparedness and
disaster response plans should include the use of bicycles by
first responders, emergency workers, and community organization
representatives--
(i) during a mandatory or voluntary evacuation ordered
by a Federal, State, Tribal, or local government entity--
(I) to notify residents of the need to evacuate;
(II) to evacuate individuals and goods; and
(III) to reach individuals who are in need of first
aid and medical assistance; and
(ii) after a disaster or emergency declared by a
Federal, State, Tribal, or local government entity--
(I) to participate in search and rescue activities;
(II) to carry commodities to be used for life-
saving or life-sustaining purposes, including--
(aa) water;
(bb) food;
(cc) first aid and other medical supplies; and
(dd) power sources and electric supplies, such
as cell phones, radios, lights, and batteries;
(III) to reach individuals who are in need of the
commodities described in subclause (II); and
(IV) to assist with other disaster relief tasks, as
appropriate; and
(C) a review of training programs for first responders,
emergency workers, and community organization representatives
relating to--
(i) competent bicycle skills, including the use of
cargo bicycles and electric bicycles, as applicable;
(ii) basic bicycle maintenance;
(iii) compliance with relevant traffic safety laws;
(iv) methods to use bicycles to carry out the
activities described in clauses (i) and (ii) of
subparagraph (2)(B); and
(v) exercises conducted for the purpose of--
(I) exercising the skills described in clause (i);
and
(II) maintaining bicycles and related equipment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the results of the study carried out under
subsection (b); and
(2) provides recommendations, if any, relating to--
(A) the methods by which to incorporate bicycles into
disaster preparedness and disaster response plans of local
communities; and
(B) improvements to training programs described in
subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
(a) Definitions.--Section 14102(a)(1) of title 40, United States
Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``Catawba,'' after ``Caldwell,''; and
(B) by inserting ``Cleveland,'' after ``Clay,'';
(2) in subparagraph (J), by striking ``and Spartanburg'' and
inserting ``Spartanburg, and Union''; and
(3) in subparagraph (M), by inserting ``, of which the counties
of Brooke, Hancock, Marshall, and Ohio shall be considered to be
located in the North Central subregion'' after ``West Virginia''.
(b) Functions.--Section 14303(a) of title 40, United States Code,
is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) support broadband access in the Appalachian region.''.
(c) Congressional Notification.--
(1) In general.--Subchapter II of chapter 143 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14323. Congressional notification
``(a) In General.--In the case of a project described in subsection
(b), the Appalachian Regional Commission shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate notice
of the award of a grant or other financial assistance not less than 3
full business days before awarding the grant or other financial
assistance.
``(b) Projects Described.--A project referred to in subsection (a)
is a project that the Appalachian Regional Commission has selected to
receive a grant or other financial assistance under this subtitle in an
amount not less than $50,000.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 143 of subtitle IV of title 40, United States Code, is
amended by adding at the end the following:
``14323. Congressional notification.''.
(d) High-speed Broadband Deployment Initiative.--Section 14509 of
title 40, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide amounts to individuals or entities in the Appalachian region
for projects and activities to increase affordable access to broadband
networks throughout the Appalachian region.'';
(2) by redesignating subsections (b) through (d) as subsections
(c) through (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Eligible Projects and Activities.--A project or activity
eligible to be carried out under this section is a project or
activity--
``(1) to conduct research, analysis, and training to increase
broadband adoption efforts in the Appalachian region; or
``(2) for the construction and deployment of broadband service-
related infrastructure in the Appalachian region.'';
(4) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(5) by adding at the end the following:
``(f) Request for Data.--Before making a grant for a project or
activity described in subsection (b)(2), the Appalachian Regional
Commission shall request from the Federal Communications Commission,
the National Telecommunications and Information Administration, the
Economic Development Administration, and the Department of Agriculture
data on--
``(1) the level and extent of broadband service that exists in
the area proposed to be served by the broadband service-related
infrastructure; and
``(2) the level and extent of broadband service that will be
deployed in the area proposed to be served by the broadband
service-related infrastructure pursuant to another Federal program.
``(g) Requirement.--For each fiscal year, not less than 65 percent
of the amounts made available to carry out this section shall be used
for grants for projects and activities described in subsection
(b)(2).''.
(e) Appalachian Regional Energy Hub Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14511. Appalachian regional energy hub initiative
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance to, make grants to, enter into contracts with, or
otherwise provide amounts to individuals or entities in the Appalachian
region for projects and activities--
``(1) to conduct research and analysis regarding the economic
impact of an ethane storage hub in the Appalachian region that
supports a more-effective energy market performance due to the
scale of the project, such as a project with the capacity to store
and distribute more than 100,000 barrels per day of hydrocarbon
feedstock with a minimum gross heating value of 1,700 Btu per
standard cubic foot;
``(2) with the potential to significantly contribute to the
economic resilience of the area in which the project is located;
and
``(3) that will help establish a regional energy hub in the
Appalachian region for natural gas and natural gas liquids,
including hydrogen produced from the steam methane reforming of
natural gas feedstocks.
``(b) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not more
than 50 percent may be provided from amounts made available to
carry out this section;
``(2) in the case of a project or activity to be carried out in
a county for which a distressed county designation is in effect
under section 14526, not more than 80 percent may be provided from
amounts made available to carry out this section; and
``(3) in the case of a project or activity to be carried out in
a county for which an at-risk county designation is in effect under
section 14526, not more than 70 percent may be provided from
amounts made available to carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 145 of title 40, United States Code, is amended by adding
at the end the following:
``14511. Appalachian regional energy hub initiative.''.
(f) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) $200,000,000 for each of fiscal years 2022 through
2026.'';
(2) in subsection (c), by striking ``$10,000,000 may be used to
carry out section 14509 for each of fiscal years 2016 through
2021'' and inserting ``$20,000,000 may be used to carry out section
14509 for each of fiscal years 2022 through 2026'';
(3) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(4) by inserting after subsection (c) the following:
``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts
made available under subsection (a), $5,000,000 shall be used to carry
out section 14511 for each of fiscal years 2022 through 2026.''.
(g) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.
(a) Denali Access System Program.--Notwithstanding subsection (j)
of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277), there is authorized to be appropriated
$20,000,000 for each of fiscal years 2022 through 2026 to carry out
that section.
(b) Transfers of Funds.--Section 311(c) of the Denali Commission
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) notwithstanding any other provision of law, shall--
``(A) be treated as if directly appropriated to the
Commission and subject to applicable provisions of this Act;
and
``(B) not be subject to any requirements that applied to
the funds before the transfer, including a requirement in an
appropriations Act or a requirement or regulation of the
Federal agency from which the funds are transferred.''.
SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Project.--The term ``project'' means a project (as defined
in section 101 of title 23, United States Code) that--
(A) is carried out, in whole or in part, using Federal
financial assistance; and
(B) has an estimated total cost of $100,000,000 or more.
(2) Public-private partnership.--The term ``public-private
partnership'' means an agreement between a public agency and a
private entity to finance, build, and maintain or operate a
project.
(b) Requirements for Projects Carried Out Through Public-private
Partnerships.--With respect to a public-private partnership, as a
condition of receiving Federal financial assistance for a project, the
Secretary shall require the public partner, not later than 3 years
after the date of opening of the project to traffic--
(1) to conduct a review of the project, including a review of
the compliance of the private partner with the terms of the public-
private partnership agreement;
(2)(A) to certify to the Secretary that the private partner of
the public-private partnership is meeting the terms of the public-
private partnership agreement for the project; or
(B) to notify the Secretary that the private partner of the
public-private partnership has not met 1 or more of the terms of
the public-private partnership agreement for the project, including
a brief description of each violation of the public-private
partnership agreement; and
(3) to make publicly available the certification or
notification, as applicable, under paragraph (2) in a form that
does not disclose any proprietary or confidential business
information.
(c) Notification.--If the Secretary provides Federal financial
assistance to a project carried out through a public-private
partnership, not later than 30 days after the date on which the Federal
financial assistance is first obligated, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a notification of the Federal financial assistance made
available for the project.
(d) Value for Money Analysis.--
(1) Project approval and oversight.--Section 106(h)(3) of title
23, United States Code, is amended--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) for a project in which the project sponsor intends to
carry out the project through a public-private partnership
agreement, shall include a detailed value for money analysis or
similar comparative analysis for the project; and''.
(2) Surface transportation block grant program.--Paragraph (21)
of section 133(b) of title 23, United States Code (as redesignated
by section 1109(a)(1)(C)), is amended by inserting ``, including
conducting value for money analyses or similar comparative
analyses,'' after ``oversight''.
(3) TIFIA.--Section 602(a) of title 23, United States Code, is
amended by adding at the end the following:
``(11) Public-private partnerships.--In the case of a project
to be carried out through a public-private partnership, the public
partner shall have--
``(A) conducted a value for money analysis or similar
comparative analysis; and
``(B) determined the appropriateness of the public-private
partnership agreement.''.
(e) Applicability.--This section and the amendments made by this
section shall only apply to a public-private partnership agreement
entered into on or after the date of enactment of this Act.
SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.
(a) Definition of Eligible Facility.--
(1) In general.--In this section, the term ``eligible
facility'' means a highway or other transportation facility that
creates a barrier to community connectivity, including barriers to
mobility, access, or economic development, due to high speeds,
grade separations, or other design factors.
(2) Inclusions.--In this section, the term ``eligible
facility'' may include--
(A) a limited access highway;
(B) a viaduct; and
(C) any other principal arterial facility.
(b) Establishment.--The Secretary shall establish a pilot program
through which an eligible entity may apply for funding, in order to
restore community connectivity--
(1) to study the feasibility and impacts of removing,
retrofitting, or mitigating an existing eligible facility;
(2) to conduct planning activities necessary to design a
project to remove, retrofit, or mitigate an existing eligible
facility; and
(3) to conduct construction activities necessary to carry out a
project to remove, retrofit, or mitigate an existing eligible
facility.
(c) Planning Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``planning grant'') to carry out
planning activities described in paragraph (2) to--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; and
(E) a nonprofit organization.
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or mitigating an existing eligible
facility to restore community connectivity, including
evaluations of--
(i) current traffic patterns on the eligible facility
proposed for removal, retrofit, or mitigation and the
surrounding street network;
(ii) the capacity of existing transportation networks
to maintain mobility needs;
(iii) an analysis of alternative roadway designs or
other uses for the right-of-way of the eligible facility,
including an analysis of whether the available right-of-way
would suffice to create an alternative roadway design;
(iv) the effect of the removal, retrofit, or mitigation
of the eligible facility on the mobility of freight and
people;
(v) the effect of the removal, retrofit, or mitigation
of the eligible facility on the safety of the traveling
public;
(vi) the cost to remove, retrofit, or mitigate the
eligible facility--
(I) to restore community connectivity; and
(II) to convert the eligible facility to a
different roadway design or use, compared to any
expected costs for necessary maintenance or
reconstruction of the eligible facility;
(vii) the anticipated economic impact of removing,
retrofitting, or mitigating and converting the eligible
facility and any economic development opportunities that
would be created by removing, retrofitting, or mitigating
and converting the eligible facility; and
(viii) the environmental impacts of retaining or
reconstructing the eligible facility and the anticipated
effect of the proposed alternative use or roadway design;
(B) public engagement activities to provide opportunities
for public input into a plan to remove and convert an eligible
facility; and
(C) other transportation planning activities required in
advance of a project to remove, retrofit, or mitigate an
existing eligible facility to restore community connectivity,
as determined by the Secretary.
(3) Technical assistance program.--
(A) In general.--The Secretary may provide technical
assistance described in subparagraph (B) to an eligible entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community capacity--
(i) to engage in transportation planning; and
(ii) to identify innovative solutions to infrastructure
challenges, including reconnecting communities that--
(I) are bifurcated by eligible facilities; or
(II) lack safe, reliable, and affordable
transportation choices.
(C) Priorities.--In selecting recipients of technical
assistance under subparagraph (A), the Secretary shall give
priority to an application from a community that is
economically disadvantaged.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants; and
(ii) technical assistance under paragraph (3); and
(B) evaluate applications for a planning grant on the basis
of the demonstration by the applicant that--
(i) the eligible facility is aged and is likely to need
replacement or significant reconstruction within the 20-
year period beginning on the date of the submission of the
application;
(ii) the eligible facility--
(I) creates barriers to mobility, access, or
economic development; or
(II) is not justified by current and forecast
future travel demand; and
(iii) on the basis of preliminary investigations into
the feasibility of removing, retrofitting, or mitigating
the eligible facility to restore community connectivity,
further investigation is necessary and likely to be
productive.
(5) Award amounts.--A planning grant may not exceed $2,000,000
per recipient.
(6) Federal share.--The total Federal share of the cost of a
planning activity for which a planning grant is used shall not
exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``capital construction grant'')
to the owner of an eligible facility to carry out an eligible
project described in paragraph (3) for which all necessary
feasibility studies and other planning activities have been
completed.
(2) Partnerships.--An owner of an eligible facility may, for
the purposes of submitting an application for a capital
construction grant, if applicable, partner with--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) Eligible projects.--A project eligible to be carried out
with a capital construction grant includes--
(A) the removal, retrofit, or mitigation of an eligible
facility; and
(B) the replacement of an eligible facility with a new
facility that--
(i) restores community connectivity; and
(ii) is--
(I) sensitive to the context of the surrounding
community; and
(II) otherwise eligible for funding under title 23,
United States Code.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction grants;
and
(B) evaluate applications on the basis of--
(i) the degree to which the project will improve
mobility and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting, or
mitigating the eligible facility, based on current traffic
patterns and the ability of the replacement facility and
the regional transportation network to absorb
transportation demand and provide safe mobility and access;
(iii) the impact of the project on freight movement;
(iv) the results of a cost-benefit analysis of the
project;
(v) the opportunities for inclusive economic
development;
(vi) the degree to which the eligible facility is out
of context with the current or planned land use;
(vii) the results of any feasibility study completed
for the project; and
(viii) the plan of the applicant for--
(I) employing residents in the area impacted by the
project through targeted hiring programs, in
partnership with registered apprenticeship programs, if
applicable; and
(II) contracting and subcontracting with
disadvantaged business enterprises.
(5) Minimum award amounts.--A capital construction grant shall
be in an amount not less than $5,000,000 per recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), a capital
construction grant may not exceed 50 percent of the total cost
of the project for which the grant is awarded.
(B) Maximum federal involvement.--Federal assistance other
than a capital construction grant may be used to satisfy the
non-Federal share of the cost of a project for which the grant
is awarded, except that the total Federal assistance provided
for a project for which the grant is awarded may not exceed 80
percent of the total cost of the project.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for which a
grant is awarded, a grant recipient may form a community
advisory board, which shall--
(i) facilitate community engagement with respect to the
project; and
(ii) track progress with respect to commitments of the
grant recipient to inclusive employment, contracting, and
economic development under the project.
(B) Membership.--If a grant recipient forms a community
advisory board under subparagraph (A), the community advisory
board shall be composed of representatives of--
(i) the community;
(ii) owners of businesses that serve the community;
(iii) labor organizations that represent workers that
serve the community; and
(iv) State and local government.
(e) Reports.--
(1) USDOT report on program.--Not later than January 1, 2026,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
evaluates the program under this section, including--
(A) information about the level of applicant interest in
planning grants, technical assistance under subsection (c)(3),
and capital construction grants, including the extent to which
overall demand exceeded available funds; and
(B) for recipients of capital construction grants, the
outcomes and impacts of the highway removal project,
including--
(i) any changes in the overall level of mobility,
congestion, access, and safety in the project area; and
(ii) environmental impacts and economic development
opportunities in the project area.
(2) GAO report on highway removals.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of
the United States shall issue a report that--
(A) identifies examples of projects to remove highways
using Federal highway funds;
(B) evaluates the effect of highway removal projects on the
surrounding area, including impacts to the local economy,
congestion effects, safety outcomes, and impacts on the
movement of freight and people;
(C) evaluates the existing Federal-aid program eligibility
under title 23, United States Code, for highway removal
projects;
(D) analyzes the costs and benefits of and barriers to
removing underutilized highways that are nearing the end of
their useful life compared to replacing or reconstructing the
highway; and
(E) provides recommendations for integrating those
assessments into transportation planning and decision-making
processes.
(f) Technical Assistance.--Of the funds made available to carry out
this section for planning grants, the Secretary may use not more than
$15,000,000 during the period of fiscal years 2022 through 2026 to
provide technical assistance under subsection (c)(3).
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``incident'' in section 3552 of title 44,
United States Code.
(3) Transportation authority.--The term ``transportation
authority'' means--
(A) a public authority (as defined in section 101(a) of
title 23, United States Code);
(B) an owner or operator of a highway (as defined in
section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product related to
transportation; and
(D) a division office of the Federal Highway
Administration.
(b) Cybersecurity Tool.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall develop a tool to
assist transportation authorities in identifying, detecting,
protecting against, responding to, and recovering from cyber
incidents.
(2) Requirements.--In developing the tool under paragraph (1),
the Administrator shall--
(A) use the cybersecurity framework established by the
National Institute of Standards and Technology and required by
Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739;
relating to improving critical infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment and
development program;
(C) coordinate with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(D) consult with appropriate transportation authorities,
operating agencies, industry stakeholders, and cybersecurity
experts; and
(E) provide for a period of public comment and review on
the tool.
(c) Designation of Cyber Coordinator.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall designate an office
as a ``cyber coordinator'', which shall be responsible for
monitoring, alerting, and advising transportation authorities of
cyber incidents.
(2) Requirements.--The office designated under paragraph (1)
shall, in coordination with the Transportation Security
Administration and the Cybersecurity and Infrastructure Security
Agency--
(A) provide to transportation authorities a secure method
of notifying the Federal Highway Administration of cyber
incidents;
(B) share the information collected under subparagraph (A)
with the Transportation Security Administration and the
Cybersecurity and Infrastructure Security Agency;
(C) monitor cyber incidents that affect transportation
authorities;
(D) alert transportation authorities to cyber incidents
that affect those transportation authorities;
(E) investigate unaddressed cyber incidents that affect
transportation authorities; and
(F) provide to transportation authorities educational
resources, outreach, and awareness on fundamental principles
and best practices in cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Emerging alternative fuel vehicle.--The term ``emerging
alternative fuel vehicle'' means a vehicle fueled by hydrogen,
natural gas, or propane.
(2) Emerging alternative fueling infrastructure.--The term
``emerging alternative fueling infrastructure'' means
infrastructure for fueling an emerging alternative fuel vehicle.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, to help guide future investments for emerging alternative
fueling infrastructure, the Secretary shall submit to Congress and make
publicly available a report that--
(1) includes an evaluation of emerging alternative fuel
vehicles and projections for potential locations of emerging
alternative fuel vehicle owners during the 5-year period beginning
on the date of submission of the report;
(2) identifies areas where emerging alternative fueling
infrastructure will be needed to meet the current and future needs
of drivers during the 5-year period beginning on the date of
submission of the report;
(3) identifies specific areas, such as a lack of pipeline
infrastructure, that may impede deployment and adoption of emerging
alternative fuel vehicles;
(4) includes a map that identifies concentrations of emerging
alternative fuel vehicles to meet the needs of current and future
emerging alternative fueling infrastructure;
(5) estimates the future need for emerging alternative fueling
infrastructure to support the adoption and use of emerging
alternative fuel vehicles; and
(6) includes a tool to allow States to compare and evaluate
different adoption and use scenarios for emerging alternative fuel
vehicles, with the ability to adjust factors to account for
regionally specific characteristics.
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
(a) Definitions.--In this section:
(1) Highway trust fund.--The term ``Highway Trust Fund'' means
the Highway Trust Fund established by section 9503(a) of the
Internal Revenue Code of 1986.
(2) Nonhighway recreational fuel taxes.--The term ``nonhighway
recreational fuel taxes'' means taxes under section 4041 and 4081
of the Internal Revenue Code of 1986 with respect to fuel used in
vehicles on recreational trails or back country terrain (including
vehicles registered for highway use when used on recreational
trails, trail access roads not eligible for funding under title 23,
United States Code, or back country terrain).
(3) Recreational trails program.--The term ``recreational
trails program'' means the recreational trails program under
section 206 of title 23, United States Code.
(b) Assessment; Report.--
(1) Assessment.--Not later than 1 year after the date of
enactment of this Act and not less frequently than once every 5
years thereafter, as determined by the Secretary, the Secretary
shall carry out an assessment of the best available estimate of the
total amount of nonhighway recreational fuel taxes received by the
Secretary of the Treasury and transferred to the Highway Trust Fund
for the period covered by the assessment.
(2) Report.--After carrying out each assessment under paragraph
(1), the Secretary shall submit to the Committees on Finance and
Environment and Public Works of the Senate and the Committees on
Ways and Means and Transportation and Infrastructure of the House
of Representatives a report that includes--
(A) to assist Congress in determining an appropriate
funding level for the recreational trails program--
(i) a description of the results of the assessment; and
(ii) an evaluation of whether the current recreational
trails program funding level reflects the amount of
nonhighway recreational fuel taxes collected and
transferred to the Highway Trust Fund; and
(B) in the case of the first report submitted under this
paragraph, an estimate of the frequency with which the
Secretary anticipates carrying out the assessment under
paragraph (1), subject to the condition that such an assessment
shall be carried out not less frequently than once every 5
years.
(c) Consultation.--In carrying out an assessment under subsection
(b)(1), the Secretary may consult with, as the Secretary determines to
be appropriate--
(1) the heads of--
(A) State agencies designated by Governors pursuant to
section 206(c)(1) of title 23, United States Code, to
administer the recreational trails program; and
(B) division offices of the Department;
(2) the Secretary of the Treasury;
(3) the Administrator of the Federal Highway Administration;
and
(4) groups representing recreational activities and interests,
including hiking, biking and mountain biking, horseback riding,
water trails, snowshoeing, cross-country skiing, snowmobiling, off-
highway motorcycling, all-terrain vehicles and other offroad
motorized vehicle activities, and recreational trail advocates.
SEC. 11513. BUY AMERICA.
Section 313 of title 23, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Waivers.--
``(1) In general.--Not less than 15 days before issuing a
waiver under this section, the Secretary shall provide to the
public--
``(A) notice of the proposed waiver;
``(B) an opportunity for comment on the proposed waiver;
and
``(C) the reasons for the proposed waiver.
``(2) Report.--Not less frequently than annually, the Secretary
shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the waivers provided
under this section.''.
SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
(a) High Priority Corridors.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2032; 133 Stat. 3018) is amended--
(1) by striking paragraph (84) and inserting the following:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway 338 in
Odessa, Texas, running eastward generally following Interstate
Route 20, connecting to Texas Highway 158 in the vicinity of
Midland, Texas, then following Texas Highway 158 eastward to
United States Route 87 and then following United States Route
87 southeastward, passing in the vicinity of San Angelo, Texas,
and connecting to United States Route 190 in the vicinity of
Brady, Texas;
``(B) commencing at the intersection of Interstate Route 10
and United States Route 190 in Pecos County, Texas, and
following United States Route 190 to Brady, Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood, Killeen,
Belton, Temple, Bryan, College Station, Huntsville, Livingston,
Woodville, and Jasper, to the logical terminus of Texas Highway
63 at the Sabine River Bridge at Burrs Crossing and including a
loop generally encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward from the
vicinity of Eden, Texas, to a logical connection to Interstate
Route 10 at Junction, Texas;
``(E) following United States Route 69 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State Highway 305,
and United States Route 385 from Interstate Route 10 in Pecos
County, Texas, to Interstate 20 at Odessa, Texas.''; and
(2) by adding at the end the following:
``(92) United States Route 421 from the interchange with
Interstate Route 85 in Greensboro, North Carolina, to the
interchange with Interstate Route 95 in Dunn, North Carolina.
``(93) The South Mississippi Corridor from the Louisiana and
Mississippi border near Natchez, Mississippi, to Gulfport,
Mississippi, shall generally follow--
``(A) United States Route 84 from the Louisiana border at
the Mississippi River passing in the vicinity of Natchez,
Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to
the logical terminus with Interstate Route 59 in the vicinity
of Laurel, Mississippi, and continuing on Interstate Route 59
south to the vicinity of Hattiesburg, Mississippi; and
``(B) United States Route 49 from the vicinity of
Hattiesburg, Mississippi, south to Interstate Route 10 in the
vicinity of Gulfport, Mississippi, following Mississippi Route
601 south and terminating near the Mississippi State Port at
Gulfport.
``(94) The Kosciusko to Gulf Coast corridor commencing at the
logical terminus of Interstate Route 55 near Vaiden, Mississippi,
running south and passing east of the vicinity of the Jackson
Urbanized Area, connecting to United States Route 49 north of
Hattiesburg, Mississippi, and generally following United States
Route 49 to a logical connection with Interstate Route 10 in the
vicinity of Gulfport, Mississippi.
``(95) The Interstate Route 22 spur from the vicinity of
Tupelo, Mississippi, running south generally along United States
Route 45 to the vicinity of Shannon, Mississippi.
``(96) The route that generally follows United States Route 412
from its intersection with Interstate Route 35 in Noble County,
Oklahoma, passing through Tulsa, Oklahoma, to its intersection with
Interstate Route 49 in Springdale, Arkansas.
``(97) The Louie B. Nunn Cumberland Expressway from the
interchange with Interstate Route 65 in Barren County, Kentucky,
east to the interchange with United States Highway 27 in Somerset,
Kentucky.
``(98) The route that generally follows State Route 7 from
Grenada, Mississippi, to Holly Springs, Mississippi, passing in the
vicinity of Coffeeville, Water Valley, Oxford, and Abbeville,
Mississippi, to its logical connection with Interstate Route 22 in
the vicinity of Holly Springs, Mississippi.
``(99) The Central Louisiana Corridor commencing at the logical
terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs
Crossing and generally following portions of Louisiana Highway 8 to
Leesville, Louisiana, and then eastward on Louisiana Highway 28,
passing in the vicinity of Alexandria, Pineville, Walters, and
Archie, to the logical terminus of United States Route 84 at the
Mississippi River Bridge at Vidalia, Louisiana.
``(100) The Central Mississippi Corridor, including the route--
``(A) commencing at the logical terminus of United States
Route 84 at the Mississippi River and then generally following
portions of United States Route 84 passing in the vicinity of
Natchez, Brookhaven, Monticello, Prentiss, and Collins, to
Interstate Route 59 in the vicinity of Laurel, Mississippi, and
continuing on Interstate Route 59 north to Interstate Route 20
and on Interstate Route 20 to the Mississippi-Alabama State
border; and
``(B) commencing in the vicinity of Laurel, Mississippi,
running south on Interstate Route 59 to United States Route 98
in the vicinity of Hattiesburg, connecting to United States
Route 49 south then following United States Route 49 south to
Interstate Route 10 in the vicinity of Gulfport and following
Mississippi Route 601 southerly terminating near the
Mississippi State Port at Gulfport.
``(101) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi border generally
following portions of I-20 until following a new interstate
extension paralleling United States Highway 80, specifically--
``(B) crossing Alabama Route 28 near Coatopa, Alabama,
traveling eastward crossing United States Highway 43 and
Alabama Route 69 near Selma, Alabama, traveling eastwards
closely paralleling United States Highway 80 to the south
crossing over Alabama Routes 22, 41, and 21, until its
intersection with I-65 near Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery Outer
Loop south of Montgomery, Alabama where it would next join with
I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near Opelika,
Alabama or United States Highway 80 near Tuskegee, Alabama;
``(E) generally following the most expedient route until
intersecting with existing United States Highway 80 (JR Allen
Parkway) through Phenix City until continuing into Columbus,
Georgia.
``(102) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border generally
following the Fall Line Freeway from Columbus, Georgia to
Augusta, Georgia, specifically--
``(B) travelling along United States Route 80 (JR Allen
Parkway) through Columbus, Georgia and near Fort Benning,
Georgia, east to Talbot County, Georgia where it would follow
Georgia Route 96, then commencing on Georgia Route 49C (Fort
Valley Bypass) to Georgia Route 49 (Peach Parkway) to its
intersection with Interstate Route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75 through
Warner Robins and Macon, Georgia where it would meet Interstate
Route 16, then following Interstate Route 16 east it would next
join United States Route 80 and then onto State Route 57;
``(D) commencing with State Route 57 which turns into State
Route 24 near Milledgeville, Georgia would then bypass Wrens,
Georgia with a newly constructed bypass, and after the bypass
it would join United States Route 1 near Fort Gordon into
Augusta, Georgia where it will terminate at Interstate Route
520.''.
(b) Designation as Future Interstates.--Section 1105(e)(5)(A) of
the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first
sentence--
(1) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(2) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A),
subsection (c)(94), subsection (c)(95), subsection (c)(96),
subsection (c)(97), subsection (c)(99), subsection (c)(100),
subsection (c)(101), and subsection (c)(102)''.
(c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
(1) by striking the fifteenth sentence and inserting the
following: ``The route referred to in subsection (c)(84)(A) is
designated as Interstate Route I-14 North. The route referred to in
subsection (c)(84)(B) is designated as Interstate Route I-14 South.
The Bryan/College Station, Texas loop referred to in subsection
(c)(84)(C) is designated as Interstate Route I-214.''; and
(2) by adding at the end the following: ``The route referred to
in subsection (c)(97) is designated as Interstate Route I-365. The
routes referred to in subsections (c)(84)(C), (c)(99), (c)(100),
(c)(101), and (c)(102) are designated as Interstate Route I-14. The
routes referred to in subparagraphs (D), (E), (F), and (G) of
subsection (c)(84) and subparagraph (B) of subsection (c)(100)
shall each be given separate Interstate route numbers.''.
(d) GAO Report on Designation of Segments as Part of Interstate
System.--
(1) Definition of applicable segment.--In this subsection, the
term ``applicable segment'' means the route described in paragraph
(92) of section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032).
(2) Report.--
(A) In general.--Not later than 2 years after the date on
which the applicable segment is open for operations as part of
the Interstate System, the Comptroller General of the United
States shall submit to Congress a report on the impact, if any,
during that 2-year period of allowing the continuation of
weight limits that applied before the designation of the
applicable segment as a route on the Interstate System.
(B) Requirements.--The report under subparagraph (A)
shall--
(i) be informed by the views and documentation provided
by the State highway agency (or equivalent agency) in the
State in which the applicable segment is located;
(ii) describe any impacts on safety and infrastructure
on the applicable segment;
(iii) describe any view of the State highway agency (or
equivalent agency) in the State in which the applicable
segment is located on the impact of the applicable segment;
and
(iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended--
(1) in subsection (l)(3)(A)--
(A) in the matter preceding clause (i), in the first
sentence, by striking ``clauses (i) through (iv) of this
subparagraph'' and inserting ``clauses (i) through (v)''; and
(B) by adding at the end the following:
``(v) The Louie B. Nunn Cumberland Expressway (to be
designated as a spur of Interstate Route 65) from the
interchange with Interstate Route 65 in Barren County,
Kentucky, east to the interchange with United States
Highway 27 in Somerset, Kentucky.''; and
(2) by adding at the end the following:
``(v) Operation of Vehicles on Certain North Carolina Highways.--If
any segment in the State of North Carolina of United States Route 17,
United States Route 29, United States Route 52, United States Route 64,
United States Route 70, United States Route 74, United States Route
117, United States Route 220, United States Route 264, or United States
Route 421 is designated as a route on the Interstate System, a vehicle
that could operate legally on that segment before the date of such
designation may continue to operate on that segment, without regard to
any requirement under subsection (a).
``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any
segment of the highway referred to in paragraph (96) of section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate
System, a vehicle that could operate legally on that segment before the
date of such designation may continue to operate on that segment,
without any regard to any requirement under this section.''.
SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report that evaluates the congestion mitigation and air quality
improvement program under section 149 of title 23, United States Code
(referred to in this section as the ``program''), to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
(b) Contents.--The evaluation under subsection (a) shall include an
evaluation of--
(1) the reductions of ozone, carbon monoxide, and particulate
matter that result from projects under the program;
(2) the cost-effectiveness of the reductions described in
paragraph (1);
(3) the result of investments of funding under the program in
minority and low-income communities that are disproportionately
affected by ozone, carbon monoxide, and particulate matter;
(4) the effectiveness, with respect to the attainment or
maintenance of national ambient air quality standards under section
109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon
monoxide, and particulate matter, of performance measures
established under section 150(c)(5) of title 23, United States
Code, and performance targets established under subsection (d) of
that section for traffic congestion and on-road mobile source
emissions;
(5) the extent to which there are any types of projects that
are not eligible funding under the program that would be likely to
contribute to the attainment or maintenance of the national ambient
air quality standards described in paragraph (4); and
(6) the extent to which projects under the program reduce
sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
(a) In General.--To the maximum extent practicable, the Secretary
shall develop a process for third party verification of full-scale
crash testing results from crash test labs, including a method for
formally verifying the testing outcomes and providing for an
independent pass/fail determination. In establishing such a process,
the Secretary shall seek to ensure the independence of crash test labs
by ensuring that those labs have a clear separation between device
development and testing in cases in which lab employees test devices
that were developed within the parent organization of the employee.
(b) Continued Issuance of Eligibility Letters.--Until the
implementation of the process described in subsection (a) is complete,
the Secretary may, and is encouraged to, ensure that the Administrator
of the Federal Highway Administration continues to issue Federal-aid
reimbursement eligibility letters for roadside safety hardware as a
service to States.
(c) Report to Congress.--
(1) In general.--If the Secretary seeks to discontinue issuing
the letters described in subsection (b), the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report at least 1 year before discontinuing the
letters.
(2) Inclusions.--The report described in paragraph (1) shall
include a summary of the third-party verification process described
in subsection (a) that will replace the Federal Highway
Administration issuance of eligibility letters and any other
relevant information that the Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall carry out a study--
(1) to gather existing information on the effects of permeable
pavements on flood control in different contexts, including in
urban areas, and over the lifetime of the permeable pavement;
(2) to perform research to fill gaps in the existing
information gathered under paragraph (1); and
(3) to develop--
(A) models for the performance of permeable pavements in
flood control; and
(B) best practices for designing permeable pavement to meet
flood control requirements.
(b) Data Survey.--In carrying out the study under subsection (a),
the Secretary shall develop--
(1) a summary, based on available literature and models, of
localized flood control capabilities of permeable pavement that
considers long-term performance and cost information; and
(2) best practices for the design of localized flood control
using permeable pavement that considers long-term performance and
cost information.
(c) Publication.--The Secretary shall make a report describing the
results of the study under subsection (a) publicly available.
SEC. 11519. EMERGENCY RELIEF PROJECTS.
(a) Definition of Emergency Relief Project.--In this section, the
term ``emergency relief project'' means a project carried out under the
emergency relief program under section 125 of title 23, United States
Code.
(b) Improving the Emergency Relief Program.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall--
(1) revise the emergency relief manual of the Federal Highway
Administration--
(A) to include and reflect the definition of the term
``resilience'' (as defined in section 101(a) of title 23,
United States Code);
(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects; and
(C) to encourage the use of Complete Streets design
principles and consideration of access for moderate- and low-
income families impacted by a declared disaster;
(2) develop best practices for improving the use of resilience
in--
(A) the emergency relief program under section 125 of title
23, United States Code; and
(B) emergency relief efforts;
(3) provide to division offices of the Federal Highway
Administration and State departments of transportation information
on the best practices developed under paragraph (2); and
(4) develop and implement a process to track--
(A) the consideration of resilience as part of the
emergency relief program under section 125 of title 23, United
States Code; and
(B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary and the Administrator of the Environment
Protection Agency shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study--
(1) to estimate pollutant loads from stormwater runoff from
highways and pedestrian facilities eligible for assistance under
title 23, United States Code, to inform the development of
appropriate total maximum daily load (as defined in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations)) requirements;
(2) to provide recommendations regarding the evaluation and
selection by State departments of transportation of potential
stormwater management and total maximum daily load compliance
strategies within a watershed, including environmental restoration
and pollution abatement carried out under section 328 of title 23,
United States Code (including any revisions to law (including
regulations) that the Transportation Research Board determines to
be appropriate); and
(3) to examine the potential for the Secretary to assist State
departments of transportation in carrying out and communicating
stormwater management practices for highways and pedestrian
facilities that are eligible for assistance under title 23, United
States Code, through information-sharing agreements, database
assistance, or an administrative platform to provide the
information described in paragraphs (1) and (2) to entities issued
permits under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(b) Requirements.--If the Transportation Research Board enters into
an agreement under subsection (a), in conducting the study under that
subsection, the Transportation Research Board shall--
(1) review and supplement, as appropriate, the methodologies
examined and recommended in the report of the National Academies of
Sciences, Engineering, and Medicine entitled ``Approaches for
Determining and Complying with TMDL Requirements Related to Roadway
Stormwater Runoff'' and dated 2019;
(2) consult with--
(A) the Secretary;
(B) the Administrator of the Environmental Protection
Agency;
(C) the Secretary of the Army, acting through the Chief of
Engineers; and
(D) State departments of transportation; and
(3) solicit input from--
(A) stakeholders with experience in implementing stormwater
management practices for projects; and
(B) educational and technical stormwater management groups.
(c) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
of enactment of this Act, the Transportation Research Board shall
submit to the Secretary, the Committee on Environment and Public Works
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing the results of the
study.
SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Best management practices report.--The term ``best
management practices report'' means--
(A) the 2014 report sponsored by the Administrator entitled
``Determining the State of the Practice in Data Collection and
Performance Measurement of Stormwater Best Management
Practices''; and
(B) the 1997 report sponsored by the Administrator entitled
``Stormwater Best Management Practices in an Ultra-Urban
Setting: Selection and Monitoring''.
(b) Reissuance.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall update and reissue each best
management practices report to reflect new information and advancements
in stormwater management.
(c) Updates.--Not less frequently than once every 5 years after the
date on which the Administrator reissues a best management practices
report described in subsection (b), the Administrator shall update and
reissue the best management practices report until the earlier of the
date on which--
(1) the best management practices report is withdrawn; or
(2) the contents of the best management practices report are
incorporated (including by reference) into applicable regulations
of the Administrator.
SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Invasive plant.--The term ``invasive plant'' means a
nonnative plant, tree, grass, or weed species, including, at a
minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle,
phragmites, autumn olive, Bradford pear, wild parsnip, sericea
lespedeza, spotted knapweed, garlic mustard, and palmer amaranth.
(2) Program.--The term ``program'' means the grant program
established under subsection (b).
(3) Transportation corridor.--The term ``transportation
corridor'' means a road, highway, railroad, or other surface
transportation route.
(b) Establishment.--The Secretary shall carry out a program to
provide grants to States to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new invasive
plants along and in areas adjacent to transportation corridor rights-
of-way.
(c) Application.--To be eligible to receive a grant under the
program, a State shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Eligible Activities.--
(1) In general.--Subject to this subsection, a State that
receives a grant under the program may use the grant funds to carry
out activities to eliminate or control existing invasive plants or
prevent introduction of or encroachment by new invasive plants
along and in areas adjacent to transportation corridor rights-of-
way.
(2) Prioritization of projects.--In carrying out the program,
the Secretary shall give priority to projects that utilize
revegetation with native plants and wildflowers, including those
that are pollinator-friendly.
(3) Prohibition on certain uses of funds.--Amounts provided to
a State under the program may not be used for costs relating to
mowing a transportation corridor right-of-way or the adjacent area
unless--
(A) mowing is identified as the best means of treatment
according to best management practices; or
(B) mowing is used in conjunction with another treatment.
(4) Limitation.--Not more than 10 percent of the amounts
provided to a State under the program may be used for the purchase
of equipment.
(5) Administrative and indirect costs.--Not more than 5 percent
of the amounts provided to a State under the program may be used
for the administrative and other indirect costs (such as full time
employee salaries, rent, insurance, subscriptions, utilities, and
office supplies) of carrying out eligible activities.
(e) Requirements.--
(1) Coordination.--In carrying out eligible activities with a
grant under the program, a State shall coordinate with--
(A) units of local government, political subdivisions of
the State, and Tribal authorities that are carrying out
eligible activities in the areas to be treated;
(B) local regulatory authorities, in the case of a
treatment along or adjacent to a railroad right-of-way; and
(C) with respect to the most effective roadside control
methods, State and Federal land management agencies and any
relevant Tribal authorities.
(2) Annual report.--Not later than 1 year after the date on
which a State receives a grant under the program, and annually
thereafter, that State shall provide to the Secretary an annual
report on the treatments carried out using funds from the grant.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of an eligible
activity carried out using funds from a grant under the program
shall be--
(A) in the case of a project that utilizes revegetation
with native plants and wildflowers, including those that are
pollinator-friendly, 75 percent; and
(B) in the case of any other project not described in
subparagraph (A), 50 percent.
(2) Certain funds counted toward non-federal share.--A State
may include amounts expended by the State or a unit of local
government in the State to address current invasive plant
populations and prevent future infestation along or in areas
adjacent to transportation corridor rights-of-way in calculating
the non-Federal share required under the program.
(g) Funding.--There is authorized to be appropriated to carry out
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
Section 129(a) of title 23, United States Code, is amended--
(1) in paragraph (3)(B)(i), by inserting ``, together with the
results of the audit under paragraph (9)(C),'' after ``the
audits''; and
(2) in paragraph (9)--
(A) by striking ``An over-the-road'' and inserting the
following:
``(A) In general.--An over-the-road'';
(B) in subparagraph (A) (as so designated), by striking
``public transportation buses'' and inserting ``public
transportation vehicles''; and
(C) by adding at the end the following:
``(B) Reports.--
``(i) In general.--Not later than 90 days after the
date of enactment of this subparagraph, a public authority
that operates a toll facility shall report to the Secretary
any rates, terms, or conditions for access to the toll
facility by public transportation vehicles that differ from
the rates, terms, or conditions applicable to over-the-road
buses.
``(ii) Updates.--A public authority that operates a
toll facility shall report to the Secretary any change to
the rates, terms, or conditions for access to the toll
facility by public transportation vehicles that differ from
the rates, terms, or conditions applicable to over-the-road
buses by not later than 30 days after the date on which the
change takes effect.
``(iii) Publication.--The Secretary shall publish
information reported to the Secretary under clauses (i) and
(ii) on a publicly accessible internet website.
``(C) Annual audit.--
``(i) In general.--A public authority (as defined in
section 101(a)) with jurisdiction over a toll facility
shall--
``(I) conduct or have an independent auditor
conduct an annual audit of toll facility records to
verify compliance with this paragraph; and
``(II) report the results of the audit, together
with the results of the audit under paragraph (3)(B),
to the Secretary.
``(ii) Records.--After providing reasonable notice, a
public authority described in clause (i) shall make all
records of the public authority pertaining to the toll
facility available for audit by the Secretary.
``(iii) Noncompliance.--If the Secretary determines
that a public authority described in clause (i) has not
complied with this paragraph, the Secretary may require the
public authority to discontinue collecting tolls until an
agreement with the Secretary is reached to achieve
compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.
(a) Condition of NHS Bridges.--Section 119(f)(2) of title 23,
United States Code, is amended by striking ``structurally deficient''
each place it appears and inserting ``in poor condition''.
(b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of
title 23, United States Code, is amended by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition''.
(c) Tribal Transportation Facility Bridges.--Section 202(d) of
title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``deficient bridges eligible
for the tribal transportation program'' and inserting ``bridges
eligible for the tribal transportation program classified as in
poor condition, having low load capacity, or needing geometric
improvements''; and
(2) in paragraph (3)(C), by striking ``structurally deficient
or functionally obsolete'' and inserting ``classified as in poor
condition, having a low load capacity, or needing geometric
improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.
(a) Section 101(b)(1) of title 23, United States Code, is amended
by inserting ``Highways'' after ``and Defense''.
(b) Section 104(f)(3) of title 23, United States Code, is amended--
(1) in the paragraph heading, by striking ``federal highway
administration'' and inserting ``an operating administration of the
department of transportation''; and
(2) in subparagraph (A), by striking ``the Federal Highway
Administration'' and inserting ``an operating administration of the
Department of Transportation''.
(c) Section 108(c)(3)(F) of title 23, United States Code, is
amended--
(1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after
``Policy Act''; and
(2) by striking ``this Act'' and inserting ``this title''.
(d) Section 112(b)(2) of title 23, United States Code, is amended
by striking ``(F) (F) Subparagraphs'' and inserting the following:
``(F) Exclusion.--Subparagraphs''.
(e) Section 115(c) of title 23, United States Code, is amended by
striking ``section 135(f)'' and inserting ``section 135(g)''.
(f) Section 130(g) of title 23, United States Code, is amended--
(1) in the third sentence--
(A) by striking ``and Transportation,'' and inserting ``and
Transportation''; and
(B) by striking ``thereafter,,'' and inserting
``thereafter,''; and
(2) in the fifth sentence, by striking ``railroad highway'' and
inserting ``railway-highway''.
(g) Section 135(g) of title 23, United States Code, is amended--
(1) in paragraph (3), by striking ``operators),,'' and
inserting ``operators),''; and
(2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and
5317'' and inserting ``5310 and 5311''.
(h) Section 139 of title 23, United States Code (as amended by
section 11301), is amended--
(1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'';
(2) in subsection (c), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'' each place it appears; and
(3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969''.
(i) Section 140(a) of title 23, United States Code, is amended, in
the third sentence, by inserting a comma after ``Secretary''.
(j) Section 148(i)(2)(D) of title 23, United States Code, is
amended by striking ``safety safety'' and inserting ``safety''.
(k) Section 166(a)(1) of title 23, United States Code, is amended
by striking the paragraph designation and heading and all that follows
through ``A public authority'' and inserting the following:
``(1) Authority of public authorities.--A public authority''.
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25
U.S.C. 5301 et seq.)''.
(m) Section 202 of title 23, United States Code, is amended--
(1) by striking ``(25 U.S.C. 450 et seq.)'' each place it
appears and inserting ``(25 U.S.C. 5301 et seq.)'';
(2) in subsection (a)(10)(B), by striking ``(25 U.S.C.
450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
(3) in subsection (b)(5), in the matter preceding subparagraph
(A), by inserting ``the'' after ``agreement under''.
(n) Section 206(d)(2)(G) of title 23, United States Code, is
amended by striking ``use of recreational trails'' and inserting ``uses
of recreational trails''.
(o) Section 207 of title 23, United States Code, is amended--
(1) in subsection (g)--
(A) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25
U.S.C. 5325)''; and
(B) by striking ``(25 U.S.C. 450j-1(f))'' and inserting
``(25 U.S.C. 5325(f))'';
(2) in subsection (l)--
(A) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)''
and inserting ``(25 U.S.C. 5386)'';
(B) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)''
and inserting ``(25 U.S.C. 5387)'';
(C) in paragraph (3), by striking ``(25 U.S.C. 458aaa-7)''
and inserting ``(25 U.S.C. 5388)'';
(D) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)''
and inserting ``(25 U.S.C. 5390)'';
(E) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)''
and inserting ``(25 U.S.C. 5391)'';
(F) in paragraph (6), by striking ``(25 U.S.C. 458aaa-11)''
and inserting ``(25 U.S.C. 5392)'';
(G) in paragraph (7), by striking ``(25 U.S.C. 458aaa-14)''
and inserting ``(25 U.S.C. 5395)'';
(H) in paragraph (8), by striking ``(25 U.S.C. 458aaa-15)''
and inserting ``(25 U.S.C. 5396)''; and
(I) in paragraph (9), by striking ``(25 U.S.C. 458aaa-17)''
and inserting ``(25 U.S.C. 5398)''; and
(3) in subsection (m)(2)--
(A) by striking ``505'' and inserting ``501''; and
(B) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting
``(25 U.S.C. 5304; 5381)''.
(p) Section 217(d) of title 23, United States Code, is amended by
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
(q) Section 323(d) of title 23, United States Code, is amended in
the matter preceding paragraph (1), in the second sentence, by
inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(r) Section 325 of title 23, United States Code, is repealed.
(s) Section 504(g)(6) of title 23, United States Code, is amended
by striking ``make grants or to'' and inserting ``make grants to''.
(t) The analysis for chapter 3 of title 23, United States Code, is
amended by striking the item relating to section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
(a) Definitions.--In this section:
(1) Covered resource.--The term ``covered resource'' means a
common variety material used in transportation infrastructure
construction and maintenance, including stone, sand, and gravel.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or possession
of the United States.
(3) Working group.--The term ``Working Group'' means the
working group established under subsection (b).
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish a working group to
conduct a study on access to covered resources for infrastructure
projects.
(c) Membership.--
(1) Appointment.--The Secretary shall appoint to the Working
Group individuals with knowledge and expertise in the production
and transportation of covered resources.
(2) Representation.--The Working Group shall include not less
than 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including small
business operators and operators who transport covered
resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes, including Tribal elected leadership or
Tribal transportation officials.
(J) Any other stakeholders that the Secretary determines
appropriate.
(3) Termination.--The Working Group shall terminate 180 days
after the date on which the Secretary receives the report under
subsection (f)(1).
(d) Duties.--In carrying out the study required under subsection
(b), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of those projects;
(3) whether and how State, Tribal, and local transportation and
planning agencies consider covered resources when developing
transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(e) Consultation.--In carrying out the study required under
subsection (b), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies, including
State agencies associated with covered resources protection;
(4) members of the public with industry experience with respect
to covered resources;
(5) other Federal entities that provide funding for
transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(f) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working Group
shall submit to the Secretary a report that includes--
(A) the findings of the study required under subsection
(b), including a summary of comments received during the
consultation process under subsection (e); and
(B) any recommendations to preserve access to and reduce
the costs and environmental impacts of covered resources for
infrastructure projects.
(2) Departmental report.--Not later than 90 days after the date
on which the Secretary receives the report under paragraph (1), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a summary of the
findings under the report and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.
Section 166(b) of title 23, United States Code, is amended by
adding at the end the following:
``(6) Blood transport vehicles.--The public authority may allow
blood transport vehicles that are transporting blood between a
collection point and a hospital or storage center to use the HOV
facility if the public authority establishes requirements for
clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY
RIGHTS-OF-WAY.
(a) In General.--Chapter 3 of title 23, United States Code (as
amended by section 11309(a)), is amended by adding at the end the
following:
``Sec. 332. Pollinator-friendly practices on roadsides and highway
rights-of-way
``(a) In General.--The Secretary shall establish a program to
provide grants to eligible entities to carry out activities to benefit
pollinators on roadsides and highway rights-of-way, including the
planting and seeding of native, locally-appropriate grasses and
wildflowers, including milkweed.
``(b) Eligible Entities.--An entity eligible to receive a grant
under this section is--
``(1) a State department of transportation;
``(2) an Indian tribe; or
``(3) a Federal land management agency.
``(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a pollinator-
friendly practices plan described in subsection (d).
``(d) Pollinator-friendly Practices Plan.--
``(1) In general.--An eligible entity shall include in the
application under subsection (c) a plan that describes the
pollinator-friendly practices that the eligible entity has
implemented or plans to implement, including--
``(A) practices relating to mowing strategies that promote
early successional vegetation and limit disturbance during
periods of highest use by target pollinator species on
roadsides and highway rights-of-way, such as--
``(i) reducing the mowing swath outside of the State-
designated safety zone;
``(ii) increasing the mowing height;
``(iii) reducing the mowing frequency;
``(iv) refraining from mowing monarch and other
pollinator habitat during periods in which monarchs or
other pollinators are present;
``(v) use of a flushing bar and cutting at reduced
speeds to reduce pollinator deaths due to mowing; or
``(vi) reducing raking along roadsides and highway
rights-of-way;
``(B) implementation of an integrated vegetation management
plan that includes approaches such as mechanical tree and brush
removal, targeted and judicious use of herbicides, and mowing,
to address weed issues on roadsides and highway rights-of-way;
``(C) planting or seeding of native, locally-appropriate
grasses and wildflowers, including milkweed, on roadsides and
highway rights-of-way to enhance pollinator habitat, including
larval host plants;
``(D) removing nonnative grasses from planting and seeding
mixes, except for use as nurse or cover crops;
``(E) obtaining expert training or assistance on
pollinator-friendly practices, including--
``(i) native plant identification;
``(ii) establishment and management of locally-
appropriate native plants that benefit pollinators;
``(iii) land management practices that benefit
pollinators; and
``(iv) pollinator-focused integrated vegetation
management; or
``(F) any other pollinator-friendly practices the Secretary
determines to be appropriate.
``(2) Coordination.--In developing a plan under paragraph (1),
an eligible entity that is a State department of transportation or
a Federal land management agency shall coordinate with applicable
State agencies, including State agencies with jurisdiction over
agriculture and fish and wildlife.
``(3) Consultation.--In developing a plan under paragraph (1)--
``(A) an eligible entity that is a State department of
transportation or a Federal land management agency shall
consult with affected or interested Indian tribes; and
``(B) any eligible entity may consult with nonprofit
organizations, institutions of higher education, metropolitan
planning organizations, and any other relevant entities.
``(e) Award of Grants.--
``(1) In general.--The Secretary shall provide a grant to each
eligible entity that submits an application under subsection (c),
including a plan under subsection (d), that the Secretary
determines to be satisfactory.
``(2) Amount of grants.--The amount of a grant under this
section--
``(A) shall be based on the number of pollinator-friendly
practices the eligible entity has implemented or plans to
implement; and
``(B) shall not exceed $150,000.
``(f) Use of Funds.--An eligible entity that receives a grant under
this section shall use the funds for the implementation, improvement,
or further development of the plan under subsection (d).
``(g) Federal Share.--The Federal share of the cost of an activity
carried out with a grant under this section shall be 100 percent.
``(h) Best Practices.--The Secretary shall develop and make
available to eligible entities best practices for, and a priority
ranking of, pollinator-friendly practices on roadsides and highway
rights-of-way.
``(i) Technical Assistance.--On request of an eligible entity that
receives a grant under this section, the Secretary shall provide
technical assistance with the implementation, improvement, or further
development of a plan under subsection (d).
``(j) Administrative Costs.--For each fiscal year, the Secretary
may use not more than 2 percent of the amounts made available to carry
out this section for the administrative costs of carrying out this
section.
``(k) Report.--Not later than 1 year after the date on which the
first grant is provided under this section, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the implementation of the program under
this section.
``(l) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2022
through 2026.
``(2) Availability.--Amounts made available under this section
shall remain available for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code (as amended by section 11309(b)), is amended by
adding at the end the following:
``332. Pollinator-friendly practices on roadsides and highway rights-of-
way.''.
SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall carry out an active transportation infrastructure
investment program to make grants, on a competitive basis, to eligible
organizations to construct eligible projects to provide safe and
connected active transportation facilities in an active transportation
network or active transportation spine.
(b) Application.--
(1) In general.--To be eligible to receive a grant under this
section, an eligible organization shall submit to the Secretary an
application in such manner and containing such information as the
Secretary may require.
(2) Eligible projects partially on federal land.--With respect
to an application for an eligible project that is located in part
on Federal land, an eligible organization shall enter into a
cooperative agreement with the appropriate Federal agency with
jurisdiction over such land to submit an application described in
paragraph (1).
(c) Application Considerations.--In making a grant for construction
of an active transportation network or active transportation spine
under this section, the Secretary shall consider the following:
(1) Whether the eligible organization submitted a plan for an
eligible project for the development of walking and bicycling
infrastructure that is likely to provide substantial additional
opportunities for walking and bicycling, including effective
plans--
(A) to create an active transportation network connecting
destinations within or between communities, including schools,
workplaces, residences, businesses, recreation areas, and other
community areas, or create an active transportation spine
connecting two or more communities, metropolitan regions, or
States; and
(B) to integrate active transportation facilities with
transit services, where available, to improve access to public
transportation.
(2) Whether the eligible organization demonstrates broad
community support through--
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the success and
timely implementation of an eligible project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial incentives, or
community design policies that facilitate significant increases in
walking and bicycling.
(4) The extent to which the eligible organization demonstrates
commitment of State, local, or eligible Federal matching funds, and
land or in-kind contributions, in addition to the local match
required under subsection (f)(1), unless the applicant qualifies
for an exception under subsection (f)(2).
(5) The extent to which the eligible organization demonstrates
that the grant will address existing disparities in bicyclist and
pedestrian fatality rates based on race or income level or provide
access to jobs and services for low-income communities and
disadvantaged communities.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key
destinations, economic competitiveness, environmental protection,
and quality of life.
(d) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section and subject to paragraphs (2) and (3), the Secretary
shall obligate--
(A) not less than 30 percent to eligible projects that
construct active transportation networks that connect people
with public transportation, businesses, workplaces, schools,
residences, recreation areas, and other community activity
centers; and
(B) not less than 30 percent to eligible projects that
construct active transportation spines.
(2) Planning and design grants.--Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning grants
for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) Administrative costs.--Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of
administration, research, technical assistance, communications, and
training activities under the program.
(4) Limitation on statutory construction.--Nothing in this
subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States Code.
(e) Grant Timing.--
(1) Request for application.--Not later than 30 days after
funds are made available to carry out this section for a fiscal
year, the Secretary shall publish in the Federal Register a request
for applications for grants under this section for that fiscal
year.
(2) Selection of grant recipients.--Not later than 150 days
after funds are made available to carry out this section for a
fiscal year, the Secretary shall select grant recipients of grants
under this section for that fiscal year.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out using
a grant under this section shall not exceed 80 percent of the total
project cost.
(2) Exception for disadvantaged communities.--For eligible
projects serving communities with a poverty rate of over 40 percent
based on the majority of census tracts served by the eligible
project, the Secretary may increase the Federal share of the cost
of the eligible project up to 100 percent of the total project
cost.
(g) Assistance to Indian Tribes.--In carrying out this section, the
Secretary may enter into grant agreements, self-determination
contracts, and self-governance compacts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)
with Indian tribes that are eligible organizations, and such
agreements, contracts, and compacts shall be administered in accordance
with that Act.
(h) Reports.--
(1) Interim report.--Not later than September 30, 2024, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(2) Final report.--Not later than September 30, 2026, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(3) Report information.--A report submitted under this
subsection shall contain the following, with respect to the period
covered by the applicable report:
(A) A list of grants made under this section.
(B) Best practices of eligible organizations that receive
grants under this section in implementing eligible projects.
(C) Impediments experienced by eligible organizations that
receive grants under this section in developing and shifting to
active transportation.
(i) Rule Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule that
encourages the use of the programmatic categorical exclusion, expedited
procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are
small, low-impact, and constructed within an existing built
environment.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Secretary to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.
(2) Availability.--The amounts made available to carry out this
section shall remain available until expended.
(k) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
(l) Definitions.--In this section:
(1) Active transportation.--The term ``active transportation''
means mobility options powered primarily by human energy, including
bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails, that connect between destinations within a
community or metropolitan region.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails that connect between communities, metropolitan
regions, or States.
(4) Community.--The term ``community'' means a geographic area
that is socioeconomically interdependent and may include rural,
suburban, and urban jurisdictions.
(5) Eligible organization.--The term ``eligible organization''
means--
(A) a local or regional governmental organization,
including a metropolitan planning organization or regional
planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) Eligible project.--The term ``eligible project'' means an
active transportation project or group of projects--
(A) within or between a community or group of communities,
at least one of which falls within the jurisdiction of an
eligible organization, which has submitted an application under
this section; and
(B) that has--
(i) a total cost of not less than $15,000,000; or
(ii) with respect to planning and design grants,
planning and design costs of not less than $100,000.
(7) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(8) Total project cost.--The term ``total project cost'' means
the sum total of all costs incurred in the development of an
eligible project that are approved by the Secretary as reasonable
and necessary, including--
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or notes;
(D) fees in connection with the planning, execution, and
financing of the eligible project;
(E) the cost of studies, surveys, plans, permits,
insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation,
reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to the
safety of users of any bicycle or pedestrian network or spine
constructed as part of an eligible project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Secretary, in coordination with State departments of
transportation, shall carry out a highway cost allocation study to
determine the direct costs of highway use by various types of users.
(b) Inclusions.--The study under subsection (a) shall include an
examination of--
(1) the Federal costs occasioned in the design, construction,
rehabilitation, and maintenance of Federal-aid highways by--
(A) the use of vehicles of different dimensions, weights,
number of axles, and other specifications; and
(B) the frequency of those vehicles in the traffic stream;
(2) the safety-, emissions-, congestion-, and noise-related
costs of highway use by various types of users, and other costs as
determined by the Secretary; and
(3) the proportionate share of the costs described in paragraph
(1) that are attributable to each class of highway users.
(c) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) ensure that the study examines only direct costs of highway
use;
(2) capture the various driving conditions in different
geographic areas of the United States;
(3) to the maximum extent practicable, distinguish between
costs directly occasioned by a highway user class and costs
occasioned by all highway user classes; and
(4) compare the costs occasioned by various highway user
classes with the user fee revenue contributed to the Highway Trust
Fund by those highway user classes.
(d) Reports.--
(1) Interim reports.--Not less frequently than annually during
the period during which the Secretary is carrying out the study
under subsection (a), the Secretary shall submit to Congress an
interim report on the progress of the study.
(2) Final report.--On completion of the study under subsection
(a), the Secretary shall submit to Congress a final report on the
results of the study, including the recommendations under
subsection (e).
(e) Recommendations.--On completion of the study under subsection
(a), the Secretary, in coordination with the Secretary of the Treasury,
shall develop recommendations for a set of revenue options to fully
cover the costs occasioned by highway users, including recommendations
for--
(1) changes to existing revenue streams; and
(2) new revenue streams based on user fees.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States Code,
is amended--
(1) in subparagraph (E) of paragraph (10), by striking ``3
years'' and inserting ``5 years''; and
(2) in paragraph (12)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) a project to improve or construct public
infrastructure--
``(i) that--
``(I) is located within walking distance of, and
accessible to, a fixed guideway transit facility,
passenger rail station, intercity bus station, or
intermodal facility, including a transportation, public
utility, or capital project described in section
5302(3)(G)(v) of title 49, and related infrastructure;
or
``(II) is a project for economic development,
including commercial and residential development, and
related infrastructure and activities--
``(aa) that incorporates private investment;
``(bb) that is physically or functionally
related to a passenger rail station or multimodal
station that includes rail service;
``(cc) for which the project sponsor has a high
probability of commencing the contracting process
for construction by not later than 90 days after
the date on which credit assistance under the TIFIA
program is provided for the project; and
``(dd) that has a high probability of reducing
the need for financial assistance under any other
Federal program for the relevant passenger rail
station or service by increasing ridership, tenant
lease payments, or other activities that generate
revenue exceeding costs; and
``(ii) for which, by not later than September 30, 2026,
the Secretary has--
``(I) received a letter of interest; and
``(II) determined that the project is eligible for
assistance;'';
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(G) an eligible airport-related project (as defined in
section 40117(a) of title 49) for which, not later than
September 30, 2025, the Secretary has--
``(i) received a letter of interest; and
``(ii) determined that the project is eligible for
assistance; and
``(H) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of the
Interior pursuant to section 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1539); and
``(ii) in the judgment of the Secretary, would mitigate
the environmental impacts of transportation infrastructure
projects otherwise eligible for assistance under this
title.''.
(b) Eligibility.--Section 602(a)(2) of title 23, United States
Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an investment-
grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting ``senior
debt''; and
(B) by striking ``credit instrument is for an amount less
than $75,000,000'' and inserting ``total amount of other senior
debt and the Federal credit instrument is less than
$150,000,000''.
(c) Federal Requirements.--Section 602(c)(1) of title 23, United
States Code, is amended in the matter preceding subparagraph (A) by
striking ``and the requirements of section 5333(a) of title 49 for rail
projects,'' and inserting ``the requirements of section 5333(a) of
title 49 for rail projects, and the requirements of sections 47112(b)
and 50101 of title 49 for airport-related projects,''.
(d) Processing Timelines.--Section 602(d) of title 23, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(2) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraph (2)''; and
(3) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Processing timelines.--Except in the case of an
application described in subsection (a)(8) and to the maximum
extent practicable, the Secretary shall provide an applicant with a
specific estimate of the timeline for the approval or disapproval
of the application of the applicant, which, to the maximum extent
practicable, the Secretary shall endeavor to complete by not later
than 150 days after the date on which the applicant submits a
letter of interest to the Secretary.''.
(e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of
title 23, United States Code, is amended--
(1) in subparagraph (A), in the matter preceding clause (i), by
striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following:
``(C) Long lived assets.--In the case of a capital asset
with an estimated life of more than 50 years, the final
maturity date of the secured loan shall be the lesser of--
``(i) 75 years after the date of substantial completion
of the project; or
``(ii) 75 percent of the estimated useful life of the
capital asset.''.
(f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States
Code, is amended--
(1) by striking ``Any excess'' and inserting the following:
``(i) In general.--Except as provided in clause (ii),
any excess''; and
(2) by adding at the end the following:
``(ii) Certain applicants.--In the case of a secured
loan or other secured Federal credit instrument provided
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, if the obligor is a
governmental entity, agency, or instrumentality, the
obligor shall not be required to prepay the secured loan or
other secured Federal credit instrument with any excess
revenues described in clause (i) if the obligor enters into
an agreement to use those excess revenues only for purposes
authorized under this title or title 49.''.
(g) Technical Amendment.--Section 602(e) of title 23, United States
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting
``section 601(a)(2)(A)''.
(h) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Secretary shall implement
an expedited decision timeline for public agency borrowers
seeking secured loans that meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and conditions
that substantially conform to the conventional terms and
conditions established by the National Surface
Transportation Innovative Finance Bureau.
``(ii) The secured loan is rated in the A category or
higher.
``(iii) The TIFIA program share of eligible project
costs is 33 percent or less.
``(iv) The applicant demonstrates a reasonable
expectation that the contracting process for the project
can commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a categorical exclusion,
a finding of no significant impact, or a record of decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide to an
applicant seeking a secured loan under the expedited decision
process under this paragraph a written notice informing the
applicant whether the Secretary has approved or disapproved the
application by not later than 180 days after the date on which
the Secretary submits to the applicant a letter indicating that
the National Surface Transportation Innovative Finance Bureau
has commenced the creditworthiness review of the project.''.
(i) Funding.--
(1) In general.--Section 608(a) of title 23, United States
Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Limitation for certain projects.--
``(A) Transit-oriented development projects.--For each
fiscal year, the Secretary may use to carry out projects
described in section 601(a)(12)(E) not more than 15 percent of
the amounts made available to carry out the TIFIA program for
that fiscal year.
``(B) Airport-related projects.--The Secretary may use to
carry out projects described in section 601(a)(12)(G)--
``(i) for each fiscal year, not more than 15 percent of
the amounts made available to carry out the TIFIA program
under the Surface Transportation Reauthorization Act of
2021 for that fiscal year; and
``(ii) for the period of fiscal years 2022 through
2026, not more than 15 percent of the unobligated carryover
balances (as of October 1, 2021).''; and
(C) by striking paragraph (6) (as so redesignated) and
inserting the following:
``(6) Administrative costs.--Of the amounts made available to
carry out the TIFIA program, the Secretary may use not more than
$10,000,000 for each of fiscal years 2022 through 2026 for the
administration of the TIFIA program.''.
(2) Conforming amendment.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``section 608(a)(5)''
and inserting ``section 608(a)(6)''.
(j) Status Reports.--Section 609 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the website
for the TIFIA program--
``(A) on a monthly basis, a current status report on all
submitted letters of interest and applications received for
assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report on all
approved applications for assistance under the TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect to
each project included in the status report--
``(A) the name of the party submitting the letter of
interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for closing
of the credit assistance.''.
(k) State Infrastructure Bank Program.--Section 610 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)(A), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026'';
(B) in paragraph (2), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026''; and
(C) in paragraph (3), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026''; and
(2) in subsection (k), by striking ``fiscal years 2016 through
2020'' and inserting ``fiscal years 2022 through 2026''.
(l) Report.--Not later than September 30, 2025, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the impact of the amendment relating to
airport-related projects under subsection (a)(2)(C) and subsection
(i)(1)(B), including--
(1) information on the use of TIFIA program (as defined in
section 601(a) of title 23, United States Code) funds for eligible
airport-related projects (as defined in section 40117(a) of title
49, United States Code); and
(2) recommendations for modifications to the TIFIA program.
SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
SELECTION.
(a) In General.--Section 602(c) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Payment and performance security.--
``(A) In general.--The Secretary shall ensure that the
design and construction of a project carried out with
assistance under the TIFIA program shall have appropriate
payment and performance security, regardless of whether the
obligor is a State, local government, agency or instrumentality
of a State or local government, public authority, or private
party.
``(B) Written determination.--If payment and performance
security is required to be furnished by applicable State or
local statute or regulation, the Secretary may accept such
payment and performance security requirements applicable to the
obligor if the Federal interest with respect to Federal funds
and other project risk related to design and construction is
adequately protected.
``(C) No determination or applicable requirements.--If
there are no payment and performance security requirements
applicable to the obligor, the security under section 3131(b)
of title 40 or an equivalent State or local requirement, as
determined by the Secretary, shall be required.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to any agreement for credit assistance entered into on or
after the date of enactment of this Act.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
(a) In General.--The Secretary shall establish a program to test
the feasibility of a road usage fee and other user-based alternative
revenue mechanisms (referred to in this section as ``user-based
alternative revenue mechanisms'') to help maintain the long-term
solvency of the Highway Trust Fund, through pilot projects at the
State, local, and regional level.
(b) Grants.--
(1) In general.--The Secretary shall provide grants to eligible
entities to carry out pilot projects under this section.
(2) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Objectives.--The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided
under this section meet the following objectives:
(A) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms,
including among--
(i) differing income groups; and
(ii) rural and urban drivers, as applicable.
(B) To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
(C) To quantify and minimize the administrative costs of
any potential user-based alternative revenue mechanisms.
(D) To test a variety of solutions, including the use of
independent and private third-party vendors, for the collection
of data and fees from user-based alternative revenue
mechanisms, including the reliability and security of those
solutions and vendors.
(E) To test solutions to ensure the privacy and security of
data collected for the purpose of implementing a user-based
alternative revenue mechanism.
(F) To conduct public education and outreach to increase
public awareness regarding the need for user-based alternative
revenue mechanisms for surface transportation programs.
(G) To evaluate the ease of compliance and enforcement of a
variety of implementation approaches for different users of the
surface transportation system.
(H) To ensure, to the greatest extent practicable, the use
of innovation.
(I) To consider, to the greatest extent practicable, the
potential for revenue collection along a network of alternative
fueling stations.
(J) To evaluate the impacts of the imposition of a user-
based alternative revenue mechanism on--
(i) transportation revenues;
(ii) personal mobility, driving patterns, congestion,
and transportation costs; and
(iii) freight movement and costs.
(K) To evaluate options for the integration of a user-based
alternative revenue mechanism with--
(i) nationwide transportation revenue collections and
regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees; and
(iv) any other relevant transportation revenue
mechanisms.
(4) Eligible entity.--An entity eligible to apply for a grant
under this section is--
(A) a State or a group of States;
(B) a local government or a group of local governments; or
(C) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code) or a group of
metropolitan planning organizations.
(5) Use of funds.--An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot project
to address 1 or more of the objectives described in paragraph (3).
(6) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this subsection.
(7) Federal share.--The Federal share of the cost of a pilot
project carried out under this section may not exceed--
(A) 80 percent of the total cost of a project carried out
by an eligible entity that has not otherwise received a grant
under this section; and
(B) 70 percent of the total cost of a project carried out
by an eligible entity that has received at least 1 grant under
this section.
(c) Limitation on Revenue Collected.--Any revenue collected through
a user-based alternative revenue mechanism established using funds
provided under this section shall not be considered a toll under
section 301 of title 23, United States Code.
(d) Recommendations and Report.--Not later than 3 years after the
date of enactment of this Act, the Secretary, in coordination with the
Secretary of the Treasury and the Federal System Funding Alternative
Advisory Board established under section 13002(g)(1), shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) summarizes the results of the pilot projects under this
section and the national pilot program under section 13002; and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide user-based alternative
revenue mechanism.
(e) Funding.--
(1) In general.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of fiscal
years 2022 through 2026 $15,000,000 shall be used for pilot
projects under this section.
(2) Flexibility.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications
to meet the requirements of this section for that fiscal year, the
Secretary shall transfer to the national pilot program under
section 13002 or to the highway research and development program
under section 503(b) of title 23, United States Code--
(A) any funds reserved for a fiscal year under paragraph
(1) that the Secretary has not yet awarded under this section;
and
(B) an amount of obligation limitation equal to the amount
of funds that the Secretary transfers under subparagraph (A).
(f) Repeal.--
(1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503
note; Public Law 114-94) is repealed.
(2) Clerical amendment.--The table of contents in section 1(b)
of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by
striking the item relating to section 6020.
SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
(a) Definitions.--In this section:
(1) Advisory board.--The term ``advisory board'' means the
Federal System Funding Alternative Advisory Board established under
subsection (g)(1).
(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.
(3) Highway trust fund.--The term ``Highway Trust Fund'' means
the Highway Trust Fund established under section 9503 of the
Internal Revenue Code of 1986.
(4) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations (or successor regulations).
(5) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a) of
title 49, United States Code.
(6) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of title
49, United States Code.
(7) 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.
(8) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (b)(1).
(9) Volunteer participant.--The term ``volunteer participant''
means--
(A) an owner or lessee of a private, personal motor vehicle
who volunteers to participate in the pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers to
participate in the pilot program.
(b) Establishment.--
(1) In general.--The Secretary, in coordination with the
Secretary of the Treasury, and consistent with the recommendations
of the advisory board, shall establish a pilot program to
demonstrate a national motor vehicle per-mile user fee--
(A) to restore and maintain the long-term solvency of the
Highway Trust Fund; and
(B) to improve and maintain the surface transportation
system.
(2) Objectives.--The objectives of the pilot program are--
(A) to test the design, acceptance, implementation, and
financial sustainability of a national motor vehicle per-mile
user fee;
(B) to address the need for additional revenue for surface
transportation infrastructure and a national motor vehicle per-
mile user fee; and
(C) to provide recommendations relating to the adoption and
implementation of a national motor vehicle per-mile user fee.
(c) Parameters.--In carrying out the pilot program, the Secretary,
in coordination with the Secretary of the Treasury, shall--
(1) provide different methods that volunteer participants can
choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(3) ensure an equitable geographic distribution by population
among volunteer participants;
(4) include commercial vehicles and passenger motor vehicles;
and
(5) use components of and, where appropriate, coordinate with--
(A) the States that received a grant under section 6020 of
the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in
effect on the day before the date of enactment of this Act);
and
(B) eligible entities that received a grant under section
13001.
(d) Methods.--
(1) Tools.--In selecting the methods described in subsection
(c)(1), the Secretary shall coordinate with entities that
voluntarily provide to the Secretary for use under the pilot
program any of the following vehicle-miles-traveled collection
tools:
(A) Third-party on-board diagnostic (OBD-II) devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance companies.
(E) Data from the States that received a grant under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114-94) (as in effect on the day before the date of enactment
of this Act).
(F) Motor vehicle data obtained from fueling stations.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) Selection.--The Secretary shall determine which
collection tools under paragraph (1) are selected for the pilot
program.
(B) Volunteer participants.--In a manner that the Secretary
considers appropriate, the Secretary shall enable each
volunteer participant to choose 1 of the selected collection
tools under paragraph (1).
(e) Motor Vehicle Per-mile User Fees.--For the purposes of the
pilot program, the Secretary of the Treasury shall establish, on an
annual basis, per-mile user fees for passenger motor vehicles, light
trucks, and medium- and heavy-duty trucks, which amount may vary
between vehicle types and weight classes to reflect estimated impacts
on infrastructure, safety, congestion, the environment, or other
related social impacts.
(f) Volunteer Participants.--The Secretary, in coordination with
the Secretary of the Treasury, shall--
(1)(A) ensure, to the extent practicable, that the greatest
number of volunteer participants participate in the pilot program;
and
(B) ensure that such volunteer participants represent
geographically diverse regions of the United States, including from
urban and rural areas; and
(2) issue policies relating to the protection of volunteer
participants, including policies that--
(A) protect the privacy of volunteer participants; and
(B) secure the data provided by volunteer participants.
(g) Federal System Funding Alternative Advisory Board.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish an advisory
board, to be known as the ``Federal System Funding Alternative
Advisory Board'', to assist with--
(A) providing the Secretary with recommendations related to
the structure, scope, and methodology for developing and
implementing the pilot program;
(B) carrying out the public awareness campaign under
subsection (h); and
(C) developing the report under subsection (n).
(2) Membership.--The advisory board shall include, at a
minimum, the following representatives and entities, to be
appointed by the Secretary:
(A) State departments of transportation.
(B) Any public or nonprofit entity that led a surface
transportation system funding alternatives pilot project under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114-94) (as in effect on the day before the date of enactment
of this Act).
(C) Representatives of the trucking industry, including
owner-operator independent drivers.
(D) Data security experts with expertise in personal
privacy.
(E) Academic experts on surface transportation systems.
(F) Consumer advocates, including privacy experts.
(G) Advocacy groups focused on equity.
(H) Owners of motor vehicle fleets.
(I) Owners and operators of toll facilities.
(J) Tribal groups or representatives.
(K) Any other representatives or entities, as determined
appropriate by the Secretary.
(3) Recommendations.--Not later than 1 year after the date on
which the advisory board is established under paragraph (1), the
advisory board shall provide the Secretary with the recommendations
described in subparagraph (A) of that paragraph, which the
Secretary shall use in implementing the pilot program.
(h) Public Awareness Campaign.--
(1) In general.--The Secretary, with guidance from the advisory
board, may carry out a public awareness campaign to increase public
awareness regarding a national motor vehicle per-mile user fee,
including distributing information--
(A) related to the pilot program;
(B) from the State surface transportation system funding
alternatives pilot program under section 6020 of the FAST Act
(23 U.S.C. 503 note; Public Law 114-94) (as in effect on the
day before the date of enactment of this Act); and
(C) related to consumer privacy.
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider issues
unique to each State.
(i) Revenue Collection.--The Secretary of the Treasury, in
coordination with the Secretary, shall establish a mechanism to collect
motor vehicle per-mile user fees established under subsection (e) from
volunteer participants, which--
(1) may be adjusted as needed to address technical challenges;
and
(2) may allow independent and private third-party vendors to
collect the motor vehicle per-mile user fees and forward such fees
to the Treasury.
(j) Agreement.--The Secretary may enter into an agreement with a
volunteer participant containing such terms and conditions as the
Secretary considers necessary for participation in the pilot program.
(k) Limitation.--Any revenue collected through the mechanism
established under subsection (i) shall not be considered a toll under
section 301 of title 23, United States Code.
(l) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (i) is deposited into the
Highway Trust Fund.
(m) Payment.--Not more than 60 days after the end of each calendar
quarter in which a volunteer participant has participated in the pilot
program, the Secretary of the Treasury, in consultation with the
Secretary of Transportation, shall estimate an amount of payment for
each volunteer based on the vehicle miles submitted by the volunteer
for the calendar quarter and issue such payment to such volunteer
participant.
(n) Report to Congress.--Not later than 1 year after the date on
which volunteer participants begin participating in the pilot program,
and each year thereafter for the duration of the pilot program, the
Secretary and the Secretary of the Treasury shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes an analysis of--
(1) whether the objectives described in subsection (b)(2) were
achieved;
(2) how volunteer participant protections in subsection (f)(2)
were complied with;
(3) whether motor vehicle per-mile user fees can maintain the
long-term solvency of the Highway Trust Fund and improve and
maintain the surface transportation system, which shall include
estimates of administrative costs related to collecting such motor
vehicle per mile user fees;
(4) how the privacy of volunteers was maintained; and
(5) equity impacts of the pilot program, including the impacts
of the pilot program on low-income commuters.
(o) Funding.--
(1) In general.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of fiscal
years 2022 through 2026 $10,000,000 shall be used to carry out the
pilot program under this section.
(2) Excess funds.--Any excess funds remaining after carrying
out the pilot program under this section shall be available to make
grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law
114-94) is amended by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2026''.
SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program--
(1) to provide research and develop models that integrate, in
near-real-time, data from multiple sources, including geolocated--
(A) weather conditions;
(B) roadway conditions;
(C) incidents, work zones, and other nonrecurring events
related to emergency planning; and
(D) information from emergency responders; and
(2) to facilitate data integration between the Department, the
National Weather Service, and other sources of data that provide
real-time data with respect to roadway conditions during or as a
result of severe weather events, including, at a minimum--
(A) winter weather;
(B) heavy rainfall; and
(C) tropical weather events.
(b) Requirements.--In carrying out subsection (a)(1), the Secretary
shall--
(1) address the safety, resiliency, and vulnerability of the
transportation system to disasters; and
(2) develop tools for decisionmakers and other end-users who
could use or benefit from the integrated data described in that
subsection to improve public safety and mobility.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of title
23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program
to conduct emerging technology research in accordance with this
section.
(b) Activities.--The pilot program under this section shall
include--
(1) research and development activities relating to leveraging
advanced and additive manufacturing technologies to increase the
structural integrity and cost-effectiveness of surface
transportation infrastructure; and
(2) research and development activities (including laboratory
and test track supported accelerated pavement testing research
regarding the impacts of connected, autonomous, and platooned
vehicles on pavement and infrastructure performance)--
(A) to reduce the impact of automated and connected driving
systems and advanced driver-assistance systems on pavement and
infrastructure performance; and
(B) to improve transportation infrastructure design in
anticipation of increased usage of automated driving systems
and advanced driver-assistance systems.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of title
23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2), by striking ``section 508'' and
inserting ``section 6503 of title 49'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and'' at the
end;
(ii) in subparagraph (D), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(E) engage with public and private entities to spur
advancement of emerging transformative innovations through
accelerated market readiness; and
``(F) consult frequently with public and private entities
on new transportation technologies.'';
(B) in paragraph (2)(C)--
(i) by redesignating clauses (x) through (xv) as
clauses (xi) through (xvi), respectively; and
(ii) by inserting after clause (ix) the following:
``(x) safety measures to reduce the number of wildlife-
vehicle collisions;'';
(C) in paragraph (3)--
(i) in subparagraph (B)(viii), by inserting ``,
including weather,'' after ``events''; and
(ii) in subparagraph (C)--
(I) in clause (xv), by inserting ``extreme weather
events and'' after ``withstand'';
(II) in clause (xviii), by striking ``and'' at the
end;
(III) in clause (xix), by striking the period at
the end and inserting ``; and''; and
(IV) by adding at the end the following:
``(xx) studies on the deployment and revenue potential
of the deployment of energy and broadband infrastructure in
highway rights-of-way, including potential adverse impacts
of the use or nonuse of those rights-of-way.'';
(D) in paragraph (6)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to support research on non-market-ready technologies
in consultation with public and private entities.'';
(E) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by inserting
``innovations by leading'' after ``support'';
(ii) in clause (iii), by striking ``and'' at the end;
(iii) in clause (iv), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(v) the evaluation of information from accelerated
market readiness efforts, including non-market-ready
technologies, in consultation with other offices of the
Federal Highway Administration, the National Highway
Traffic Safety Administration, and other key partners.'';
(F) in paragraph (8)(A), by striking ``future highway'' and
all that follows through ``needs.'' and inserting the
following: ``current conditions and future needs of highways,
bridges, and tunnels of the United States, including--
``(i) the conditions and performance of the highway
network for freight movement;
``(ii) intelligent transportation systems;
``(iii) resilience needs; and
``(iv) the backlog of current highway, bridge, and
tunnel needs.''; and
(G) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop interactive
modeling tools and databases that--
``(A) track the full condition of highway assets, including
interchanges, and the reconstruction history of those assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of network-
level traffic flows on highways; and
``(D) further Federal and State understanding of the
importance of national and regional connectivity and the need
for long-distance and interregional passenger and freight
travel by highway and other surface transportation modes.'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
inserting ``use of rights-of-way permissible under
applicable law,'' after ``structures,'';
(ii) in subparagraph (D), by striking ``and'' at the
end;
(iii) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) disseminating and evaluating information from
accelerated market readiness efforts, including non-market-
ready technologies, to public and private entities.'';
(B) in paragraph (2)--
(i) in subparagraph (B)(iii), by striking ``improved
tools and methods to accelerate the adoption'' and
inserting ``and deploy improved tools and methods to
accelerate the adoption of early-stage and proven
innovative practices and technologies and, as the Secretary
determines to be appropriate, support continued
implementation''; and
(ii) by adding at the end the following:
``(D) Report.--Not later than 2 years after the date of
enactment of this subparagraph and every 2 years thereafter,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives and make
publicly available on an internet website a report that
describes--
``(i) the activities the Secretary has undertaken to
carry out the program established under paragraph (1); and
``(ii) how and to what extent the Secretary has worked
to disseminate non-market-ready technologies to public and
private entities.'';
(C) in paragraph (3)--
(i) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (B) the following:
``(C) High-friction surface treatment application study.--
``(i) Definition of institution.--In this subparagraph,
the term `institution' means a private sector entity,
public agency, research university or other research
institution, or organization representing transportation
and technology leaders or other transportation stakeholders
that, as determined by the Secretary, is capable of working
with State highway agencies, the Federal Highway
Administration, and the highway construction industry to
develop and evaluate new products, design technologies, and
construction methods that quickly lead to pavement
improvements.
``(ii) Study.--The Secretary shall seek to enter into
an agreement with an institution to carry out a study on
the use of natural and synthetic calcined bauxite as a
high-friction surface treatment application on pavement.
``(iii) Report.--Not later than 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit a
report on the results of the study under clause (ii) to--
``(I) the Committee on Environment and Public Works
of the Senate;
``(II) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(III) the Federal Highway Administration; and
``(IV) the American Association of State Highway
and Transportation Officials.'';
(iii) in subparagraph (D) (as so redesignated), by
striking ``fiscal years 2016 through 2020'' and inserting
``fiscal years 2022 through 2026''; and
(iv) in subparagraph (E) (as so redesignated)--
(I) in clause (i), by striking ``annually'' and
inserting ``once every 3 years''; and
(II) in clause (ii)--
(aa) in subclause (III), by striking ``and'' at
the end;
(bb) in subclause (IV), by striking the period
at the end and inserting a semicolon; and
(cc) by adding at the end the following:
``(V) pavement monitoring and data collection
practices;
``(VI) pavement durability and resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle efficiency;
``(IX) the energy efficiency of the production of
paving materials and the ability of paving materials to
enhance the environment and promote sustainability; and
``(X) integration of renewable energy in pavement
designs.''; and
(D) by adding at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall establish and
implement a program under the technology and innovation
deployment program established under paragraph (1) to promote,
implement, deploy, demonstrate, showcase, support, and document
the application of advanced digital construction management
systems, practices, performance, and benefits.
``(B) Goals.--The goals of the accelerated implementation
and deployment of advanced digital construction management
systems program established under subparagraph (A) shall
include--
``(i) accelerated State adoption of advanced digital
construction management systems applied throughout the
construction lifecycle (including through the design and
engineering, construction, and operations phases) that--
``(I) maximize interoperability with other systems,
products, tools, or applications;
``(II) boost productivity;
``(III) manage complexity;
``(IV) reduce project delays and cost overruns; and
``(V) enhance safety and quality;
``(ii) more timely and productive information-sharing
among stakeholders through reduced reliance on paper to
manage construction processes and deliverables such as
blueprints, design drawings, procurement and supply-chain
orders, equipment logs, daily progress reports, and punch
lists;
``(iii) deployment of digital management systems that
enable and leverage the use of digital technologies on
construction sites by contractors, such as state-of-the-art
automated and connected machinery and optimized routing
software that allows construction workers to perform tasks
faster, safer, more accurately, and with minimal
supervision;
``(iv) the development and deployment of best practices
for use in digital construction management;
``(v) increased technology adoption and deployment by
States and units of local government that enables project
sponsors--
``(I) to integrate the adoption of digital
management systems and technologies in contracts; and
``(II) to weigh the cost of digitization and
technology in setting project budgets;
``(vi) technology training and workforce development to
build the capabilities of project managers and sponsors
that enables States and units of local government--
``(I) to better manage projects using advanced
construction management technologies; and
``(II) to properly measure and reward technology
adoption across projects of the State or unit of local
government;
``(vii) development of guidance to assist States in
updating regulations of the State to allow project sponsors
and contractors--
``(I) to report data relating to the project in
digital formats; and
``(II) to fully capture the efficiencies and
benefits of advanced digital construction management
systems and related technologies;
``(viii) reduction in the environmental footprint of
construction projects using advanced digital construction
management systems resulting from elimination of congestion
through more efficient projects; and
``(ix) enhanced worker and pedestrian safety resulting
from increased transparency.
``(C) Funding.--For each of fiscal years 2022 through 2026,
the Secretary shall obligate from funds made available to carry
out this subsection $20,000,000 to accelerate the deployment
and implementation of advanced digital construction management
systems.
``(D) Publication.--
``(i) In general.--Not less frequently than annually,
the Secretary shall issue and make available to the public
on a website a report on--
``(I) progress made in the implementation of
advanced digital management systems by States; and
``(II) the costs and benefits of the deployment of
new technology and innovations that substantially and
directly resulted from the program established under
this paragraph.
``(ii) Inclusions.--The report under clause (i) may
include an analysis of--
``(I) Federal, State, and local cost savings;
``(II) project delivery time improvements;
``(III) congestion impacts; and
``(IV) safety improvements for roadway users and
construction workers.''.
(b) Advanced Transportation Technologies and Innovative Mobility
Deployment.--Section 503(c)(4) of title 23, United States Code, is
amended--
(1) in the heading, by inserting ``and innovative mobility''
before ``deployment'';
(2) by striking subparagraph (A) and inserting the following:
``(A) In general.--The Secretary shall provide grants to
eligible entities to deploy, install, and operate advanced
transportation technologies to improve safety, mobility,
efficiency, system performance, intermodal connectivity, and
infrastructure return on investment.'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``the enhanced use'' and
inserting ``optimization'';
(B) in clause (v)--
(i) by striking ``transit,'' and inserting ``work zone,
weather, transit, paratransit,''; and
(ii) by striking ``and accessible transportation'' and
inserting ``, accessible, and integrated transportation and
transportation services'';
(C) by redesignating clauses (i) through (viii) as clauses
(iii), (iv), (v), (vi), (vii), (ix), (x), and (xi),
respectively;
(D) by inserting before clause (iii) (as so redesignated)
the following:
``(i) improve the mobility of people and goods;
``(ii) improve the durability and extend the life of
transportation infrastructure;'';
(E) in clause (iv) (as so redesignated), by striking
``deliver'' and inserting ``protect the environment and
deliver'';
(F) by inserting after clause (vii) (as so redesignated)
the following:
``(viii) facilitate account-based payments for
transportation access and services and integrate payment
systems across modes;'';
(G) in clause (x) (as so redesignated), by striking ``or''
at the end;
(H) in clause (xi) (as so redesignated)--
(i) by inserting ``vehicle-to-pedestrian,'' after
``vehicle-to-infrastructure,''; and
(ii) by striking the period at the end and inserting
``; or''; and
(I) by adding at the end the following:
``(xii) incentivize travelers--
``(I) to share trips during periods in which travel
demand exceeds system capacity; or
``(II) to shift trips to periods in which travel
demand does not exceed system capacity.'';
(4) in subparagraph (C)--
(A) in clause (i), by striking ``Not later'' and all that
follows through ``thereafter'' and inserting ``Each fiscal year
for which funding is made available for activities under this
paragraph''; and
(B) in clause (ii)--
(i) in subclause (I), by inserting ``mobility,'' after
``safety,''; and
(ii) in subclause (II)--
(I) in item (bb), by striking ``and'' at the end;
(II) in item (cc), by striking the period at the
end and inserting ``; and''; and
(III) by adding at the end the following:
``(dd) facilitating payment for transportation
services.'';
(5) in subparagraph (D)--
(A) in clause (i), by striking ``Not later'' and all that
follows through ``thereafter'' and inserting ``Each fiscal year
for which funding is made available for activities under this
paragraph''; and
(B) in clause (ii)--
(i) by striking ``In awarding'' and inserting the
following:
``(I) In general.--Subject to subclause (II), in
awarding''; and
(ii) by adding at the end the following:
``(II) Rural set-aside.--Not less than 20 percent
of the amounts made available to carry out this
paragraph shall be reserved for projects serving rural
areas.'';
(6) in subparagraph (E)--
(A) by redesignating clauses (iii) through (ix) as clauses
(iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
(B) by inserting after clause (ii) the following:
``(iii) advanced transportation technologies to improve
emergency evacuation and response by Federal, State, and
local authorities;'';
(C) by inserting after clause (viii) (as so redesignated)
the following:
``(ix) integrated corridor management systems;
``(x) advanced parking reservation or variable pricing
systems;'';
(D) in clause (xi) (as so redesignated)--
(i) by inserting ``, toll collection,'' after
``pricing''; and
(ii) by striking ``or'' at the end;
(E) by inserting after clause (xi) (as so redesignated) the
following:
``(xii) technology that enhances high occupancy vehicle
toll lanes, cordon pricing, or congestion pricing;
``(xiii) integration of transportation service payment
systems;'';
(F) in clause (xiv) (as so redesignated)--
(i) by striking ``and access'' and inserting ``,
access, and on-demand transportation service'';
(ii) by inserting ``and other shared-use mobility
applications'' after ``ridesharing''; and
(iii) by striking the period at the end and inserting a
semicolon; and
(G) by adding at the end the following:
``(xv) retrofitting dedicated short-range
communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything
(C-V2X) technology, subject to the condition that the
retrofitted technology operates only within the existing
spectrum allocations for connected vehicle systems; or
``(xvi) advanced transportation technologies, in
accordance with the research areas described in section
6503 of title 49.'';
(7) in subparagraph (F)(ii)(IV), by striking ``efficiency and
multimodal system performance'' and inserting ``mobility,
efficiency, multimodal system performance, and payment system
performance'';
(8) in subparagraph (G)--
(A) by redesignating clauses (vi) through (viii) as clauses
(vii) through (ix), respectively; and
(B) by inserting after clause (v) the following:
``(vi) improved integration of payment systems;'';
(9) in subparagraph (I)(i), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through 2026'';
(10) in subparagraph (J), by striking ``50'' and inserting
``80''; and
(11) in subparagraph (N)--
(A) in the matter preceding clause (i), by striking ``, the
following definitions apply'';
(B) in clause (i), by striking ``representing a population
of over 200,000''; and
(C) in clause (iii), in the matter preceding subclause (I),
by striking ``a any'' and inserting ``any''.
(c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by
subsection (a)(3)(D)), is amended by adding at the end the following:
``(6) Center of excellence.--
``(A) Definitions.--In this paragraph:
``(i) Highly automated vehicle.--The term `highly
automated vehicle' means a motor vehicle that--
``(I) has a taxable gross weight (as defined in
section 41.4482(b)-1 of title 26, Code of Federal
Regulations (or successor regulations)) of 10,000
pounds or less; and
``(II) is equipped with a Level 3, Level 4, or
Level 5 automated driving system (as defined in the SAE
International Recommended Practice numbered J3016 and
dated June 15, 2018 (or a subsequent standard adopted
by the Secretary)).
``(ii) New mobility.--The term `new mobility' includes
shared services such as--
``(I) docked and dockless bicycles;
``(II) docked and dockless electric scooters; and
``(III) transportation network companies.
``(B) Establishment.--Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall establish a Center of Excellence
to collect, conduct, and fund research on the impacts of new
mobility and highly automated vehicles on land use, urban
design, transportation, real estate, equity, and municipal
budgets.
``(C) Report.--Not later than 1 year after the date on
which the Center of Excellence is established, the Secretary
shall submit a report that describes the results of the
research regarding the impacts of new mobility and highly
automated vehicles to the Committees on Environment and Public
Works and Commerce, Science, and Transportation of the Senate
and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives.
``(D) Partnerships.--In establishing the Center of
Excellence under subparagraph (B), the Secretary shall enter
into appropriate partnerships with any institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) or public or private research
entity.''.
(d) Accelerated Implementation and Deployment of Advanced Digital
Construction Management Systems.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) a description of--
(A) the current status of the use of advanced digital
construction management systems in each State; and
(B) the progress of each State toward accelerating the
adoption of advanced digital construction management systems;
and
(2) an analysis of the savings in project delivery time and
project costs that can be achieved through the use of advanced
digital construction management systems.
(e) Open Challenge and Research Proposal Pilot Program.--
(1) In general.--The Secretary shall establish an open
challenge and research proposal pilot program under which eligible
entities may propose open highway challenges and research proposals
that are linked to identified or potential research needs.
(2) Requirements.--A research proposal submitted to the
Secretary by an eligible entity shall address--
(A) a research need identified by the Secretary or the
Administrator of the Federal Highway Administration; or
(B) an issue or challenge that the Secretary determines to
be important.
(3) Eligible entities.--An entity eligible to submit a research
proposal under the pilot program under paragraph (1) is--
(A) a State;
(B) a unit of local government;
(C) a university transportation center under section 5505
of title 49, United States Code;
(D) a private nonprofit organization;
(E) a private sector organization working in collaboration
with an entity described in subparagraphs (A) through (D); and
(F) any other individual or entity that the Secretary
determines to be appropriate.
(4) Project review.--The Secretary shall--
(A) review each research proposal submitted under the pilot
program under paragraph (1); and
(B) provide to the eligible entity a written notice that--
(i) if the research proposal is not selected--
(I) notifies the eligible entity that the research
proposal has not been selected for funding;
(II) provides an explanation as to why the research
proposal was not selected, including if the research
proposal does not cover an area of need; and
(III) if applicable, recommend that the research
proposal be submitted to another research program and
provide guidance and direction to the eligible entity
and the proposed research program office; and
(ii) if the research proposal is selected, notifies the
eligible entity that the research proposal has been
selected for funding.
(5) Federal share.--
(A) In general.--The Federal share of the cost of an
activity carried out under this subsection shall not exceed 80
percent.
(B) Non-federal share.--All costs directly incurred by the
non-Federal partners, including personnel, travel, facility,
and hardware development costs, shall be credited toward the
non-Federal share of the cost of an activity carried out under
this subsection.
(f) Conforming Amendment.--Section 167 of title 23, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections
(h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
(a) Surface Transportation Workforce Development, Training, and
Education.--Section 504(e) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (G) as
subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following:
``(D) pre-apprenticeships, apprenticeships, and career
opportunities for on-the-job training;'';
(C) in subparagraph (E) (as so redesignated), by striking
``or community college'' and inserting ``, college, community
college, or vocational school''; and
(D) by inserting after subparagraph (F) (as so
redesignated) the following:
``(G) activities associated with workforce training and
employment services, such as targeted outreach and partnerships
with industry, economic development organizations, workforce
development boards, and labor organizations;'';
(2) in paragraph (2), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)(I)''; and
(3) in paragraph (3)--
(A) by striking the period at the end and inserting a
semicolon;
(B) by striking ``including activities'' and inserting the
following: ``including--
``(A) activities''; and
(C) by adding at the end the following:
``(B) activities that address current workforce gaps, such
as work on construction projects, of State and local
transportation agencies;
``(C) activities to develop a robust surface transportation
workforce with new skills resulting from emerging
transportation technologies; and
``(D) activities to attract new sources of job-creating
investment.''.
(b) Transportation Education and Training Development and
Deployment Program.--Section 504(f) of title 23, United States Code, is
amended--
(1) in the subsection heading, by striking ``Development'' and
inserting ``and Training Development and Deployment'';
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment.--The Secretary shall establish a program
to make grants to educational institutions or State departments of
transportation, in partnership with industry and relevant Federal
departments and agencies--
``(A) to develop, test, and review new curricula and
education programs to train individuals at all levels of the
transportation workforce; or
``(B) to implement the new curricula and education programs
to provide for hands-on career opportunities to meet current
and future needs.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``shall'' and inserting ``may'';
(B) in subparagraph (A), by inserting ``current or future''
after ``specific''; and
(C) in subparagraph (E)--
(i) by striking ``in nontraditional departments'';
(ii) by inserting ``construction,'' after ``such as'';
and
(iii) by inserting ``or emerging'' after
``industrial'';
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
``(3) Reporting.--The Secretary shall establish minimum
reporting requirements for grant recipients under this subsection,
which may include, with respect to a program carried out with a
grant under this subsection--
``(A) the percentage or number of program participants that
are employed during the second quarter after exiting the
program;
``(B) the percentage or number of program participants that
are employed during the fourth quarter after exiting the
program;
``(C) the median earnings of program participants that are
employed during the second quarter after exiting the program;
``(D) the percentage or number of program participants that
obtain a recognized postsecondary credential or a secondary
school diploma (or a recognized equivalent) during
participation in the program or by not later than 1 year after
exiting the program; and
``(E) the percentage or number of program participants
that, during a program year--
``(i) are in an education or training program that
leads to a recognized postsecondary credential or
employment; and
``(ii) are achieving measurable skill gains toward such
a credential or employment.''.
(c) Use of Funds.--Section 504 of title 23, United States Code, is
amended by adding at the end the following:
``(i) Use of Funds.--The Secretary may use funds made available to
carry out this section to carry out activities related to workforce
development and technical assistance and training if--
``(1) the activities are authorized by another provision of
this title; and
``(2) the activities are for entities other than employees of
the Secretary, such as States, units of local government, Federal
land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
(a) General Authorities and Requirements Regarding Wildlife and
Habitat.--Section 515(h)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(2) by redesignating subparagraphs (D), (E), (F), (G), (H),
(I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
(K), (L), (M), and (O), respectively;
(3) by inserting after subparagraph (C) the following:
``(D) a representative from a State, local, or regional
wildlife, land use, or resource management agency;'';
(4) by inserting after subparagraph (I) (as so redesignated)
the following:
``(J) an academic researcher who is a biological or
ecological scientist with expertise in transportation
issues;''; and
(5) by inserting after subparagraph (M) (as so redesignated)
the following:
``(N) a representative from a public interest group
concerned with the impact of the transportation system on
terrestrial and aquatic species and the habitat of those
species; and''.
(b) Animal Detection Systems Research and Development.--Section
516(b)(6) of title 23, United States Code, is amended by inserting ``,
including animal detection systems to reduce the number of wildlife-
vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF
EXCELLENCE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Transportation Resilience and Adaptation Centers of
Excellence
``(a) Definition of Center of Excellence.--In this section, the
term `Center of Excellence' means a Center of Excellence for Resilience
and Adaptation designated under subsection (b).
``(b) Designation.--The Secretary shall designate 10 regional
Centers of Excellence for Resilience and Adaptation and 1 national
Center of Excellence for Resilience and Adaptation, which shall serve
as a coordinator for the regional Centers, to receive grants to advance
research and development that improves the resilience of regions of the
United States to natural disasters and extreme weather by promoting the
resilience of surface transportation infrastructure and infrastructure
dependent on surface transportation.
``(c) Eligibility.--An entity eligible to be designated as a Center
of Excellence is--
``(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
``(2) a consortium of nonprofit organizations led by an
institution of higher education.
``(d) Application.--To be eligible to be designated as a Center of
Excellence, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a proposal that
includes a description of the activities to be carried out with a grant
under this section.
``(e) Selection.--
``(1) Regional centers of excellence.--The Secretary shall
designate 1 regional Center of Excellence in each of the 10 Federal
regions that comprise the Standard Federal Regions established by
the Office of Management and Budget in the document entitled
`Standard Federal Regions' and dated April 1974 (circular A-105).
``(2) National center of excellence.--The Secretary shall
designate 1 national Center of Excellence to coordinate the
activities of all 10 regional Centers of Excellence to minimize
duplication and promote coordination and dissemination of research
among the Centers.
``(3) Criteria.--In selecting eligible entities to designate as
a Center of Excellence, the Secretary shall consider--
``(A) the past experience and performance of the eligible
entity in carrying out activities described in subsection (g);
``(B) the merits of the proposal of an eligible entity and
the extent to which the proposal would--
``(i) advance the state of practice in resilience
planning and identify innovative resilience solutions for
transportation assets and systems;
``(ii) support activities carried out under the PROTECT
program under section 176;
``(iii) support and build on work being carried out by
another Federal agency relating to resilience;
``(iv) inform transportation decisionmaking at all
levels of government;
``(v) engage local, regional, Tribal, State, and
national stakeholders, including, if applicable,
stakeholders representing transportation, transit, urban,
and land use planning, natural resources, environmental
protection, hazard mitigation, and emergency management;
and
``(vi) engage community groups and other stakeholders
that will be affected by transportation decisions,
including underserved, economically disadvantaged, rural,
and predominantly minority communities; and
``(C) the local, regional, Tribal, State, and national
impacts of the proposal of the eligible entity.
``(f) Grants.--Subject to the availability of appropriations, the
Secretary shall provide to each Center of Excellence a grant of not
less than $5,000,000 for each of fiscal years 2022 through 2031 to
carry out the activities described in subsection (g).
``(g) Activities.--In carrying out this section, the Secretary
shall ensure that a Center of Excellence uses the funds from a grant
under subsection (f) to promote resilient transportation
infrastructure, including through--
``(1) supporting climate vulnerability assessments informed by
climate change science, including national climate assessments
produced by the United States Global Change Research Program under
section 106 of the Global Change Research Act of 1990 (15 U.S.C.
2936), relevant feasibility analyses of resilient transportation
improvements, and transportation resilience planning;
``(2) development of new design, operations, and maintenance
standards for transportation infrastructure that can inform Federal
and State decisionmaking;
``(3) research and development of new materials and
technologies that could be integrated into existing and new
transportation infrastructure;
``(4) development, refinement, and piloting of new and emerging
resilience improvements and strategies, including natural
infrastructure approaches and relocation;
``(5) development of and investment in new approaches for
facilitating meaningful engagement in transportation decisionmaking
by local, Tribal, regional, or national stakeholders and
communities;
``(6) technical capacity building to facilitate the ability of
local, regional, Tribal, State, and national stakeholders--
``(A) to assess the vulnerability of transportation
infrastructure assets and systems;
``(B) to develop community response strategies;
``(C) to meaningfully engage with community stakeholders;
and
``(D) to develop strategies and improvements for enhancing
transportation infrastructure resilience under current
conditions and a range of potential future conditions;
``(7) workforce development and training;
``(8) development and dissemination of data, tools, techniques,
assessments, and information that informs Federal, State, Tribal,
and local government decisionmaking, policies, planning, and
investments;
``(9) education and outreach regarding transportation
infrastructure resilience; and
``(10) technology transfer and commercialization.
``(h) Federal Share.--The Federal share of the cost of an activity
under this section, including the costs of establishing and operating a
Center of Excellence, shall be 50 percent.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following:
``520. Transportation Resilience and Adaptation Centers of
Excellence.''.
SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(2) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(3) Surface transportation modes.--The term ``surface
transportation modes'' means--
(A) driving;
(B) public transportation;
(C) walking;
(D) cycling; and
(E) a combination of any of the modes of transportation
described in subparagraphs (A) through (D).
(4) Pilot program.--The term ``pilot program'' means the
transportation pilot program established under subsection (b).
(5) Regional transportation planning organization.--The term
``regional transportation planning organization'' has the meaning
given the term in section 134(b) of title 23, United States Code.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a transportation
pilot program.
(c) Purpose.--The purpose of the pilot program is to develop or
procure an accessibility data set and make that data set available to
each eligible entity selected to participate in the pilot program--
(1) to improve the transportation planning of those eligible
entities by--
(A) measuring the level of access by surface transportation
modes to important destinations, which may include--
(i) jobs;
(ii) health care facilities;
(iii) child care services;
(iv) educational and workforce training facilities;
(v) housing;
(vi) food sources;
(vii) points within the supply chain for freight
commodities;
(viii) domestic or international markets; and
(ix) connections between surface transportation modes;
and
(B) disaggregating the level of access by surface
transportation modes by a variety of--
(i) population categories, which may include--
(I) low-income populations;
(II) minority populations;
(III) age;
(IV) disability; and
(V) geographical location; or
(ii) freight commodities, which may include--
(I) agricultural commodities;
(II) raw materials;
(III) finished products; and
(IV) energy commodities; and
(2) to assess the change in accessibility that would result
from new transportation investments.
(d) Eligible Entities.--An entity eligible to participate in the
pilot program is--
(1) a State;
(2) a metropolitan planning organization; or
(3) a regional transportation planning organization.
(e) Application.--To be eligible to participate in the pilot
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including information
relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management experience,
if applicable;
(2) the types of important destinations to which the eligible
entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to apply
to the full area under the jurisdiction of the applicant, a
description of the geographic area in which the applicant intends
the pilot program to apply.
(f) Selection.--
(1) In general.--The Secretary shall seek to achieve diversity
of participants in the pilot program by selecting a range of
eligible entities that shall include--
(A) States;
(B) metropolitan planning organizations that serve an area
with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve an area
with a population of over 200,000 people; and
(D) regional transportation planning organizations.
(2) Inclusions.--The Secretary shall seek to ensure that, among
the eligible entities selected under paragraph (1), there is--
(A) a range of capacity and previous experience with
measuring transportation access; and
(B) a variety of proposed methodologies and focus areas for
measuring level of access.
(g) Duties.--For each eligible entity participating in the pilot
program, the Secretary shall--
(1) develop or acquire an accessibility data set described in
subsection (c); and
(2) submit the data set to the eligible entity.
(h) Methodology.--In calculating the measures for the data set
under the pilot program, the Secretary shall ensure that methodology is
open source.
(i) Availability.--The Secretary shall make an accessibility data
set under the pilot program available to--
(1) units of local government within the jurisdiction of the
eligible entity participating in the pilot program; and
(2) researchers.
(j) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the pilot program, including
the feasibility of developing and providing periodic accessibility data
sets for all States, regions, and localities.
(k) Transportation System Access.--
(1) In general.--The Secretary shall establish consistent
measures that States, metropolitan planning organizations, and
regional transportation planning organizations may choose to adopt
to assess the level of safe and convenient access by surface
transportation modes to important destinations as described in
subsection (c)(1)(A).
(2) Savings provision.--Nothing in this section provides the
Secretary the authority--
(A) to establish a performance measure or require States or
metropolitan planning organizations to set a performance target
for access as described in paragraph (1); or
(B) to establish any other Federal requirement.
(l) Funding.--The Secretary shall carry out the pilot program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
(m) Sunset.--The pilot program shall terminate on the date that is
8 years after the date on which the pilot program is implemented.
TITLE IV--INDIAN AFFAIRS
SEC. 14001. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION
FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code.
(2) Project described.--A project described in this paragraph
is a project that corrects or improves a hazardous road location or
feature or addresses a highway safety problem through 1 or more of
the activities described in any of the clauses under section
148(a)(4)(B) of title 23, United States Code.
(b) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety project
required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other applicable Federal law on an
expeditious basis using the shortest existing applicable process.
(2) Review of applications.--Not later than 45 days after the
date of receipt of a complete application by an Indian tribe for
approval of a tribal transportation safety project, the Secretary
or the Secretary of Transportation, as applicable, shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for completion of
the review described in paragraph (1), including the
identification of any other Federal agency that has
jurisdiction with respect to the project.
(3) Decisions under other federal laws.--In any case in which a
decision under any other Federal law relating to a tribal
transportation safety project (including the issuance or denial of
a permit or license) is required, not later than 45 days after the
Secretary or the Secretary of Transportation, as applicable, has
made all decisions of the lead agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the project, the head of the Federal agency responsible
for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making the
decision.
(4) Extensions.--The Secretary or the Secretary of
Transportation, as applicable, or the head of the Federal agency
may extend the period under paragraph (2) or (3), as applicable, by
an additional 30 days by providing the Indian tribe notice of the
extension, including a statement of the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under paragraph
(2), (3), or (4), as applicable, the Secretary, the Secretary of
Transportation, or the head of a Federal agency, as applicable,
shall--
(A) notify the Committees on Indian Affairs and Environment
and Public Works of the Senate and the Committee on Natural
Resources of the House of Representatives of the failure to
comply with the deadline; and
(B) provide to the Committees described in subparagraph (A)
a detailed explanation of the reasons for the failure to comply
with the deadline.
SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary and the Secretary of Transportation
shall enter into programmatic agreements with Indian tribes that
establish efficient administrative procedures for carrying out
environmental reviews for projects eligible for assistance under
section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary and the Secretary of
Transportation, whether a project is categorically excluded from
the preparation of an environmental assessment or environmental
impact statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capability in terms of personnel and other resources to carry
out applicable agency responsibilities pursuant to section
1507.2 of title 40, Code of Federal Regulations (or successor
regulations);
(B) set forth the responsibilities of the Indian tribe for
making categorical exclusion determinations, documenting the
determinations, and achieving acceptable quality control and
quality assurance;
(C) allow--
(i) the Secretary and the Secretary of Transportation
to monitor compliance of the Indian tribe with the terms of
the agreement; and
(ii) the Indian tribe to execute any needed corrective
action;
(D) contain stipulations for amendments, termination, and
public availability of the agreement once the agreement has
been executed; and
(E) have a term of not more than 5 years, with an option
for renewal based on a review by the Secretary and the
Secretary of Transportation of the performance of the Indian
tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
Section 202(d) of title 23, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Use of funds.--Funds made available to carry out this
subsection shall be used--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of new or
replacement tribal transportation facility bridges;
``(B) to replace, rehabilitate, seismically retrofit,
paint, apply calcium magnesium acetate, sodium acetate/formate,
or other environmentally acceptable, minimally corrosive anti-
icing and deicing composition; or
``(C) to implement any countermeasure for tribal
transportation facility bridges classified as in poor
condition, having a low load capacity, or needing geometric
improvements, including multiple-pipe culverts.''.
SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
There are authorized to be appropriated to the Director of the
Bureau of Indian Affairs to carry out the road maintenance program of
the Bureau--
(1) $50,000,000 for fiscal year 2022;
(2) $52,000,000 for fiscal year 2023;
(3) $54,000,000 for fiscal year 2024;
(4) $56,000,000 for fiscal year 2025; and
(5) $58,000,000 for fiscal year 2026.
SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
(a) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native American
Business Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4302).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Road.--The term ``road'' means a road managed in whole or
in part by the Bureau of Indian Affairs.
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Assistant Secretary for Indian Affairs.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of
Transportation, shall carry out a study to evaluate--
(1) the long-term viability and useful life of existing roads
on Indian land;
(2) any steps necessary to achieve the goal of addressing the
deferred maintenance backlog of existing roads on Indian land;
(3) programmatic reforms and performance enhancements necessary
to achieve the goal of restructuring and streamlining road
maintenance programs on existing or future roads located on Indian
land; and
(4) recommendations on how to implement efforts to coordinate
with States, counties, municipalities, and other units of local
government to maintain roads on Indian land.
(c) Tribal Consultation and Input.--Before beginning the study
under subsection (b), the Secretary shall--
(1) consult with any Indian tribes that have jurisdiction over
roads eligible for funding under the road maintenance program of
the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and
recommendations of the Indian tribes described in paragraph (1).
(d) Report.--On completion of the study under subsection (b), the
Secretary, in consultation with the Secretary of Transportation, shall
submit to the Committees on Indian Affairs and Environment and Public
Works of the Senate and the Committees on Natural Resources and
Transportation and Infrastructure of the House of Representatives a
report on the results and findings of the study.
(e) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter, the Secretary, in consultation with the Secretary of
Transportation, shall submit to the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committees on
Natural Resources and Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a list of
projects funded during the fiscal period covered by the report;
(2) the outstanding needs of the roads that have been provided
funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred to in
paragraph (1);
(4) how the goals described in subsection (b) have been met,
including--
(A) an identification and assessment of any deficiencies or
shortfalls in meeting the goals; and
(B) a plan to address the deficiencies or shortfalls in
meeting the goals; and
(5) any other issues or recommendations provided by an Indian
tribe under the consultation and input process under subsection (c)
that the Secretary determines to be appropriate.
SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
The Commissioner of U.S. Customs and Border Protection may transfer
funds to the Director of the Bureau of Indian Affairs to maintain,
repair, or reconstruct roads under the jurisdiction of the Director,
subject to the condition that the Commissioner and the Director shall
mutually agree that the primary user of the subject road is U.S.
Customs and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
(a) Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' has the meaning
given the term ``Native'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(2) Alaska native village.--The term ``Alaska Native village''
has the meaning given the term ``Native village'' in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(b) Best Practices, Standardized Crash Report Form.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, Indian tribes, Alaska Native
villages, and State departments of transportation shall develop--
(A) best practices for the compiling, analysis, and sharing
of motor vehicle crash data for crashes occurring on Indian
reservations and in Alaska Native communities; and
(B) a standardized form for use by Indian tribes and Alaska
Native communities to carry out those best practices.
(2) Purpose.--The purpose of the best practices and
standardized form developed under paragraph (1) shall be to improve
the quality and quantity of crash data available to and used by the
Federal Highway Administration, State departments of
transportation, Indian tribes, and Alaska Native villages.
(3) Report.--On completion of the development of the best
practices and standardized form under paragraph (1), the Secretary
of Transportation shall submit to the Committees on Indian Affairs
and Environment and Public Works of the Senate and the Committees
on Natural Resources and Transportation and Infrastructure of the
House of Representatives a report describing the best practices and
standardized form.
(c) Use of IMARS.--The Director of the Bureau of Indian Affairs
shall require all law enforcement offices of the Bureau, for the
purpose of reporting motor vehicle crash data for crashes occurring on
Indian reservations and in Alaska Native communities--
(1) to use the crash report form of the applicable State; and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the Department
of the Interior.
(d) Tribal Transportation Program Safety Funding.--Section
202(e)(1) of title 23, United States Code, is amended by striking ``2
percent'' and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by striking
``6 Assistant'' and inserting ``7 Assistant'';
(B) in subparagraph (C), by striking ``and'' after the
semicolon;
(C) by redesignating subparagraph (D) as subparagraph (E);
and
(D) by inserting after subparagraph (C) the following:
``(D) an Assistant Secretary for Tribal Government Affairs,
who shall be appointed by the President; and''; and
(2) in subsection (f), by striking the subsection designation
and heading and all that follows through the end of paragraph (1)
and inserting the following:
``(f) Office of Tribal Government Affairs.--
``(1) Establishment.--There is established in the Department an
Office of Tribal Government Affairs, under the Assistant Secretary
for Tribal Government Affairs--
``(A) to oversee the tribal self-governance program under
section 207 of title 23;
``(B) to plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal organizations;
``(C) to coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department; and
``(D) to be a participant in any negotiated rulemakings
relating to, or having an impact on, projects, programs, or
funding associated with the Tribal transportation program under
section 202 of title 23.''.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. SHORT TITLE.
This division may be cited as the ``Surface Transportation
Investment Act of 2021''.
SEC. 20002. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Office of Multimodal Freight Infrastructure and Policy
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the Department
of Transportation.
``(2) Freight office.--The term `Freight Office' means the
Office of Multimodal Freight Infrastructure and Policy established
under subsection (b).
``(3) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(b) Establishment.--The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and Policy.
``(c) Purposes.--The purposes of the Freight Office shall be--
``(1) to carry out the national multimodal freight policy
described in section 70101;
``(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with subsection
(d);
``(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
``(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
``(5) to assist cities and States in developing freight
mobility and supply chain expertise;
``(6) to liaise and coordinate with other Federal departments
and agencies; and
``(7) to carry out other duties, as prescribed by the
Secretary.
``(d) Administration of Policies and Programs.--The Freight Office
shall--
``(1) develop and manage--
``(A) the national freight strategic plan described in
section 70102; and
``(B) the National Multimodal Freight Network established
under section 70103;
``(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
``(B) provide guidance or best practices relating to the
development and updating of State freight plans under that section;
``(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section 117
of title 23; and
``(B) establish procedures for analyzing and evaluating
applications for grants under those programs;
``(4) assist States in the establishment of--
``(A) State freight advisory committees under section
70201; and
``(B) multi-State freight mobility compacts under section
70204; and
``(5) provide to the Bureau of Transportation Statistics input
regarding freight data and planning tools.
``(e) Assistant Secretary.--
``(1) In general.--The Freight Office shall be headed by an
Assistant Secretary for Multimodal Freight, who shall--
``(A) be appointed by the President, by and with the advice
and consent of the Senate; and
``(B) have professional standing and demonstrated knowledge
in the field of freight transportation.
``(2) Duties.--The Assistant Secretary shall--
``(A) report to the Under Secretary of Transportation for
Policy;
``(B) be responsible for the management and oversight of
the activities, decisions, operations, and personnel of the
Freight Office;
``(C) work with the modal administrations of the Department
to encourage multimodal collaboration; and
``(D) carry out such additional duties as the Secretary may
prescribe.
``(f) Consolidation and Elimination of Duplicative Offices.--
``(1) Consolidation of offices and office functions.--The
Secretary may consolidate into the Freight Office any office or
office function within the Department that the Secretary determines
has duties, responsibilities, resources, or expertise that support
the purposes of the Freight Office.
``(2) Elimination of offices.--The Secretary may eliminate any
office within the Department if the Secretary determines that--
``(A) the purposes of the office are duplicative of the
purposes of the Freight Office;
``(B) the office or the functions of the office have been
substantially consolidated with the Freight Office pursuant to
paragraph (1);
``(C) the elimination of the office will not adversely
affect the requirements of the Secretary under any Federal law;
and
``(D) the elimination of the office will improve the
efficiency and effectiveness of the programs and functions
conducted by the office.
``(g) Staffing and Budgetary Resources.--
``(1) In general.--The Secretary shall ensure that the Freight
Office is adequately staffed and funded.
``(2) Staffing.--
``(A) Transfer of positions to freight office.--Subject to
subparagraph (B), the Secretary may transfer to the Freight
Office any position within any other office of the Department
if the Secretary determines that the position is necessary to
carry out the purposes of the Freight Office.
``(B) Requirement.--If the Secretary transfers a position
to the Freight Office pursuant to subparagraph (A), the
Secretary, in coordination with the appropriate modal
administration of the Department, shall ensure that the
transfer of the position does not adversely affect the
requirements of the modal administration under any Federal law.
``(3) Budgetary resources.--
``(A) Transfer of funds from consolidated or eliminated
offices.--
``(i) In general.--To carry out the purposes of the
Freight Office, the Secretary may transfer to the Freight
Office from any office or office function that is
consolidated or eliminated under subsection (f) any funds
allocated for the consolidated or eliminated office or
office function.
``(ii) Retransfer.--Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back to,
and merged with, the original account.
``(B) Transfer of funds allocated for administrative
costs.--
``(i) In general.--The Secretary may transfer to the
Freight Office any funds allocated for the administrative
costs of the programs referred to in subsection (d)(3).
``(ii) Retransfer.--Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back to,
and merged with, the original account.
``(h) Website.--
``(1) Description of freight office.--The Secretary shall make
publicly available on the website of the Department a description
of the Freight Office, including a description of--
``(A) the programs managed or made available by the Freight
Office; and
``(B) the eligibility requirements for those programs.
``(2) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, guidance, and best practices on
a page of the website of the Department that supports the purposes
of this section.
``(i) Notification to Congress.--Not later than 1 year after the
date of enactment of this section, and not less frequently than once
every 180 days thereafter until the date on which the Secretary
determines that the requirements of this section have been met, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a notification that--
``(1) describes--
``(A) the programs and activities administered or overseen
by the Freight Office; and
``(B) the status of those programs and activities;
``(2) identifies--
``(A) the number of employees working in the Freight Office
as of the date of the notification;
``(B) the total number of employees expected to join the
Freight Office to support the programs and activities described
in paragraph (1); and
``(C) the total number of positions that, as a result of
the consolidation of offices under this section, were--
``(i) eliminated; or
``(ii) transferred, assigned, or joined to the Freight
Office;
``(3)(A) indicates whether the Secretary has consolidated into
the Freight Office any office or office function pursuant to
subsection (f)(1); and
``(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
``(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
``(B) if the Secretary has eliminated such an office, describes
the rationale for the elimination;
``(5) describes any other actions carried out by the Secretary
to implement this section; and
``(6) describes any recommendations of the Secretary for
legislation that may be needed to further implement this section.
``(j) Savings Provisions.--
``(1) Effect on other law.--Except as otherwise provided in
this section, nothing in this section alters or affects any law
(including regulations) with respect to a program referred to in
subsection (d).
``(2) Effect on responsibilities of other agencies.--Except as
otherwise provided in this section, nothing in this section
abrogates the responsibilities of any agency, operating
administration, or office within the Department that is otherwise
charged by law (including regulations) with any aspect of program
administration, oversight, or project approval or implementation
with respect to a program or project subject to the
responsibilities of the Freight Office under this section.
``(3) Effect on pending applications.--Nothing in this section
affects any pending application under a program referred to in
subsection (d) that was received by the Secretary on or before the
date of enactment of the Surface Transportation Investment Act of
2021.
``(k) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out this section.
``(2) Certain activities.--Authorizations under subsections (f)
and (g) are subject to appropriations.''.
(b) GAO Review.--The Comptroller General of the United States
shall--
(1) conduct a review of the activities carried out by the
Secretary pursuant to section 118 of title 49, United States Code;
and
(2) develop recommendations regarding additional activities--
(A) to improve the consolidation of duplicative functions
within the Department; and
(B) to promote increased staff efficiency for program
management within the Department.
(c) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by inserting after the item relating to
section 117 the following:
``118. Office of Multimodal Freight Infrastructure and Policy.''.
(d) Conforming Amendments.--
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking ``Under
Secretary of Transportation for Policy'' and inserting ``Assistant
Secretary for Multimodal Freight''.
(2) Section 70102 of title 49, United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Not later'' and all that follows through
``the Under Secretary of Transportation for Policy'' and
inserting ``The Assistant Secretary for Multimodal Freight
(referred to in this section as the `Assistant Secretary')'';
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and inserting
``Assistant Secretary'';
(C) in subsection (c), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(D) in subsection (d), in the matter preceding paragraph
(1), by striking ``Under Secretary'' and inserting ``Assistant
Secretary''.
(3) Section 70103 of title 49, United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Under Secretary of Transportation for
Policy'' and inserting ``Assistant Secretary for Multimodal
Freight (referred to in this section as the `Assistant
Secretary')'';
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(D) in subsection (b) (as so redesignated)--
(i) in the subsection heading, by striking ``Final
Network'' and inserting ``Designation of National
Multimodal Freight Network'';
(ii) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Not later'' and all that
follows through ``Under Secretary'' and inserting ``The
Assistant Secretary'';
(iii) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(iv) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(E) in subsection (c) (as so redesignated)--
(i) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''; and
(ii) by striking ``Under Secretary'' and inserting
``Assistant Secretary''.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(12) best practices for reducing environmental impacts of
freight movement (including reducing local air pollution from
freight movement, stormwater runoff, and wildlife habitat loss
resulting from freight facilities, freight vehicles, or freight
activity);
``(13) possible strategies to increase the resilience of the
freight system, including the ability to anticipate, prepare for,
or adapt to conditions, or withstand, respond to, or recover
rapidly from disruptions, including extreme weather and natural
disasters;
``(14) strategies to promote United States economic growth and
international competitiveness;
``(15) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
``(16) strategies for decarbonizing freight movement, as
appropriate; and
``(17) consideration of the impacts of e-commerce on the
national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT
NETWORK.
Subsection (b) of section 70103 of title 49, United States Code (as
redesignated by section 21101(d)(3)(C)), is amended--
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) provide to the States an opportunity to submit
proposed designations from the States in accordance with
paragraph (4).''; and
(2) in paragraph (4)--
(A) in subparagraph (C)(i), by striking ``20 percent'' and
inserting ``30 percent''; and
(B) by adding at the end the following:
``(E) Condition for acceptance.--The Secretary shall accept
from a State a designation under subparagraph (D) only if the
Secretary determines that the designation meets the applicable
requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.
(a) In General.--Section 70202 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph (17); and
(C) by inserting after paragraph (9) the following:
``(10) the most recent commercial motor vehicle parking
facilities assessment conducted by the State under subsection (f);
``(11) the most recent supply chain cargo flows in the State,
expressed by mode of transportation;
``(12) an inventory of commercial ports in the State;
``(13) if applicable, consideration of the findings or
recommendations made by any multi-State freight compact to which
the State is a party under section 70204;
``(14) the impacts of e-commerce on freight infrastructure in
the State;
``(15) considerations of military freight;
``(16) strategies and goals to decrease--
``(A) the severity of impacts of extreme weather and
natural disasters on freight mobility;
``(B) the impacts of freight movement on local air
pollution;
``(C) the impacts of freight movement on flooding and
stormwater runoff; and
``(D) the impacts of freight movement on wildlife habitat
loss; and''; and
(2) by adding at the end the following:
``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As
part of the development or updating, as applicable, of a State freight
plan under this section, each State that receives funding under section
167 of title 23, in consultation with relevant State motor carrier
safety personnel, shall conduct an assessment of--
``(1) the capability of the State, together with the private
sector in the State, to provide adequate parking facilities and
rest facilities for commercial motor vehicles engaged in interstate
transportation;
``(2) the volume of commercial motor vehicle traffic in the
State; and
``(3) whether there exist any areas within the State with a
shortage of adequate commercial motor vehicle parking facilities,
including an analysis (economic or otherwise, as the State
determines to be appropriate) of the underlying causes of such a
shortage.
``(g) Priority.--Each State freight plan under this section shall
include a requirement that the State, in carrying out activities under
the State freight plan--
``(1) enhance reliability or redundancy of freight
transportation; or
``(2) incorporate the ability to rapidly restore access and
reliability with respect to freight transportation.
``(h) Approval.--
``(1) In general.--The Secretary of Transportation shall
approve a State freight plan described in subsection (a) if the
plan achieves compliance with the requirements of this section.
``(2) Savings provision.--Nothing in this subsection
establishes new procedural requirements for the approval of a State
freight plan described in subsection (a).''.
(b) Studies.--For the purpose of facilitating the integration of
intelligent transportation systems into the freight transportation
network powered by electricity, the Secretary, acting through the
Assistant Secretary for Multimodal Freight, shall conduct a study
relating to--
(1) preparing to supply power to applicable electrical freight
infrastructure; and
(2) safely integrating freight into intelligent transportation
systems.
(c) Alignment of Transportation Planning.--Section 70202 of title
49, United States Code, is amended--
(1) in subsection (d), by striking ``5-year'' and inserting
``8-year''; and
(2) in subsection (e)(1), by striking ``5 years'' and inserting
``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section 70103 of
title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if applicable;
and
(3) estimates the date by which that network will be
designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended--
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
``Sec. 70204. Multi-State freight corridor planning
``(a) Consent to Multi-State Freight Mobility Compacts.--Congress
recognizes the right of States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally
significant multi-State freight corridor to enter into multi-State
compacts to promote the improved mobility of goods, including--
``(1) identifying projects along the corridor that benefit
multiple States;
``(2) assembling rights-of-way; and
``(3) performing capital improvements.
``(b) Financing.--A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry out
the compact, the relevant States or other entities may--
``(1) accept contributions from a unit of State or local
government;
``(2) use any Federal or State funds made available for freight
mobility infrastructure planning or construction, including
applying for grants;
``(3) subject to such terms and conditions as the States
consider to be advisable--
``(A) borrow money on a short-term basis; and
``(B) issue--
``(i) notes for borrowing under subparagraph (A); and
``(ii) bonds; and
``(4) obtain financing by other means permitted under
applicable Federal or State law.
``(c) Advisory Committees.--
``(1) In general.--A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State departments
of transportation and other public and private sector entities with
an interest in freight mobility, such as--
``(A) ports;
``(B) freight railroads;
``(C) shippers;
``(D) carriers;
``(E) freight-related associations;
``(F) third-party logistics providers;
``(G) the freight industry workforce;
``(H) environmental organizations;
``(I) community organizations; and
``(J) units of local government.
``(2) Activities.--An advisory committee established under
paragraph (1) may--
``(A) advise the parties to the applicable multi-State
freight compact with respect to freight-related priorities,
issues, projects, and funding needs that impact multi-State--
``(i) freight mobility; and
``(ii) supply chains;
``(B) serve as a forum for States, Indian Tribes, and other
public entities to discuss decisions affecting freight
mobility;
``(C) communicate and coordinate multi-State freight
priorities with other organizations;
``(D) promote the sharing of information between the
private and public sectors with respect to freight issues; and
``(E) provide information for consideration in the
development of State freight plans under section 70202.
``(d) Grants.--
``(1) Establishment.--The Secretary of Transportation (referred
to in this section as the `Secretary') shall establish a program
under which the Secretary shall provide grants to multi-State
freight compacts, or States seeking to form a multi-State freight
compact, that seek to improve a route or corridor that is a part of
the National Multimodal Freight Network established under section
70103.
``(2) New compacts.--
``(A) In general.--To incentivize the establishment of
multi-State freight compacts, the Secretary may award a grant
for operations costs in an amount of not more than $2,000,000
to--
``(i) a multi-State freight compact established under
subsection (a) during the 2-year period beginning on the
date of establishment of the multi-State freight compact;
or
``(ii) States seeking to form a multi-State freight
compact described in that subsection.
``(B) Eligibility.--
``(i) New multi-state freight compacts.--A multi-State
freight compact shall be eligible for a grant under this
paragraph only during the initial 2 years of operation of
the compact.
``(ii) States seeking to form a compact.--States
seeking to form a multi-State freight compact shall be
eligible for a grant under this paragraph during--
``(I) the 2-year period beginning on the date on
which an application for a grant under this paragraph
with respect to the proposed compact is submitted to
the Secretary; or
``(II) if the compact is formed before the date on
which a grant under this paragraph is awarded in
accordance with subclause (I), the initial 2 years of
operation of the compact.
``(C) Requirements.--To be eligible to receive a grant
under this paragraph, a multi-State freight compact or the
applicable States seeking to form a multi-State freight compact
shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(ii) provide a non-Federal match equal to not less
than 25 percent of the operating costs of the multi-State
freight compact; and
``(iii) commit to establishing a multi-State freight
corridor advisory committee under subsection (c)(1) during
the initial 2-year period of operation of the compact.
``(3) Existing compacts.--
``(A) In general.--The Secretary may award a grant to
multi-State freight compacts that are not eligible to receive a
grant under paragraph (2) for operations costs in an amount of
not more than $1,000,000.
``(B) Requirements.--To be eligible to receive a grant
under this paragraph, a multi-State freight compact shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(ii) provide a non-Federal match of not less than 50
percent of the operating costs of the compact; and
``(iii) demonstrate that the compact has established a
multi-State freight corridor advisory committee under
subsection (c)(1).
``(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $5,000,000 for each fiscal year to
carry out this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by striking the item relating to section
70204 and inserting the following:
``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.
SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``representatives of ports,
freight railroads,'' and all that follows through the period at the
end and inserting the following: ``representatives of--
``(1) ports, if applicable;
``(2) freight railroads, if applicable;
``(3) shippers;
``(4) carriers;
``(5) freight-related associations;
``(6) third-party logistics providers;
``(7) the freight industry workforce;
``(8) the transportation department of the State;
``(9) metropolitan planning organizations;
``(10) local governments;
``(11) the environmental protection department of the State, if
applicable;
``(12) the air resources board of the State, if applicable;
``(13) economic development agencies of the State; and
``(14) not-for-profit organizations or community
organizations.'';
(2) in subsection (b)(5), by striking ``70202.'' and inserting
``70202, including by providing advice regarding the development of
the freight investment plan.'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Qualifications.--Each member of a freight advisory committee
established under subsection (a) shall have qualifications sufficient
to serve on a freight advisory committee, including, as applicable--
``(1) general business and financial experience;
``(2) experience or qualifications in the areas of freight
transportation and logistics;
``(3) experience in transportation planning;
``(4) experience representing employees of the freight
industry;
``(5) experience representing a State, local government, or
metropolitan planning organization; or
``(6) experience representing the views of a community group or
not-for-profit organization.''.
Subtitle B--Multimodal Investment
SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Subtitle III of title 49, United States Code, is amended by adding
at the end the following:
``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.
``Sec. 6701. National infrastructure project assistance
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the Department
of Transportation.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a political subdivision of a State;
``(E) a special purpose district or public authority with a
transportation function, including a port authority;
``(F) a Tribal government or a consortium of Tribal
governments;
``(G) a partnership between Amtrak and 1 or more entities
described in subparagraphs (A) through (F); and
``(H) a group of entities described in any of subparagraphs
(A) through (G).
``(3) Program.--The term `program' means the program
established by subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) State.--The term `State' means--
``(A) any of the several States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Commonwealth of the Northern Mariana Islands;
``(E) the United States Virgin Islands;
``(F) Guam;
``(G) American Samoa; and
``(H) any other territory or possession of the United
States.
``(b) Establishment.--There is established a program under which
the Secretary shall provide to eligible entities grants, on a
competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).
``(c) Applications.--
``(1) In general.--To be eligible for a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
``(2) Plan for data collection.--An application under paragraph
(1) shall include a plan for data collection and analysis described
in subsection (g).
``(d) Eligible Projects.--The Secretary may provide a grant under
the program only for a project--
``(1) that is--
``(A) a highway or bridge project carried out on--
``(i) the National Multimodal Freight Network
established under section 70103;
``(ii) the National Highway Freight Network established
under section 167 of title 23; or
``(iii) the National Highway System (as defined in
section 101(a) of title 23);
``(B) a freight intermodal (including public ports) or
freight rail project that provides a public benefit;
``(C) a railway-highway grade separation or elimination
project;
``(D) an intercity passenger rail project;
``(E) a public transportation project that is--
``(i) eligible for assistance under chapter 53; and
``(ii) part of a project described in any of
subparagraphs (A) through (D); or
``(F) a grouping, combination, or program of interrelated,
connected, or dependent projects of any of the projects
described in subparagraphs (A) through (E); and
``(2) the eligible project costs of which are--
``(A) reasonably anticipated to equal or exceed
$500,000,000; or
``(B) for any project funded by the set-aside under
subsection (m)(2)--
``(i) more than $100,000,000; but
``(ii) less than $500,000,000.
``(e) Geographical Distribution.--In providing grants under this
section, the Secretary shall ensure among grant recipients--
``(1) geographical diversity; and
``(2) a balance between rural and urban communities.
``(f) Project Evaluation and Selection.--
``(1) Requirements.--The Secretary may select a project
described in subsection (d) to receive a grant under the program
only if the Secretary determines that--
``(A) the project is likely to generate national or
regional economic, mobility, or safety benefits;
``(B) the project is in need of significant Federal
funding;
``(C) the project will be cost-effective;
``(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources of funding
and financing are available--
``(i) to construct, operate, and maintain the project;
and
``(ii) to cover cost increases; and
``(E) the applicant has, or will have, sufficient legal,
financial, and technical capacity to carry out the project.
``(2) Evaluation criteria.--In awarding a grant under the
program, the Secretary shall evaluate--
``(A) the extent to which a project supports achieving a
state of good repair for each existing asset to be improved by
the project;
``(B) the level of benefits a project is expected to
generate, including--
``(i) the costs avoided by the prevention of closure or
reduced use of the asset to be improved by the project;
``(ii) reductions in maintenance costs over the life of
the applicable asset;
``(iii) safety benefits, including the reduction of
serious injuries and fatalities and related costs;
``(iv) improved person or freight throughput, including
improved mobility and reliability; and
``(v) environmental benefits and health impacts, such
as--
``(I) reductions in greenhouse gas emissions;
``(II) air quality benefits;
``(III) preventing stormwater runoff that would be
a detriment to aquatic species; and
``(IV) improved infrastructure resilience;
``(C) the benefits of the project, as compared to the costs
of the project;
``(D) the number of persons or volume of freight, as
applicable, supported by the project; and
``(E) national and regional economic benefits of the
project, including with respect to short- and long-term job
access, growth, or creation.
``(3) Additional considerations.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration--
``(A) contributions to geographical diversity among grant
recipients, including a balance between the needs of rural and
urban communities;
``(B) whether multiple States would benefit from a project;
``(C) whether, and the degree to which, a project uses--
``(i) construction materials or approaches that have--
``(I) demonstrated reductions in greenhouse gas
emissions; or
``(II) reduced the need for maintenance of other
projects; or
``(ii) technologies that will allow for future
connectivity and automation;
``(D) whether a project would benefit--
``(i) a historically disadvantaged community or
population; or
``(ii) an area of persistent poverty;
``(E) whether a project benefits users of multiple modes of
transportation, including--
``(i) pedestrians;
``(ii) bicyclists; and
``(iii) users of nonvehicular rail and public
transportation, including intercity and commuter rail; and
``(F) whether a project improves connectivity between modes
of transportation moving persons or goods nationally or
regionally.
``(4) Ratings.--
``(A) In general.--In evaluating applications for a grant
under the program, the Secretary shall assign the project
proposed in the application a rating described in subparagraph
(B), based on the information contained in the applicable
notice published under paragraph (5).
``(B) Ratings.--
``(i) Highly recommended.--The Secretary shall assign a
rating of `highly recommended' to projects that, in the
determination of the Secretary--
``(I) are exemplary projects of national or
regional significance; and
``(II) would provide significant public benefit, as
determined based on the applicable criteria described
in this subsection, if funded under the program.
``(ii) Recommended.--The Secretary shall assign a
rating of `recommended' to projects that, in the
determination of the Secretary--
``(I) are of national or regional significance; and
``(II) would provide public benefit, as determined
based on the applicable criteria described in this
subsection, if funded under the program.
``(iii) Not recommended.--The Secretary shall assign a
rating of `not recommended' to projects that, in the
determination of the Secretary, should not receive a grant
under the program, based on the applicable criteria
described in this subsection.
``(C) Technical assistance.--
``(i) In general.--On request of an eligible entity
that submitted an application under subsection (c) for a
project that is not selected to receive a grant under the
program, the Secretary shall provide to the eligible entity
technical assistance and briefings relating to the project.
``(ii) Treatment.--Technical assistance provided under
this subparagraph shall not be considered a guarantee of
future selection of the applicable project under the
program.
``(5) Publication of project evaluation and selection
criteria.--Not later than 90 days after the date of enactment of
this chapter, the Secretary shall publish and make publicly
available on the website of the Department a notice that contains a
detailed explanation of--
``(A) the method by which the Secretary will determine
whether a project satisfies the applicable requirements
described in paragraph (1);
``(B) any additional ratings the Secretary may assign to
determine the means by which a project addresses the selection
criteria and additional considerations described in paragraphs
(2) and (3); and
``(C) the means by which the project requirements and
ratings referred to in subparagraphs (A) and (B) will be used
to assign an overall rating for the project under paragraph
(4).
``(6) Project selection priority.--In awarding grants under the
program, the Secretary shall give priority to projects to which the
Secretary has assigned a rating of `highly recommended' under
paragraph (4)(B)(i).
``(g) Data Collection and Analysis.--
``(1) Plan.--
``(A) In general.--An eligible entity seeking a grant under
the program shall submit to the Secretary, together with the
grant application, a plan for the collection and analysis of
data to identify in accordance with the framework established
under paragraph (2)--
``(i) the impacts of the project; and
``(ii) the accuracy of any forecast prepared during the
development phase of the project and included in the grant
application.
``(B) Contents.--A plan under subparagraph (A) shall
include--
``(i) an approach to measuring--
``(I) the criteria described in subsection (f)(2);
and
``(II) if applicable, the additional requirements
described in subsection (f)(3);
``(ii) an approach for analyzing the consistency of
predicted project characteristics with actual outcomes; and
``(iii) any other elements that the Secretary
determines to be necessary.
``(2) Framework.--The Secretary may publish a standardized
framework for the contents of the plans under paragraph (1), which
may include, as appropriate--
``(A) standardized forecasting and measurement approaches;
``(B) data storage system requirements; and
``(C) any other requirements the Secretary determines to be
necessary to carry out this section.
``(3) Multiyear grant agreements.--The Secretary shall require
an eligible entity, as a condition of receiving funding pursuant to
a multiyear grant agreement under the program, to collect
additional data to measure the impacts of the project and to
accurately track improvements made by the project, in accordance
with a plan described in paragraph (1).
``(4) Reports.--
``(A) Project baseline.--Before the date of completion of a
project for which a grant is provided under the program, the
eligible entity carrying out the project shall submit to the
Secretary a report providing baseline data for the purpose of
analyzing the long-term impact of the project in accordance
with the framework established under paragraph (2).
``(B) Updated report.--Not later than 6 years after the
date of completion of a project for which a grant is provided
under the program, the eligible entity carrying out the project
shall submit to the Secretary a report that compares the
baseline data included in the report under subparagraph (A) to
project data collected during the period--
``(i) beginning on the date that is 5 years after the
date of completion of the project; and
``(ii) ending on the date on which the updated report
is submitted.
``(h) Eligible Project Costs.--
``(1) In general.--An eligible entity may use a grant provided
under the program for--
``(A) development-phase activities and costs, including
planning, feasibility analysis, revenue forecasting,
alternatives analysis, data collection and analysis,
environmental review and activities to support environmental
review, preliminary engineering and design work, and other
preconstruction activities, including the preparation of a data
collection and post-construction analysis plan under subsection
(g); and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to that land), environmental
mitigation (including projects to replace or rehabilitate
culverts or reduce stormwater runoff for the purpose of
improving habitat for aquatic species), construction
contingencies, acquisition of equipment, protection, and
operational improvements directly relating to the project.
``(2) Interest and other financing costs.--The interest and
other financing costs of carrying out any part of a project under a
multiyear grant agreement within a reasonable period of time shall
be considered to be an eligible project cost only if the applicable
eligible entity certifies to the Secretary that the eligible entity
has demonstrated reasonable diligence in seeking the most favorable
financing terms.
``(i) Cost Sharing.--
``(1) In general.--The total amount awarded for a project under
the program may not exceed 60 percent of the total eligible project
costs described in subsection (h).
``(2) Maximum federal involvement.--
``(A) In general.--Subject to subparagraph (B), Federal
assistance other than a grant awarded under the program may be
provided for a project for which a grant is awarded under the
program.
``(B) Limitation.--The total amount of Federal assistance
provided for a project for which a grant is awarded under the
program shall not exceed 80 percent of the total cost of the
project.
``(C) Non-federal share.--Secured loans or financing
provided under section 603 of title 23 or section 22402 of this
title and repaid with local funds or revenues shall be
considered to be part of the local share of the cost of a
project.
``(3) Application to multiyear agreements.--Notwithstanding any
other provision of this title, in any case in which amounts are
provided under the program pursuant to a multiyear agreement, the
disbursed Federal share of the cost of the project may exceed the
limitations described in paragraphs (1) and (2)(B) for 1 or more
years if the total amount of the Federal share of the cost of the
project, once completed, does not exceed those limitations.
``(j) Grant Agreements.--
``(1) In general.--A project for which an eligible entity
receives a multiyear grant under the program shall be carried out
in accordance with this subsection.
``(2) Terms.--A multiyear grant agreement under this subsection
shall--
``(A) establish the terms of Federal participation in the
applicable project;
``(B) establish the maximum amount of Federal financial
assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for obligation of the
full grant amount;
``(D) describe the period of time for completing the
project, regardless of whether that period extends beyond the
period of an authorization; and
``(E) facilitate timely and efficient management of the
applicable project by the eligible entity carrying out the
project, in accordance with applicable law.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement under this
subsection--
``(i) shall provide for the obligation of an amount of
available budget authority specified in law;
``(ii) may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law; and
``(iii) shall provide that any funds disbursed under
the program for the project before the completion of any
review required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) may only cover costs
associated with development-phase activities described in
subsection (h)(1)(A).
``(B) Contingent commitment.--A contingent commitment under
this paragraph is not an obligation of the Federal Government,
including for purposes of section 1501 of title 31.
``(4) Single-year grants.--The Secretary may only provide to an
eligible entity a full grant under the program in a single year if
all reviews required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to the applicable
project have been completed before the receipt of any program
funds.
``(k) Congressional Notification.--
``(1) In general.--Not later than 30 days before the date on
which the Secretary publishes the selection of projects to receive
grants under the program, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives a written notice that includes--
``(A) a list of all project applications reviewed by the
Secretary as part of the selection process;
``(B) the rating assigned to each project under subsection
(f)(4);
``(C) an evaluation and justification with respect to each
project for which the Secretary will--
``(i) provide a grant under the program; and
``(ii) enter into a multiyear grant agreement under the
program;
``(D) a description of the means by which the Secretary
anticipates allocating among selected projects the amounts made
available to the Secretary to carry out the program; and
``(E) anticipated funding levels required for the 3 fiscal
years beginning after the date of submission of the notice for
projects selected for grants under the program, based on
information available to the Secretary as of that date.
``(2) Congressional disapproval.--The Secretary may not provide
a grant or any other obligation or commitment to fund a project
under the program if a joint resolution is enacted disapproving
funding for the project before the last day of the 30-day period
described in paragraph (1).
``(l) Reports.--
``(1) Transparency.--Not later than 60 days after the date on
which the grants are announced under the program, the Secretary
shall publish on the website of the Department a report that
includes--
``(A) a list of all project applications reviewed by the
Secretary as part of the selection process under the program;
``(B) the rating assigned to each project under subsection
(f)(4); and
``(C) a description of each project for which a grant has
been provided under the program.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program.
``(B) Report.--Not later than 18 months after the date on
which the initial grants are awarded for projects under the
program, the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes, as applicable--
``(i) the adequacy and fairness of the process by which
the projects were selected; and
``(ii) the justification and criteria used for the
selection of the projects.
``(m) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the program $2,000,000,000 for each of
fiscal years 2022 through 2026.
``(2) Other projects.--Of the amounts made available under
paragraph (1), 50 percent shall be set aside for projects that have
a project cost of--
``(A) more than $100,000,000; but
``(B) less than $500,000,000.
``(3) Administrative expenses.--Of the amounts made available
to carry out the program for each fiscal year, the Secretary may
reserve not more than 2 percent for the costs of--
``(A) administering and overseeing the program; and
``(B) hiring personnel for the program, including personnel
dedicated to processing permitting and environmental review
issues.
``(4) Transfer of authority.--The Secretary may transfer any
portion of the amounts reserved under paragraph (3) for a fiscal
year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, or the Maritime Administration to award
and oversee grants in accordance with this section.
``(n) Additional Requirements.--
``(1) In general.--Each project that receives a grant under
this chapter shall achieve compliance with the applicable
requirements of--
``(A) subchapter IV of chapter 31 of title 40;
``(B) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); and
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Modal requirements.--The Secretary shall, with respect to
a project funded by a grant under this section, apply--
``(A) the requirements of title 23 to a highway, road, or
bridge project;
``(B) the requirements of chapter 53 to a transit project;
and
``(C) the requirements of section 22905 to a rail project.
``(3) Multimodal projects.--
``(A) In general.--Except as otherwise provided in this
paragraph, if an eligible project is a multimodal project, the
Secretary shall--
``(i) determine the predominant modal component of the
project; and
``(ii) apply the applicable requirements described in
paragraph (2) of the predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--The
requirements of section 22905 shall apply to any passenger
or freight rail component of a project.
``(ii) Public transportation component.--The
requirements of section 5333 shall apply to any public
transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
(a) In General.--Chapter 67 of subtitle III of title 49, United
States Code (as added by section 21201), is amended by adding at the
end the following:
``Sec. 6702. Local and regional project assistance
``(a) Definitions.--In this section:
``(1) Area of persistent poverty.--The term `area of persistent
poverty' means--
``(A) any county (or equivalent jurisdiction) in which,
during the 30-year period ending on the date of enactment of
this chapter, 20 percent or more of the population continually
lived in poverty, as measured by--
``(i) the 1990 decennial census;
``(ii) the 2000 decennial census; and
``(iii) the most recent annual small area income and
poverty estimate of the Bureau of the Census;
``(B) any census tract with a poverty rate of not less than
20 percent, as measured by the 5-year data series available
from the American Community Survey of the Bureau of the Census
for the period of 2014 through 2018; and
``(C) any territory or possession of the United States.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) the District of Columbia;
``(C) any territory or possession of the United States;
``(D) a unit of local government;
``(E) a public agency or publicly chartered authority
established by 1 or more States;
``(F) a special purpose district or public authority with a
transportation function, including a port authority;
``(G) a federally recognized Indian Tribe or a consortium
of such Indian Tribes;
``(H) a transit agency; and
``(I) a multi-State or multijurisdictional group of
entities described in any of subparagraphs (A) through (H).
``(3) Eligible project.--The term `eligible project' means--
``(A) a highway or bridge project eligible for assistance
under title 23;
``(B) a public transportation project eligible for
assistance under chapter 53;
``(C) a passenger rail or freight rail transportation
project eligible for assistance under this title;
``(D) a port infrastructure investment, including--
``(i) inland port infrastructure; and
``(ii) a land port-of-entry;
``(E) the surface transportation components of an airport
project eligible for assistance under part B of subtitle VII;
``(F) a project for investment in a surface transportation
facility located on Tribal land, the title or maintenance
responsibility of which is vested in the Federal Government;
``(G) a project to replace or rehabilitate a culvert or
prevent stormwater runoff for the purpose of improving habitat
for aquatic species that will advance the goal of the program
described in subsection (b)(2); and
``(H) any other surface transportation infrastructure
project that the Secretary considers to be necessary to advance
the goal of the program.
``(4) Program.--The term `program' means the Local and Regional
Project Assistance Program established under subsection (b)(1).
``(5) Rural area.--The term `rural area' means an area that is
located outside of an urbanized area.
``(6) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(7) Urbanized area.--The term `urbanized area' means an area
with a population of more than 200,000 residents, based on the most
recent decennial census.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish and carry out
a program, to be known as the `Local and Regional Project
Assistance Program', to provide for capital investments in surface
transportation infrastructure.
``(2) Goal.--The goal of the program shall be to fund eligible
projects that will have a significant local or regional impact and
improve transportation infrastructure.
``(c) Grants.--
``(1) In general.--In carrying out the program, the Secretary
may make grants to eligible entities, on a competitive basis, in
accordance with this section.
``(2) Amount.--Except as otherwise provided in this section,
each grant made under the program shall be in an amount equal to--
``(A) not less than $5,000,000 for an urbanized area;
``(B) not less than $1,000,000 for a rural area; and
``(C) not more than $25,000,000.
``(3) Limitation.--Not more than 15 percent of the funds made
available to carry out the program for a fiscal year may be awarded
to eligible projects in a single State during that fiscal year.
``(d) Selection of Eligible Projects.--
``(1) Notice of funding opportunity.--Not later than 60 days
after the date on which funds are made available to carry out the
program, the Secretary shall publish a notice of funding
opportunity for the funds.
``(2) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application--
``(A) in such form and containing such information as the
Secretary considers to be appropriate; and
``(B) by such date as the Secretary may establish, subject
to the condition that the date shall be not later than 90 days
after the date on which the Secretary issues the solicitation
under paragraph (1).
``(3) Primary selection criteria.--In awarding grants under the
program, the Secretary shall evaluate the extent to which a
project--
``(A) improves safety;
``(B) improves environmental sustainability;
``(C) improves the quality of life of rural areas or
urbanized areas;
``(D) increases economic competitiveness and opportunity,
including increasing tourism opportunities;
``(E) contributes to a state of good repair; and
``(F) improves mobility and community connectivity.
``(4) Additional selection criteria.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration the extent to which--
``(A) the project sponsors collaborated with other public
and private entities;
``(B) the project adopts innovative technologies or
techniques, including--
``(i) innovative technology;
``(ii) innovative project delivery techniques; and
``(iii) innovative project financing;
``(C) the project has demonstrated readiness; and
``(D) the project is cost effective.
``(5) Transparency.--
``(A) In general.--The Secretary, shall evaluate, through a
methodology that is discernible and transparent to the public,
the means by which each application submitted under paragraph
(2) addresses the criteria under paragraphs (3) and (4) or
otherwise established by the Secretary.
``(B) Publication.--The methodology under subparagraph (A)
shall be published by the Secretary as part of the notice of
funding opportunity under the program.
``(6) Awards.--Not later than 270 days after the date on which
amounts are made available to provide grants under the program for
a fiscal year, the Secretary shall announce the selection by the
Secretary of eligible projects to receive the grants in accordance
with this section.
``(7) Technical assistance.--
``(A) In general.--On request of an eligible entity that
submitted an application under paragraph (2) for a project that
is not selected to receive a grant under the program, the
Secretary shall provide to the eligible entity technical
assistance and briefings relating to the project.
``(B) Treatment.--Technical assistance provided under this
paragraph shall not be considered a guarantee of future
selection of the applicable project under the program.
``(e) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out using
a grant provided under the program shall not exceed 80 percent.
``(2) Exception.--The Federal share of the cost of an eligible
project carried out in a rural area, a historically disadvantaged
community, or an area of persistent poverty using a grant under
this subsection may exceed 80 percent, at the discretion of the
Secretary.
``(3) Treatment of other federal funds.--Amounts provided under
any of the following programs shall be considered to be a part of
the non-Federal share for purposes of this subsection:
``(A) The tribal transportation program under section 202
of title 23.
``(B) The Federal lands transportation program under
section 203 of title 23.
``(C) The TIFIA program (as defined in section 601(a) of
title 23).
``(D) The Railroad Rehabilitation and Improvement Financing
Program under chapter 224.
``(f) Other Considerations.--
``(1) In general.--Of the total amount made available to carry
out the program for each fiscal year--
``(A) not more than 50 percent shall be allocated for
eligible projects located in rural areas; and
``(B) not more than 50 percent shall be allocated for
eligible projects located in urbanized areas.
``(2) Historically disadvantaged communities and areas of
persistent poverty.--Of the total amount made available to carry
out the program for each fiscal year, not less than 1 percent shall
be awarded for projects in historically disadvantaged communities
or areas of persistent poverty.
``(3) Multimodal and geographical considerations.--In selecting
projects to receive grants under the program, the Secretary shall
take into consideration geographical and modal diversity.
``(g) Project Planning.--Of the amounts made available to carry out
the program for each fiscal year, not less than 5 percent shall be made
available for the planning, preparation, or design of eligible
projects.
``(h) Transfer of Authority.--Of the amounts made available to
carry out the program for each fiscal year, the Secretary may transfer
not more than 2 percent for a fiscal year to the Administrator of any
of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, or the Maritime
Administration to award and oversee grants and credit assistance in
accordance with this section.
``(i) Credit Program Costs.--
``(1) In general.--Subject to paragraph (2), at the request of
an eligible entity, the Secretary may use a grant provided to the
eligible entity under the program to pay the subsidy or credit risk
premium, and the administrative costs, of an eligible project that
is eligible for Federal credit assistance under--
``(A) chapter 224; or
``(B) chapter 6 of title 23.
``(2) Limitation.--Not more than 20 percent of the funds made
available to carry out the program for a fiscal year may be used to
carry out paragraph (1).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000,000 for each of
fiscal years 2022 through 2026, to remain available for a period of 3
fiscal years following the fiscal year for which the amounts are
appropriated.
``(k) Reports.--
``(1) Annual report.--The Secretary shall make available on the
website of the Department of Transportation at the end of each
fiscal year an annual report that describes each eligible project
for which a grant was provided under the program during that fiscal
year.
``(2) Comptroller general.--Not later than 1 year after the
date on which the initial grants are awarded for eligible projects
under the program, the Comptroller General of the United States
shall--
``(A) review the administration of the program, including--
``(i) the solicitation process; and
``(ii) the selection process, including--
``(I) the adequacy and fairness of the process; and
``(II) the selection criteria; and
``(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the findings of the review
under subparagraph (A), including recommendations for improving
the administration of the program, if any.''.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct,
and submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report describing the results of, a
study of how changes to Federal share matching requirements and
selection criteria, such as using State population data in Department
discretionary programs, may impact the allocations made to States.
(c) Clerical Amendment.--The analysis for subtitle III of title 49,
United States Code, is amended by adding at the end the following:
``CHAPTER 67--Multimodal Infrastructure Investments
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION
GRANT PROGRAM.
(a) In General.--Chapter 67 of title 49, United States Code (as
amended by section 21202(a)), is amended by adding at the end the
following:
``Sec. 6703. National culvert removal, replacement, and restoration
grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of the
United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual competitive
grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) Establishment.--The Secretary, in consultation with the
Undersecretary, shall establish an annual competitive grant program to
award grants to eligible entities for projects for the replacement,
removal, and repair of culverts or weirs that--
``(1) would meaningfully improve or restore fish passage for
anadromous fish; and
``(2) with respect to weirs, may include--
``(A) infrastructure to facilitate fish passage around or
over the weir; and
``(B) weir improvements.
``(c) Eligible Entities.--An entity eligible to receive a grant
under the program is--
``(1) a State;
``(2) a unit of local government; or
``(3) an Indian Tribe.
``(d) Grant Selection Process.--The Secretary, in consultation with
the Undersecretary and the Director, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).
``(e) Prioritization.--The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to--
``(1) projects that would improve fish passage for--
``(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably become
listed as an endangered species or a threatened species under
that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered species,
threatened species, or protected species, including Southern
resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient stocks; and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government under
the program shall be not more than 80 percent.
``(g) Technical Assistance.--The Secretary, in consultation with
the Undersecretary and the Director, shall develop a process to provide
technical assistance to Indian Tribes and underserved communities to
assist in the project design and grant process and procedures.
``(h) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out the program, the Secretary, the
Undersecretary, and the Director may use not more than 2 percent to pay
the administrative expenses necessary to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $800,000,000 for each of fiscal
years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 67 of title 49,
United States Code (as added by section 21202(c)), is amended by adding
at the end the following:
``6703. National culvert removal, replacement, and restoration grant
program.''.
SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code (as
amended by section 21106(a)), is amended by inserting after section
70204 the following:
``Sec. 70205. National multimodal cooperative freight research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish and support a
national cooperative freight transportation research program.
``(b) Administration by National Academy of Sciences.--
``(1) In general.--The Secretary shall enter into an agreement
with the National Academy of Sciences to support and carry out
administrative and management activities under the program
established under subsection (a).
``(2) Advisory committee.--To assist the National Academy of
Sciences in carrying out this subsection, the National Academy
shall establish an advisory committee, the members of which
represent a cross-section of multimodal freight stakeholders,
including--
``(A) the Department of Transportation and other relevant
Federal departments and agencies;
``(B) State (including the District of Columbia)
departments of transportation;
``(C) units of local government, including public port
authorities;
``(D) nonprofit entities;
``(E) institutions of higher education;
``(F) labor organizations representing employees in freight
industries; and
``(G) private sector entities representing various
transportation modes.
``(c) Activities.--
``(1) National research agenda.--
``(A) In general.--The advisory committee established under
subsection (b)(2), in consultation with interested parties,
shall recommend a national research agenda for the program in
accordance with subsection (d), which shall include a multiyear
strategic plan.
``(B) Action by interested parties.--For purposes of
subparagraph (A), an interested party may--
``(i) submit to the advisory committee research
proposals;
``(ii) participate in merit reviews of research
proposals and peer reviews of research products; and
``(iii) receive research results.
``(2) Research contracts and grants.--
``(A) In general.--The National Academy of Sciences may
award research contracts and grants under the program
established under subsection (a) through--
``(i) open competition; and
``(ii) merit review, conducted on a regular basis.
``(B) Evaluation.--
``(i) Peer review.--A contract or grant for research
under subparagraph (A) may allow peer review of the
research results.
``(ii) Programmatic evaluations.--The National Academy
of Sciences may conduct periodic programmatic evaluations
on a regular basis of a contract or grant for research
under subparagraph (A).
``(C) Dissemination of findings.--The National Academy of
Sciences shall disseminate the findings of any research
conducted under this paragraph to relevant researchers,
practitioners, and decisionmakers through--
``(i) conferences and seminars;
``(ii) field demonstrations;
``(iii) workshops;
``(iv) training programs;
``(v) presentations;
``(vi) testimony to government officials;
``(vii) publicly accessible websites;
``(viii) publications for the general public; and
``(ix) other appropriate means.
``(3) Report.--Not later than 1 year after the date of
establishment of the program under subsection (a), and annually
thereafter, the Secretary shall make available on a public website
a report that describes the ongoing research and findings under the
program.
``(d) Areas for Research.--The national research agenda under
subsection (c)(1) shall consider research in the following areas:
``(1) Improving the efficiency and resiliency of freight
movement, including--
``(A) improving the connections between rural areas and
domestic and foreign markets;
``(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
``(C) quantifying the national impact of blocked railroad
crossings;
``(D) improved techniques for estimating and quantifying
public benefits derived from freight transportation projects;
and
``(E) low-cost methods to reduce congestion at bottlenecks.
``(2) Adapting to future trends in freight, including--
``(A) considering the impacts of e-commerce;
``(B) automation; and
``(C) zero-emissions transportation.
``(3) Workforce considerations in freight, including--
``(A) diversifying the freight transportation industry
workforce; and
``(B) creating and transitioning a workforce capable of
designing, deploying, and operating emerging technologies.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an activity
carried out under this section shall be up to 100 percent.
``(2) Use of non-federal funds.--In addition to using funds
made available to carry out this section, the National Academy of
Sciences may seek and accept additional funding from public and
private entities capable of accepting funding from the Department
of Transportation, States, units of local government, nonprofit
entities, and the private sector.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,750,000 for each fiscal year to carry
out the program established under subsection (a), to remain available
until expended.
``(g) Sunset.--The program established under subsection (a) shall
terminate 5 years after the date of enactment of this section.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code (as amended by section 21106(b)), is amended by
inserting after the item relating to section 70204 the following:
``70205. National multimodal cooperative freight research program.''.
SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
(a) Definitions.--In this section:
(1) Build america bureau.--The term ``Build America Bureau''
means the National Surface Transportation and Innovative Finance
Bureau established under section 116 of title 49, United States
Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of local government or political subdivision
that is located outside of an urbanized area with a population
of more than 150,000 residents, as determined by the Bureau of
the Census;
(B) a State seeking to advance a project located in an area
described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) Eligible program.--The term ``eligible program'' means any
program described in--
(A) subparagraph (A) or (B) of section 116(d)(1) of title
49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by section
21101(a)); or
(C) chapter 67 of that title (as added by section 21201).
(4) Pilot program.--The term ``pilot program'' means the Rural
and Tribal Assistance Pilot Program established under subsection
(b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish within the Build
America Bureau a pilot program, to be known as the ``Rural and
Tribal Assistance Pilot Program'', to provide to eligible entities
the assistance and information described in paragraph (2).
(2) Assistance and information.--In carrying out the pilot
program, the Secretary may provide to an eligible entity the
following:
(A) Financial, technical, and legal assistance to evaluate
potential projects reasonably expected to be eligible to
receive funding or financing assistance under an eligible
program.
(B) Assistance with development-phase activities,
including--
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and financing
options analyses;
(iv) environmental review;
(v) preliminary engineering and design work;
(vi) economic assessments and cost-benefit analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the project;
(xi) evaluating opportunities for private financing and
project bundling; and
(xii) any other activity determined to be appropriate
by the Secretary.
(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is
interested in using innovative financing methods.
(c) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in providing financial, technical, and
legal assistance to eligible entities under the pilot program.
(d) Website.--
(1) Description of pilot program.--
(A) In general.--The Secretary shall make publicly
available on the website of the Department a description of the
pilot program, including--
(i) the resources available to eligible entities under
the pilot program; and
(ii) the application process established under
paragraph (2)(A).
(B) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, and best practices on the
page of the website of the Department that contains the
information described in subparagraph (A).
(2) Applications.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a process
by which an eligible entity may submit to the Secretary an
application under the pilot program, in such form and
containing such information as the Secretary may require.
(B) Online portal.--The Secretary shall develop and make
available to the public an online portal through which the
Secretary may receive applications under subparagraph (A), on a
rolling basis.
(C) Approval.--
(i) In general.--Not later than 60 days after the date
on which the Secretary receives a complete application
under subparagraph (A), the Secretary shall provide to each
eligible entity that submitted the application a notice
describing whether the application is approved or
disapproved.
(ii) Additional written notification.--
(I) In general.--Not later than 30 days after the
date on which the Secretary provides to an eligible
entity a notification under clause (i), the Secretary
shall provide to the eligible entity an additional
written notification of the approval or disapproval of
the application.
(II) Disapproved applications.--If the application
of an eligible entity is disapproved under this
subparagraph, the additional written notification
provided to the eligible entity under subclause (I)
shall include an offer for a written or telephonic
debrief by the Secretary that will provide an
explanation of, and guidance regarding, the reasons why
the application was disapproved.
(iii) Insufficient applications.--The Secretary shall
not approve an application under this subparagraph if the
application fails to meet the applicable criteria
established under this section.
(3) Dashboard.--The Secretary shall publish on the website of
the Department a monthly report that includes, for each application
received under the pilot program--
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project described in the
application;
(C) a brief description of the assistance requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the notice of
approval or disapproval under paragraph (2)(C)(i).
(e) Experts.--An eligible entity that receives assistance under the
pilot program may retain the services of an expert for any phase of a
project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).
(f) Funding.--
(1) In general.--For each of fiscal years 2022 through 2026,
the Secretary may use to carry out the pilot program, including to
retain the services of expert firms under subsection (c), any
amount made available to the Secretary to provide credit assistance
under an eligible program that is not otherwise obligated, subject
to paragraph (2).
(2) Limitation.--The amount used under paragraph (1) to carry
out the pilot program shall be not more than--
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) Geographical distribution.--Not more than 20 percent of the
funds made available to carry out the pilot program for a fiscal
year may be used for projects in a single State during that fiscal
year.
(g) Sunset.--The pilot program shall terminate on the date that is
5 years after the date of enactment of this Act.
(h) Nonapplicability.--Nothing in this section limits the ability
of the Build America Bureau or the Secretary to establish or carry out
any other assistance program under title 23 or title 49, United States
Code.
(i) Administration by Build America Bureau.--Section 116(d)(1) of
title 49, United States Code (as amended by section 21101(d)(4)), is
amended by adding at the end the following:
``(D) The Rural and Tribal Assistance Pilot Program
established under section 21205(b)(1) of the Surface
Transportation Investment Act of 2021.''.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
SEC. 21301. RRIF CODIFICATION AND REFORMS.
(a) Codification of Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49,
United States Code, is amended--
(1) by inserting after chapter 223 the following chapter
analysis:
``Chapter 224--Railroad Rehabilitation and Improvement Financing
``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';
(2) by inserting after the chapter analysis the following
section headings:
``Sec. 22401. Definitions
``Sec. 22402. Direct loans and loan guarantees
``Sec. 22403. Administration of direct loans and loan guarantees
``Sec. 22404. Employee protection'';
(3) by inserting after the section heading for section 22401,
as added by paragraph (2), the text of section 501 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821);
(4) by inserting after the section heading for section 22402,
as added by paragraph (2), the text of section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822);
(5) by inserting after the section heading for section 22403,
as added by paragraph (2), the text of section 503 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823);
and
(6) by inserting after the section heading for section 22404,
as added by paragraph (2), the text of section 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836).
(b) Conforming Repeals.--
(1) Repeals.--
(A) Sections 501, 502, 503, and 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821, 822, 823, and 836) are repealed.
(B) Section 9003(j) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (45
U.S.C. 822 note) is repealed.
(2) Savings provision.--The repeals under paragraph (1) shall
not affect the rights and duties that matured under the repealed
sections, the penalties that were incurred under such sections, or
any proceeding authorized under any such section that commenced
before the date of enactment of this Act.
(c) Definitions.--
(1) Headings.--Section 22401 of title 49, United States Code,
as added by subsection (a)(2), and amended by subsection (a)(3), is
further amended--
(A) in paragraph (1)--
(i) by striking ``(1)(A) The'' and inserting the
following:
``(1) Cost.--
``(A) The''; and
(ii) by indenting subparagraphs (B) through (F)
appropriately; and
(B) in each of paragraphs (2) through (14), by inserting a
paragraph heading, the text of which is comprised of the term
defined in the paragraph.
(2) Other technical amendments.--Section 22401 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(3) and paragraph (1) of this subsection, is further
amended--
(A) in the matter preceding paragraph (1), by striking
``For purposes of this title:'' and inserting ``In this
chapter:'';
(B) in paragraph (11), by striking ``under this title'' and
inserting ``under this chapter'';
(C) by amending paragraph (12) to read as follows:
``(12) Railroad.--The term `railroad' includes--
``(A) any railroad or railroad carrier (as such terms are
defined in section 20102); and
``(B) any rail carrier (as defined in section 24102).'';
(D) by redesignating paragraph (14) as paragraph (15); and
(E) by inserting after paragraph (13) the following:
``(14) Secretary.--The term `Secretary' means the Secretary of
Transportation.''.
(d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(4), is further amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``entities
implementing'' before ``interstate compacts'';
(B) in paragraph (5)--
(i) by inserting ``entities participating in'' before
``joint ventures''; and
(ii) by striking ``and'' at the end; and
(C) by striking paragraph (6) and inserting the following:
``(6) limited option freight shippers that own or operate a
plant or other facility, solely for the purpose of constructing a
rail connection between a plant or facility and a railroad; and
``(7) private entities with controlling ownership in 1 or more
freight railroads other than Class I carriers.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Direct loans and loan guarantees authorized
under this section shall be used--
``(A) to acquire, improve, or rehabilitate intermodal or
rail equipment or facilities, including track, components of
track, cuts and fills, stations, tunnels, bridges, yards,
buildings, and shops, and to finance costs related to those
activities, including pre-construction costs;
``(B) to develop or establish new intermodal or railroad
facilities;
``(C) to develop landside port infrastructure for seaports
serviced by rail;
``(D) to refinance outstanding debt incurred for the
purposes described in subparagraph (A) , (B), or (C);
``(E) to reimburse planning, permitting, and design
expenses relating to activities described in subparagraph (A),
(B), or (C); or
``(F) to finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment of greater than
20 percent of total project costs;
``(ii) is physically connected to, or is within \1/2\
mile of, a fixed guideway transit station, an intercity bus
station, a passenger rail station, or a multimodal station,
provided that the location includes service by a railroad;
``(iii) demonstrates the ability of the applicant to
commence the contracting process for construction not later
than 90 days after the date on which the direct loan or
loan guarantee is obligated for the project under this
chapter; and
``(iv) demonstrates the ability to generate new revenue
for the relevant passenger rail station or service by
increasing ridership, increasing tenant lease payments, or
carrying out other activities that generate revenue
exceeding costs.''; and
(B) by striking paragraph (3);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``of title 49, United
States Code''; and
(B) in paragraph (5), by striking ``title 49, United States
Code,'' and inserting ``this title'';
(4) in subsection (e), by amending paragraph (1) to read as
follows:
``(1) Direct loans.--The interest rate on a direct loan under
this section shall be not less than the yield on United States
Treasury securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan agreement.'';
(5) in subsection (f)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``An applicant may propose and''
and inserting ``Upon receipt of a proposal from an
applicant under this section,''; and
(II) by striking ``tangible asset'' and inserting
``collateral described in paragraph (6)'';
(ii) in subparagraph (B)(ii), by inserting ``,
including operating or tenant charges, facility rents, or
other fees paid by transportation service providers or
operators for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards, or
stations'' after ``user fees'';
(iii) in subparagraph (C), by striking ``$75,000,000''
and inserting ``$150,000,000''; and
(iv) by adding at the end the following:
``(D) Revenue from projected freight or passenger demand
for the project based on regionally developed economic
forecasts, including projections of any modal diversion
resulting from the project.''; and
(B) by adding at the end the following:
``(5) Cohorts of loans.--Subject to the availability of funds
appropriated by Congress under section 22406(a)(2), for any direct
loan issued before the date of enactment of the Fixing America's
Surface Transportation Act (Public Law 114-94) pursuant to sections
501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), the Secretary shall repay
the credit risk premiums of such loan, with interest accrued
thereon, not later than--
``(A) 60 days after the date of enactment of the Surface
Transportation Investment Act of 2021 if the borrower has
satisfied all obligations attached to such loan; or
``(B) if the borrower has not yet satisfied all obligations
attached to such loan, 60 days after the date on which all
obligations attached to such loan have been satisfied.
``(6) Collateral.--
``(A) Types of collateral.--An applicant or infrastructure
partner may propose tangible and intangible assets as
collateral, exclusive of goodwill. The Secretary, after
evaluating each such asset--
``(i) shall accept a net liquidation value of
collateral; and
``(ii) shall consider and may accept--
``(I) the market value of collateral; or
``(II) in the case of a blanket pledge or
assignment of an entire operating asset or basket of
assets as collateral, the market value of assets, or,
the market value of the going concern, considering--
``(aa) inclusion in the pledge of all the
assets necessary for independent operational
utility of the collateral, including tangible
assets such as real property, track and structure,
motive power, equipment and rolling stock,
stations, systems and maintenance facilities and
intangible assets such as long-term shipping
agreements, easements, leases and access rights
such as for trackage and haulage;
``(bb) interchange commitments; and
``(cc) the value of the asset as determined
through the cost or market approaches, or the
market value of the going concern, with the latter
considering discounted cash flows for a period not
to exceed the term of the direct loan or loan
guarantee.
``(B) Appraisal standards.--In evaluating appraisals of
collateral under subparagraph (A), the Secretary shall
consider--
``(i) adherence to the substance and principles of the
Uniform Standards of Professional Appraisal Practice, as
developed by the Appraisal Standards Board of the Appraisal
Foundation; and
``(ii) the qualifications of the appraisers to value
the type of collateral offered.
``(7) Repayment of credit risk premiums.--The Secretary shall
return credit risk premiums paid, and interest accrued on such
premiums, to the original source when all obligations of a loan or
loan guarantee have been satisfied. This paragraph applies to any
project that has been granted assistance under this section after
the date of enactment of the Surface Transportation Investment Act
of 2021.'';
(6) in subsection (g), by amending paragraph (1) the read as
follows:
``(1) repayment of the obligation is required to be made within
a term that is not longer than the shorter of--
``(A) 75 years after the date of substantial completion of
the project;
``(B) the estimated useful life of the rail equipment or
facilities to be acquired, rehabilitated, improved, developed,
or established, subject to an adequate determination of long-
term risk; or
``(C) for projects determined to have an estimated useful
life that is longer than 35 years, the period that is equal to
the sum of--
``(i) 35 years; and
``(ii) the product of--
``(I) the difference between the estimated useful
life and 35 years; multiplied by
``(II) 75 percent.'';
(7) in subsection (h)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``of title 49, United States
Code'';
(II) by striking ``the National Railroad Passenger
Corporation'' and inserting ``Amtrak''; and
(III) by striking ``of that title''; and
(ii) in subparagraph (B), by striking ``section 504 of
this Act'' and inserting ``section 22404''; and
(B) in paragraph (4), by striking ``(b)(1)(E)'' and
inserting ``(b)(1)(F)'';
(8) in subsection (i)--
(A) by amending paragraph (4) to read as follows:
``(4) Streamlined application review process.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Surface Transportation Investment Act of
2021, the Secretary shall implement procedures and measures to
economize and make available an streamlined application process
or processes at the request of applicants seeking loans or loan
guarantees.
``(B) Criteria.--Applicants seeking loans and loan
guarantees under this section shall--
``(i) seek a total loan or loan guarantee value not
exceeding $150,000,000;
``(ii) meet eligible project purposes described in
subparagraphs (A) and (B) of subsection (b)(1); and
``(iii) meet other criteria considered appropriate by
the Secretary, in consultation with the Council on Credit
and Finance of the Department of Transportation.
``(C) Expedited credit review.--The total period between
the submission of an application and the approval or
disapproval of an application for a direct loan or loan
guarantee under this paragraph may not exceed 90 days. If an
application review conducted under this paragraph exceeds 90
days, the Secretary shall--
``(i) provide written notice to the applicant,
including a justification for the delay and updated
estimate of the time needed for approval or disapproval;
and
``(ii) publish the notice on the dashboard described in
paragraph (5).'';
(B) in paragraph (5)--
(i) in subparagraph (E), by striking ``and'' at the
end;
(ii) in subparagraph (F), by adding ``; and'' at the
end; and
(iii) by adding at the end the following:
``(G) whether the project utilized the streamlined
application process under paragraph (4).''; and
(C) by adding at the end the following:
``(6) Creditworthiness review status.--
``(A) In general.--The Secretary shall maintain status
information related to each application for a loan or loan
guarantee, which shall be provided to the applicant upon
request, including--
``(i) the total value of the proposed loan or loan
guarantee;
``(ii) the name of the applicant or applicants
submitting the application;
``(iii) the proposed capital structure of the project
to which the loan or loan guarantee would be applied,
including the proposed Federal and non-Federal shares of
the total project cost;
``(iv) the type of activity to receive credit
assistance, including whether the project is new
construction, the rehabilitation of existing rail equipment
or facilities, or the refinancing an existing loan or loan
guarantee;
``(v) if a deferred payment is proposed, the length of
such deferment;
``(vi) the credit rating or ratings provided for the
applicant;
``(vii) if other credit instruments are involved, the
proposed subordination relationship and a description of
such other credit instruments;
``(viii) a schedule for the readiness of proposed
investments for financing;
``(ix) a description of any Federal permits required,
including under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and any waivers under section
5323(j) (commonly known as the `Buy America Act');
``(x) other characteristics of the proposed activity to
be financed, borrower, key agreements, or the nature of the
credit that the Secretary considers to be fundamental to
the creditworthiness review;
``(xi) the status of the application in the pre-
application review and selection process;
``(xii) the cumulative amounts paid by the Secretary to
outside advisors related to the application, including
financial and legal advisors;
``(xiii) a description of the key rating factors used
by the Secretary to determine credit risk, including--
``(I) the factors used to determine risk for the
proposed application;
``(II) an adjectival risk rating for each
identified factor, ranked as either low, moderate, or
high;
``(xiv) a nonbinding estimate of the credit risk
premium, which may be in the form of--
``(I) a range, based on the assessment of risk
factors described in clause (xiii); or
``(II) a justification for why the estimate of the
credit risk premium cannot be determined based on
available information; and
``(xv) a description of the key information the
Secretary needs from the applicant to complete the credit
review process and make a final determination of the credit
risk premium.
``(B) Report upon request.--The Secretary shall provide the
information described in subparagraph (A) not later than 30
days after a request from the applicant.
``(C) Exception.--Applications processed using the
streamlined application review process under paragraph (4) are
not subject to the requirements under this paragraph.'';
(9) in subsection (l)(2)(A)(iii), by striking ``under this
title'' and inserting ``under this chapter'';
(10) in subsection (m)(1), by striking ``under this title'' and
inserting ``under this chapter''; and
(11) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under
this section may be used as the non-Federal share of project costs for
any grant program administered by the Secretary if such loan is
repayable from non-Federal funds.''.
(e) Administration of Direct Loans and Loan Guarantees.--Section
22403 of title 49, United States Code, as added by subsection (a)(2),
and amended by subsection (a)(5), is further amended--
(1) in subsection (a)--
(A) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(B) in paragraph (1), as designated by subparagraph (A), by
striking ``section 502'' and inserting ``section 22402''; and
(C) by adding at the end the following:
``(2) Documentation.--An applicant meeting the size standard
for small business concerns established under section 3(a)(2) of
the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited
financial statements as documentation of historical financial
information if such statements are accompanied by the applicant's
Federal tax returns and Internal Revenue Service tax verifications
for the corresponding years.'';
(2) in subsection (d)(3), by striking ``section 502(f)'' and
inserting ``section 22402(f)'';
(3) in subsection (l)(3)(B), by striking ``serving a direct
loan'' and inserting ``servicing a direct loan''; and
(4) in each of subsections (b) through (m), as applicable--
(A) by striking ``section 502'' each place it appears and
inserting ``section 22402''; and
(B) by striking ``this title'' each place it appears and
inserting ``this chapter''.
(f) Employee Protection.--Section 22404 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection (a)(6),
is further amended--
(1) in subsection (a)--
(A) by striking ``not otherwise protected under title V of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et
seq.),'';
(B) by striking ``under this title'' and inserting ``under
this chapter'';
(C) by striking ``within 120 days after the date of
enactment of this title'' and inserting ``not later than 120
days after February 5, 1976''; and
(D) by striking ``within 150 days after the date of
enactment of this title'' and inserting ``not later than 150
days after February 5, 1976'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``applicable financial assistance under
this title'' and inserting ``applicable financial
assistance under this chapter''; and
(ii) by striking ``from financial assistance under this
title'' and inserting ``from financial assistance under
this chapter'';
(B) in paragraph (3), by striking ``under this title'' and
inserting ``under this chapter''; and
(C) in paragraph (4), by striking ``to this title'' and
inserting ``to this chapter''; and
(3) in subsection (c), by striking ``to this title'' and
inserting ``to this chapter''.
(g) Substantive Criteria and Standards.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (f), is further amended by adding at the end
the following:
``Sec. 22405. Substantive criteria and standards
``The Secretary shall--
``(1) publish in the Federal Register and post on a website of
the Department of Transportation the substantive criteria and
standards used by the Secretary to determine whether to approve or
disapprove applications submitted under section 22402; and
``(2) ensure that adequate procedures and guidelines are in
place to permit the filing of complete applications not later than
30 days after the publication referred to in paragraph (1).''.
(h) Authorization of Appropriations.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (g), is further amended by adding at the end
the following:
``Sec. 22406. Authorization of appropriations.
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated for
credit assistance under this chapter, which shall be provided at
the discretion of the Secretary, $50,000,000 for each of fiscal
years 2022 through 2026.
``(2) Refund of premium.--There is authorized to be
appropriated to the Secretary $70,000,000 to repay the credit risk
premium in accordance with section 22402(f)(5).
``(3) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
``(b) Use of Funds.--
``(1) In general.--Credit assistance provided under subsection
(a) may not exceed $20,000,000 for any loan or loan guarantee.
``(2) Administrative costs.--Not less than 3 percent of the
amounts appropriated pursuant to subsection (a) in each fiscal year
shall be made available to the Secretary for use in place of
charges collected under section 22403(l)(1) for passenger railroads
and freight railroads other than Class I carriers.
``(3) Short line set-aside.--Not less than 50 percent of the
amounts appropriated pursuant to subsection (a)(1) for each fiscal
year shall be set aside for freight railroads other than Class I
carriers.''.
(i) Clerical Amendment.--The analysis for title 49, United States
Code, is amended by inserting after the item relating to chapter 223
the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.
(j) Technical and Conforming Amendments.--
(1) National trails system act.--Section 8(d) of the National
Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ``(45
U.S.C. 801 et seq.) and chapter 224 of title 49, United States
Code'' after ``1976''.
(2) Passenger rail reform and investment act.--Section 11315(c)
of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C.
322 note; Public Law 114-94) is amended by striking ``sections 502
and 503 of the Railroad Revitalization and Regulatory Reform Act of
1976'' and inserting ``sections 22402 and 22403 of title 49, United
States Code''.
(3) Provisions classified in title 45, united states code.--
(A) Railroad revitalization and regulatory reform act of
1976.--Section 101 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended--
(i) in subsection (a), in the matter preceding
paragraph (1), by striking ``It is the purpose of the
Congress in this Act to'' and inserting ``The purpose of
this Act and chapter 224 of title 49, United States Code,
is to''; and
(ii) in subsection (b), in the matter preceding
paragraph (1), by striking ``It is declared to be the
policy of the Congress in this Act'' and inserting ``The
policy of this Act and chapter 224 of title 49, United
States Code, is''.
(B) Railroad infrastructure financing improvement act.--The
Railroad Infrastructure Financing Improvement Act (subtitle F
of title XI of Public Law 114-94) is amended--
(i) in section 11607(b) (45 U.S.C. 821 note), by
striking ``All provisions under sections 502 through 504 of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.)'' and inserting ``All
provisions under section 22402 through 22404 of title 49,
United States Code,''; and
(ii) in section 11610(b) (45 U.S.C. 821 note), by
striking ``section 502(f) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as
amended by section 11607 of this Act'' and inserting
``section 22402(f) of title 49, United States Code''.
(C) Transportation equity act for the 21st century.--
Section 7203(b)(2) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 45 U.S.C. 821 note) is
amended by striking ``title V of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and
inserting ``chapter 224 of title 49, United States Code,''.
(D) Hamm alert maritime safety act of 2018.--Section
212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II
of Public Law 115-265; 45 U.S.C. 822 note) is amended, in the
matter preceding subparagraph (A), by striking ``for purposes
of section 502(f)(4) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and
inserting ``for purposes of section 22402 of title 49, United
States Code''.
(E) Milwaukee railroad restructuring act.--Section 15(f) of
the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is
amended by striking ``Section 516 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836)'' and inserting ``Section 22404 of title 49, United States
Code,''.
(F) Rock island railroad transition and employee assistance
act.--Section 104(b) of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1003(b)) is amended--
(i) in paragraph (1)--
(I) by striking ``title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting ``chapter 224 of
title 49, United States Code,''; and
(II) by striking ``and section 18(b) of the
Milwaukee Railroad Restructuring Act''; and
(ii) in paragraph (2), by striking ``title V of the
Railroad Revitalization and Regulatory Reform Act of 1976,
and section 516 of such Act (45 U.S.C. 836)'' and inserting
``chapter 224 of title 49, United States Code, including
section 22404 of such title,''.
(4) Title 49.--
(A) National surface transportation and innovative finance
bureau.--Section 116(d)(1)(B) of title 49, United States Code,
is amended by striking ``sections 501 through 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821-823)'' and inserting ``sections 22401 through
22403''.
(B) Prohibited discrimination.--Section 306(b) of title 49,
United States Code, is amended--
(i) by striking ``chapter 221 or 249 of this title,''
and inserting ``chapter 221, 224, or 249 of this title,
or''; and
(ii) by striking ``, or title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821 et seq.)''.
(C) Passenger rail reform and investment act of 2015.--
Section 11311(d) of the Passenger Rail Reform and Investment
Act of 2015 (Public Law 114-94; 49 U.S.C. 20101 note) is
amended by striking ``, and section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822)''.
(D) Grant conditions.--Section 22905(c)(2)(B) of title 49,
United States Code, is amended by striking ``section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 836)'' and inserting ``section 22404''.
(E) Passenger rail investment and improvement act of
2008.--Section 205(g) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432; 49
U.S.C. 24101 note) is amended by striking ``title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49,
United States Code''.
(F) Amtrak authority.--Section 24903 of title 49, United
States Code, is amended--
(i) in subsection (a)(6), by striking ``and the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), and chapter 224 of this title''; and
(ii) in subsection (c)(2), by striking ``and the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), and chapter 224 of this title''.
SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall update the publicly available credit program guide
in accordance with the provisions of chapter 224 of title 49, United
States Code, as added by section 21301.
SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT
ELIGIBILITY.
Not later than 6 months after the date of enactment of this Act,
and every 6 months thereafter, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that identifies--
(1) the number of applications submitted to the Department for
a direct loan or loan guarantee under section 22402(b)(1)(E) of
title 49, United States Code, as amended by section 21301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and
(3) for each such application, the reasons for providing or
declining to provide the requested loan or loan guarantee.
TITLE II--RAIL
SEC. 22001. SHORT TITLE.
This title may be cited as the ``Passenger Rail Expansion and Rail
Safety Act of 2021''.
Subtitle A--Authorization of Appropriations
SEC. 22101. GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) Oversight.--The Secretary may withhold up to 0.5 percent from
the amount appropriated for each fiscal year pursuant to subsections
(a) and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for use by the State-Supported Route
Committee established under section 24712(a) of title 49, United States
Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up
to $6,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (a) for use by the Northeast Corridor Commission
established under section 24905(a) of title 49, United States Code.
(f) Interstate Rail Compacts.--The Secretary may withhold up to
$3,000,000 from the amount appropriated for each fiscal year pursuant
to subsection (b) for grants authorized under section 22910 of title
49, United States Code.
(g) Accessibility Upgrades.--
(1) In general.--The Secretary shall withhold $50,000,000 from
the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for grants to assist Amtrak in financing
capital projects to upgrade the accessibility of the national rail
passenger transportation system by increasing the number of
existing facilities that are compliant with the requirements under
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) until the Secretary determines Amtrak's existing facilities
are in compliance with such requirements.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the activities
authorized under such paragraph.
(h) Corridor Development.--In addition to the activities authorized
under subsection (b), Amtrak may use up to 10 percent of the amounts
appropriated under subsection (b) in each fiscal year to support
Amtrak-operated corridors selected under section 22306 for--
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal funding
limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
(a) Safety and Operations.--There are authorized to be appropriated
to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the
following amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) Railroad Research and Development.--There are authorized to be
appropriated to the Secretary for the use of the Federal Railroad
Administration for activities associated with railroad research and
development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) Transportation Technology Center.--The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for activities authorized under section
20108(d) of title 49, United States Code.
(d) Rail Research and Development Center of Excellence.--The
Secretary may withhold up to 10 percent of the amount appropriated for
each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22907 of title 49, United States
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22909 of title 49, United States
Code, as added by section 22305, $500,000,000 for each of fiscal years
2022 through 2026.
(b) Planning Projects.--Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year shall
be used for planning projects described in section 22909(d)(6) of title
49, United States Code.
(c) Highway-rail Grade Crossing Safety Information and Education
Program.--Of the amount appropriated under subsection (a) in each
fiscal year, 0.25 percent shall be used for contracts or grants to
carry out a highway-rail grade crossing safety information and
education program--
(1) to help prevent and reduce pedestrian, motor vehicle, and
other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and at
highway-rail grade crossings.
(d) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22908 of title 49, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 1 percent of the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 24911 of title 49, United States
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent of the
amount appropriated under subsection (a) for the costs of project
management oversight of grants authorized under title 49, United States
Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
Subtitle B--Amtrak Reforms
SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
(a) Findings.--Section 24101(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``between crowded urban areas
and in other areas of'' and inserting ``throughout'';
(2) in paragraph (4), by striking ``to Amtrak to achieve a
performance level sufficient to justify expending public money''
and inserting ``in order to meet the intercity passenger rail needs
of the United States'';
(3) in paragraph (5)--
(A) by inserting ``intercity passenger and'' before
``commuter''; and
(B) by inserting ``and rural'' after ``major urban;'' and
(4) by adding at the end the following:
``(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.''.
(b) Goals.--Section 24101(c) of title 49, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) use its best business judgment in acting to maximize the
benefits of Federal investments, including--
``(A) offering competitive fares;
``(B) increasing revenue from the transportation of mail
and express;
``(C) offering food service that meets the needs of its
customers;
``(D) improving its contracts with rail carriers over whose
tracks Amtrak operates;
``(E) controlling or reducing management and operating
costs; and
``(F) providing economic benefits to the communities it
serves;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(13) support and maintain established long-distance routes to
provide value to the Nation by serving customers throughout the
United States and connecting urban and rural communities.''.
(c) Increasing Revenues.--Section 24101(d) of title 49, United
States Code, is amended to read as follows:
``(d) Increasing Revenues.--Amtrak is encouraged to make agreements
with private sector entities and to undertake initiatives that are
consistent with good business judgment and designed to generate
additional revenues to advance the goals described in subsection
(c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
(a) Selection; Composition; Chair.--Section 24302(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``President'' and
inserting ``Chief Executive Officer''; and
(B) in subparagraph (C), by inserting ``, at least 1 of
whom shall be an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) who has a demonstrated history of, or experience
with, accessibility, mobility, and inclusive transportation in
passenger rail or commuter rail'' before the period at the end;
(2) in paragraph (2), by striking ``and try to provide adequate
and balanced representation of the major geographic regions of the
United States served by Amtrak'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
``(4) Of the individuals appointed pursuant to paragraph
(1)(C)--
``(A) 2 individuals shall reside in or near a location
served by a regularly scheduled Amtrak service along the
Northeast Corridor;
``(B) 4 individuals shall reside in or near regions of the
United States that are geographically distributed outside of
the Northeast Corridor, of whom--
``(i) 2 individuals shall reside in States served by a
long-distance route operated by Amtrak;
``(ii) 2 individuals shall reside in States served by a
State-supported route operated by Amtrak; and
``(iii) an individual who resides in a State that is
served by a State-supported route and a long-distance route
may be appointed to serve either position referred to in
clauses (i) and (ii);
``(C) 2 individuals shall reside either--
``(i) in or near a location served by a regularly
scheduled Amtrak service on the Northeast Corridor; or
``(ii) in a State served by long-distance or a State-
supported route; and
``(D) each individual appointed to the Board pursuant to
this paragraph may only fill 1 of the allocations set forth in
subparagraphs (A) through (C).
``(5) The Board shall elect a chairperson and vice chairperson,
other than the Chief Executive Officer of Amtrak, from among its
membership. The vice chairperson shall act as chairperson in the
absence of the chairperson.
``(6) The Board shall meet at least annually with--
``(A) representatives of Amtrak employees;
``(B) representatives of persons with disabilities; and
``(C) the general public, in an open meeting with a virtual
attendance option, to discuss financial performance and service
results.''.
(b) Rule of Construction.--None of the amendments made by
subsection (a) may be construed as affecting the term of any director
serving on the Amtrak Board of Directors under section 24302(a)(1)(C)
of title 49, United States Code, as of the date of enactment of this
Act.
SEC. 22203. STATION AGENTS.
Section 24312 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Availability of Station Agents.--
``(1) In general.--Except as provided in paragraph (2),
beginning on the date that is 1 year after the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
shall ensure that at least 1 Amtrak ticket agent is employed at
each station building--
``(A) that Amtrak owns, or operates service through, as
part of a long-distance or Northeast Corridor passenger service
route;
``(B) where at least 1 Amtrak ticket agent was employed on
or after October 1, 2017; and
``(C) for which an average of 40 passengers boarded or
deboarded an Amtrak train per day during all of the days in
fiscal year 2017 when the station was serviced by Amtrak,
regardless of the number of Amtrak trains servicing the station
per day.
``(2) Exception.--Paragraph (1) shall not apply to any station
building in which a commuter rail ticket agent has the authority to
sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-DISTANCE
ROUTES AND OTHER INTERCITY SERVICES.
(a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title
49, United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(I) any change made to a route's or service's frequency
or station stops;''.
(b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (L) as
subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) a detailed description of any plans to permanently
change a route's or service's frequency or station stops for
the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
Section 24317 of title 49, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and costs among Amtrak
business lines'' and inserting ``, including Federal grant funds,
and costs among Amtrak service lines'';
(2) by amending subsection (b) to read as follows:
``(b) Account Structure.--
``(1) In general.--The Secretary of Transportation, in
consultation with Amtrak, shall define, maintain, and periodically
update an account structure and improvements to accounting
methodologies, as necessary, to support the Northeast Corridor and
the National Network.
``(2) Notification of substantive changes.--The Secretary shall
notify the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Appropriations of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Appropriations of the House
of Representatives regarding any substantive changes made to the
account structure, including changes to--
``(A) the service lines described in section 24320(b)(1);
and
``(B) the asset lines described in section 24320(c)(1).'';
(3) in subsection (c), in the matter preceding paragraph (1),
by inserting ``, maintaining, and updating'' after ``defining'';
(4) in subsection (d), in the matter preceding paragraph (1),
by inserting ``, maintaining, and updating'' after ``defining'';
(5) by amending subsection (e) to read as follows:
``(e) Implementation and Reporting.--
``(1) In general.--Amtrak, in consultation with the Secretary
of Transportation, shall maintain and implement any account
structures and improvements defined under subsection (b) to enable
Amtrak to produce sources and uses statements for each of the
service lines described in section 24320(b)(1) and, as appropriate,
each of the asset lines described in section 24320(c)(1), that
identify sources and uses of revenues, appropriations, and
transfers between accounts.
``(2) Updated sources and uses statements.--Not later than 30
days after the implementation of subsection (b), and monthly
thereafter, Amtrak shall submit to the Secretary of Transportation
updated sources and uses statements for each of the service lines
and asset lines referred to in paragraph (1). The Secretary and
Amtrak may agree to a different frequency of reporting.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
(a) Allocation of Costs and Revenues.--Section 24318(a) of title
49, United States Code, is amended by striking ``Not later than 180
days after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015,''.
(b) Grant Process and Reporting.--Section 24319 of title 49, United
States Code, is amended--
(1) in the section heading, by inserting ``and reporting''
after ``process'';
(2) by amending subsection (a) to read as follows:
``(a) Procedures for Grant Requests.--The Secretary of
Transportation shall--
``(1) establish and maintain substantive and procedural
requirements, including schedules, for grant requests under this
section; and
``(2) report any changes to such procedures to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Appropriations of the Senate;
``(C) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(D) the Committee on Appropriations of the House of
Representatives.'';
(3) in subsection (b), by striking ``grant requests'' and
inserting ``a grant request annually, or as additionally
required,'';
(4) by amending subsection (c) to read as follows:
``(c) Contents.--
``(1) In general.--Each grant request under subsection (b)
shall, as applicable--
``(A) categorize and identify, by source, the Federal funds
and program income that will be used for the upcoming fiscal
year for each of the Northeast Corridor and National Network in
1 of the categories or subcategories set forth in paragraph
(2);
``(B) describe the operations, services, programs,
projects, and other activities to be funded within each of the
categories set forth in paragraph (2), including--
``(i) the estimated scope, schedule, and budget
necessary to complete each project and program; and
``(ii) the performance measures used to quantify
expected and actual project outcomes and benefits,
aggregated by fiscal year, project milestone, and any other
appropriate grouping; and
``(C) describe the status of efforts to improve Amtrak's
safety culture.
``(2) Grant categories.--
``(A) Operating expenses.--Each grant request to use
Federal funds for operating expenses shall--
``(i) include estimated net operating costs not covered
by other Amtrak revenue sources;
``(ii) specify Federal funding requested for each
service line described in section 24320(b)(1); and
``(iii) be itemized by route.
``(B) Debt service.--A grant request to use Federal funds
for expenses related to debt, including payment of principle
and interest, as allowed under section 205 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110-
432; 49 U.S.C. 24101 note).
``(C) Capital.--A grant request to use Federal funds and
program income for capital expenses shall include capital
projects and programs primarily associated with--
``(i) normalized capital replacement programs,
including regularly recurring work programs implemented on
a systematic basis on classes of physical railroad assets,
such as track, structures, electric traction and power
systems, rolling stock, and communications and signal
systems, to maintain and sustain the condition and
performance of such assets to support continued railroad
operations;
``(ii) improvement projects to support service and
safety enhancements, including discrete projects
implemented in accordance with a fixed scope, schedule, and
budget that result in enhanced or new infrastructure,
equipment, or facilities;
``(iii) backlog capital replacement projects, including
discrete projects implemented in accordance with a fixed
scope, schedule, and budget that primarily replace or
rehabilitate major infrastructure assets, including
tunnels, bridges, stations, and similar assets, to reduce
the state of good repair backlog on the Amtrak network;
``(iv) strategic initiative projects, including
discrete projects implemented in accordance with a fixed
scope, schedule, and budget that primarily improve overall
operational performance, lower costs, or otherwise improve
Amtrak's corporate efficiency; and
``(v) statutory, regulatory, or other legally mandated
projects, including discrete projects implemented in
accordance with a fixed scope, schedule, and budget that
enable Amtrak to fulfill specific legal or regulatory
mandates.
``(D) Contingency.--A grant request to use Federal funds
for operating and capital expense contingency shall include--
``(i) contingency levels for specified activities and
operations; and
``(ii) a process for the utilization of such
contingency.
``(3) Modification of categories.--The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery of
projects funded through grant requests under this section.'';
(5) in subsection (d)(1)(A)--
(A) by inserting ``complete'' after ``submits a'';
(B) by striking ``shall complete'' and inserting ``shall
finish''; and
(C) in clause (ii), by striking ``incomplete or'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and other activities to be funded by
the grant'' and inserting ``programs, projects, and other
activities to be funded by the grant, consistent with the
categories required for Amtrak in a grant request under
subsection (c)(1)(A)''; and
(ii) by striking ``or activities'' and inserting
``programs, projects, and other activities''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated, the following:
``(A) using an otherwise allowable approach to the method
prescribed for a specific project or category of projects under
paragraph (2) if the Secretary and Amtrak agree that a
different payment method is necessary to more successfully
implement and report on an operation, service, program,
project, or other activity;'';
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
``(h) Applicable Laws and Regulations.--
``(1) Single audit act of 1984.--Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a `non-Federal entity' for purposes of
chapter 75 of title 31.
``(2) Regulations and guidance.--The Secretary of
Transportation may apply some or all of the requirements set forth
in the regulations and guidance promulgated by the Secretary
relating to the management, administration, cost principles, and
audit requirements for Federal awards.
``(i) Amtrak Grant Reporting.--The Secretary of Transportation
shall determine the varying levels of detail and information that will
be included in reports for operations, services, program, projects,
program income, cash on hand, and other activities within each of the
grant categories described in subsection (c)(2).''.
(c) Conforming Amendments.--
(1) Reports and audits.--Section 24315(b)(1) of title 49,
United States Code, is amended--
(A) in subparagraph (A), by striking ``the goal of section
24902(b) of this title; and'' and inserting ``the goal
described in section 24902(a);'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall incorporate the category described in section
24319(c)(2)(C).''.
(2) Clerical amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by striking the item relating to
section 24319 and inserting the following:
``24319. Grant process and reporting.''.
SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
(a) In General.--Section 24320 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``business line and
asset plans'' and inserting ``service line and asset line plans'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of each year'' and inserting ``,
2020, and biennially thereafter'';
(ii) by striking ``5-year business line plans and 5-
year asset plans'' and inserting ``5-year service line
plans and 5-year asset line plans''; and
(iii) by adding at the end the following: ``During each
year in which Amtrak is not required to submit a plan under
this paragraph, Amtrak shall submit to Congress updated
financial sources and uses statements and forecasts with
the annual report required under section 24315(b).''; and
(B) in paragraph (2), by striking ``asset plan required
in'' and inserting ``asset line plan required under'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Business'' and
inserting ``Service'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Amtrak State-supported train services.'';
(iv) in subparagraph (C), by striking ``routes'' and
inserting ``train services''; and
(v) by adding at the end the following:
``(E) Infrastructure access services for use of Amtrak-
owned or Amtrak-controlled infrastructure and facilities.'';
(C) in paragraph (2)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) in subparagraph (A), by striking ``Strategic Plan
and 5-year asset plans'' and inserting ``5-year asset line
plans'';
(iv) in subparagraph (F) (as redesignated by section
22204(b)(1)), by striking ``profit and loss'' and inserting
``sources and uses'';
(v) by striking subparagraph (G) (as redesignated by
section 22204(b)(1));
(vi) by redesignating subparagraphs (H) through (M) (as
redesignated by section 22204(b)(1)) as subparagraphs (G)
through (L), respectively; and
(vii) by amending subparagraph (I) (as so redesignated)
to read as follows:
``(I) financial performance for each route, if deemed
applicable by the Secretary, within each service line,
including descriptions of the cash operating loss or
contribution;'';
(D) in paragraph (3)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) by redesignating subparagraphs (A), (B), (C), and
(D) as clauses (i), (ii), (iii), and (iv), respectively,
and moving such clauses 2 ems to the right;
(iv) by inserting before clause (i), as redesignated,
the following:
``(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation process
for the development of each service line plan that requires
Amtrak to--'';
(v) in subparagraph (A), as amended by clause (iv)--
(I) in clause (iii), as redesignated, by inserting
``and submit the final service line plan required under
subsection (a)(1) to the State-Supported Route
Committee'' before the semicolon at the end;
(II) in clause (iv), as redesignated, by inserting
``and'' after the semicolon at the end; and
(III) by adding at the end the following:
``(v) for the infrastructure access service line plan,
consult with the Northeast Corridor Commission and other
entities, as appropriate, and submit the final asset line
plan under subsection (a)(1) to the Northeast Corridor
Commission;''; and
(vi) by redesignating subparagraphs (E) and (F) as
subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph (5); and
(F) by inserting after paragraph (3)(C), as redesignated,
the following:
``(4) 5-year service line plans updates.--Amtrak may modify the
content to be included in the service line plans described in
paragraph (1), upon the approval of the Secretary, if the Secretary
determines that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and the
use of Federal funds by Amtrak.''; and
(4) in subsection (c)--
(A) in the subsection heading, by inserting ``Line'' after
``Asset'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``categories'' and inserting ``lines'';
(ii) in the matter preceding subparagraph (A), by
striking ``asset plan for each of the following asset
categories'' and inserting ``asset line plan for each of
the following asset lines'';
(iii) by redesignating subparagraphs (A), (B), (C), and
(D) as subparagraphs (B), (C), (D), and (E), respectively;
(iv) by inserting before subparagraph (B), as
redesignated, the following:
``(A) Transportation, including activities and resources
associated with the operation and movement of Amtrak trains,
onboard services, and amenities.'';
(v) in subparagraph (B), as redesignated, by inserting
``and maintenance-of-way equipment'' after ``facilities'';
and
(vi) in subparagraph (C), as redesignated, by striking
``Passenger rail equipment'' and inserting ``Equipment'';
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting ``line''
after ``asset'';
(ii) in the matter preceding subparagraph (A), by
inserting ``line'' after ``asset'';
(iii) in subparagraph (A), by striking ``category'' and
inserting ``line'';
(iv) in subparagraph (C)(iii)(III), by striking ``and''
at the end;
(v) by amending subparagraph (D) to read as follows:
``(D) annual sources and uses statements and forecasts for
each asset line; and''; and
(vi) by adding at the end the following:
``(E) other elements that Amtrak elects to include.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting ``line''
after ``asset'';
(ii) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) and moving such clauses 2 ems to the
right;
(iii) by inserting before clause (i), as redesignated,
the following:
``(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation process
for the development of each asset line plan that requires
Amtrak to--'';
(iv) in subparagraph (A), as added by clause (iii)--
(I) in clause (i), as redesignated--
(aa) by striking ``business'' each place such
term appears and inserting ``service'';
(bb) by inserting ``line'' after ``asset'' each
place such term appears; and
(cc) by adding ``and'' at the end; and
(II) in clause (ii), as redesignated--
(aa) by inserting ``consult with the Secretary
of Transportation in the development of asset line
plans and,'' before ``as applicable''; and
(bb) by inserting ``line'' after ``5-year
asset'';
(v) by redesignating subparagraph (C) as subparagraph
(B); and
(vi) in subparagraph (B), as redesignated, by striking
``category'' and inserting ``line'';
(E) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
``(4) 5-year asset line plan updates.--Amtrak may modify the
content to be included in the asset line plans described in
paragraph (1), on approval of the Secretary, if the Secretary
determines that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and the
use of Federal funds by Amtrak.'';
(G) in paragraph (5)(A), as redesignated, by inserting ``,
but shall not include corporate services (as defined pursuant
to section 24317(b))'' after ``national assets''; and
(H) in paragraph (7), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by striking the item relating to section
24320 and inserting the following:
``24320. Amtrak 5-year service line and asset line plans.''.
(c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
(1) by striking ``business'' each place such term appears and
inserting ``service''; and
(2) by inserting ``line'' after ``asset'' each place such term
appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
(a) In General.--Section 24305(c)(4) of title 49, United States
Code, is amended by striking ``only if revenues from the services each
year at least equal the cost of providing the services''.
(b) Food and Beverage Service Working Group.--
(1) In general.--Section 24321 of title 49, United States Code,
is amended to read as follows:
``Sec. 24321. Food and beverage service
``(a) Working Group.--
``(1) Establishment.--Not later than 180 days after enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
shall establish a working group to provide recommendations to
improve Amtrak's onboard food and beverage service.
``(2) Membership.--The working group shall consist of
individuals representing--
``(A) Amtrak;
``(B) the labor organizations representing Amtrak employees
who prepare or provide on-board food and beverage service;
``(C) nonprofit organizations representing Amtrak
passengers; and
``(D) States that are providing funding for State-supported
routes.
``(b) Report.--Not later than 1 year after the establishment of the
working group pursuant to subsection (a), the working group shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives containing
recommendations for improving Amtrak's food and beverage service,
including--
``(1) ways to improve the financial performance of Amtrak;
``(2) ways to increase and retain ridership;
``(3) the differing needs of passengers traveling on long-
distance routes, State supported routes, and the Northeast
Corridor;
``(4) Amtrak passenger survey data about the food and beverages
offered on Amtrak trains;
``(5) ways to incorporate local food and beverage items on
State-supported routes; and
``(6) any other issue that the working group determines to be
appropriate.
``(c) Implementation.--Not later than 180 days after the submission
of the report pursuant to subsection (b), Amtrak shall submit a plan
for implementing the recommendations of the working group, and an
explanation for any of the working group's recommendations it does not
agree with and does not plan on implementing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee
who held a position on a long-distance or Northeast Corridor route as
of the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, is involuntarily separated because of the
development and implementation of the plan required under this
section.''.
(2) Clerical amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by striking the item relating to
section 24321 and inserting the following:
``24321. Food and beverage service.''.
SEC. 22209. AMTRAK SMOKING POLICY.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
``(a) Prohibition.--Beginning on the date of enactment of this
section, Amtrak shall prohibit smoking, including the use of electronic
cigarettes, onboard all Amtrak trains.
``(b) Electronic Cigarette Defined.--In this section, the term
`electronic cigarette' means a device that delivers nicotine or other
substances to a user of the device in the form of a vapor that is
inhaled to simulate the experience of smoking.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by adding at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
Section 24706 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b) of this
section, at least 180 days'' and inserting ``subsection (c), not
later than 180 days'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Discontinuance or Substantial Alteration of Long-distance
Routes.--Except as provided in subsection (c), in an emergency, or
during maintenance or construction outages impacting Amtrak routes,
Amtrak may not discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any segment of any
long-distance route in any fiscal year in which Amtrak receives
adequate Federal funding for such route on the National Network.''; and
(4) by inserting after subsection (c), as redesignated, the
following:
``(d) Congressional Notification of Discontinuance.--Except as
provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice of
such discontinuance to all of the members of Congress representing any
State or district in which the discontinuance would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
(a) State-Supported Route Committee.--Section 24712(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary of Transportation shall establish'' and
inserting ``There is established''; and
(B) by inserting ``current and future'' before ``rail
operations'';
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Ability to conduct certain business.--If all of the
members of 1 voting bloc described in paragraph (3) abstain from a
Committee decision, agreement between the other 2 voting blocs
consistent with the procedures set forth in such paragraph shall be
deemed sufficient for purpose of achieving unanimous consent.'';
(4) in paragraph (5), as redesignated, in the matter preceding
subparagraph (A)--
(A) by striking ``convene a meeting and shall define and
implement'' and inserting ``define and periodically update'';
and
(B) by striking ``not later than 180 days after the date of
establishment of the Committee by the Secretary''; and
(5) in paragraph (7), as redesignated--
(A) in the paragraph heading, by striking ``allocation
methodology'' and inserting ``methodology policy'';
(B) in subparagraph (A), by striking ``allocation
methodology'' and inserting ``methodology policy'';
(C) by amending subparagraph (B) to read as follows:
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--Subject to
rules and procedures established pursuant to clause (iii),
not later than March 31, 2022, the Committee shall revise
and update the cost methodology policy required and
previously approved under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 20901
note). The Committee shall implement a revised cost
methodology policy during fiscal year 2023. Not later than
30 days after the adoption of the revised cost methodology
policy, the Committee shall submit a report documenting and
explaining any changes to the cost methodology policy and
plans for implementation of such policy, including a
description of the improvements to the accounting
information provided by Amtrak to the States, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The revised
cost methodology policy shall ensure that States will be
responsible for costs attributable to the provision of
service for their routes.
``(ii) Implementation impacts on federal funding.--To
the extent that a revision developed pursuant to clause (i)
assigns to Amtrak costs that were previously allocated to
States, Amtrak shall request with specificity such
additional funding in the general and legislative annual
report required under section 24315 or in any appropriate
subsequent Federal funding request for the fiscal year in
which the revised cost methodology policy will be
implemented.
``(iii) Procedures for changing methodology.--
Notwithstanding section 209(b) of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 20901
note), the rules and procedures implemented pursuant to
paragraph (5) shall include--
``(I) procedures for changing the cost methodology
policy in accordance with clause (i); and
``(II) procedures or broad guidelines for
conducting financial planning, including operating and
capital forecasting, reporting, data sharing, and
governance.'';
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by striking
``allocation methodology'' and inserting ``methodology
policy'';
(ii) in clause (i), by striking ``and'' at the end;
(iii) in clause (ii)--
(I) by striking ``allocate'' and inserting
``assign''; and
(II) by striking the period and inserting ``;
and''; and
(iv) by adding at the end the following:
``(iii) promote increased efficiency in Amtrak's
operating and capital activities.''; and
(E) by adding at the end the following:
``(D) Independent evaluation.--Not later than March 31 of
each year, the Committee shall ensure that an independent
entity selected by the Committee has completed an evaluation to
determine whether State payments for the most recently
concluded fiscal year are accurate and comply with the
applicable cost allocation methodology.''.
(b) Invoices and Reports.--Section 24712(b) of title 49, United
States Code, is amended to read as follows:
``(b) Invoices and Reports.--
``(1) Invoices.--Amtrak shall provide monthly invoices to the
Committee and to each State that sponsors a State-supported route
that identify the operating costs for such route, including fixed
costs and third-party costs.
``(2) Reports.--
``(A) In general.--The Committee shall determine the
frequency and contents of--
``(i) the financial and performance reports that Amtrak
is required to provide to the Committee and the States; and
``(ii) the planning and demand reports that the States
are required to provide to the Committee and Amtrak.
``(B) Monthly statistical report.--
``(i) Development.--Consistent with the revisions to
the policy required under subsection (a)(7)(B), the
Committee shall develop a report that contains the general
ledger data and operating statistics from Amtrak's
accounting systems used to calculate payments to States.
``(ii) Provision of necessary data.--Not later than 30
days after the last day of each month, Amtrak shall provide
to the States and to the Committee the necessary data to
complete the report developed pursuant to clause (i) for
such month.''.
(c) Dispute Resolution.--Section 24712(c) of title 49, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(a)(4)'' and inserting ``(a)(5)''; and
(B) by striking ``(a)(6)'' and inserting ``(a)(7)''; and
(2) in paragraph (4), by inserting ``related to a State-
supported route that a State sponsors that is'' after ``amount''.
(d) Performance Metrics.--Section 24712(e) of title 49, United
States Code, is amended by inserting ``, including incentives to
increase revenue, reduce costs, finalize contracts by the beginning of
the fiscal year, and require States to promptly make payments for
services delivered'' before the period at the end.
(e) Statement of Goals and Objectives.--Section 24712(f) of title
49, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and review and update,
as necessary,'' after ``shall develop'';
(2) in paragraph (2), by striking ``Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement'' and inserting ``As applicable, based on updates, the
Committee shall submit an updated statement''; and
(3) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress that--
``(A) the Committee shall be the forum where Amtrak and the
States collaborate on the planning, improvement, and
development of corridor routes across the National Network; and
``(B) such collaboration should include regular
consultation with interstate rail compact parties and other
regional planning organizations that address passenger rail.''.
(f) Other Reforms Related to State-supported Routes.--Section 24712
of title 49, United States Code, as amended by subsections (a) through
(e), is further amended--
(1) by redesignating subsections (g) and (h) as subsections (k)
and (l), respectively; and
(2) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported route,
Amtrak shall consult with--
``(A) the State or States and local municipalities through
which such new service would operate;
``(B) commuter authorities and regional transportation
authorities in the areas that would be served by the planned
route;
``(C) host railroads;
``(D) the Administrator of the Federal Railroad
Administration; and
``(E) other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other provision
of law, before beginning construction necessary for, or beginning
operation of, a State-supported route that is initiated on or after
the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, Amtrak shall enter into a memorandum of
understanding, or otherwise secure an agreement, with each State
that would be providing funding for such route for sharing--
``(A) ongoing operating costs and capital costs in
accordance with the cost methodology policy referred to in
subsection (a)(7) then in effect; or
``(B) ongoing operating costs and capital costs in
accordance with the maximum funding limitations described in
section 22908(e).
``(3) Application of terms.--In this subsection, the terms
`capital costs' and `operating costs' shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
``(h) Cost Methodology Policy Update Implementation Report.--Not
later than 18 months after the updated cost methodology policy required
under subsection (a)(7)(B) is implemented, the Committee shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that assesses the implementation of the
updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak
shall--
``(1) not later than 120 days before the submission of the
general and legislative annual report required under section
24315(b), consult with the Committee and any additional States
through which a State-supported route may operate regarding any
proposed changes to such route; and
``(2) include in such report an update of any planned or
proposed changes to State-supported routes, including the
introduction of new State-supported routes, including--
``(A) the timeframe in which such changes would take
effect; and
``(B) whether Amtrak has entered into commitments with the
affected States pursuant subsection (g)(2).
``(j) Economic Analysis.--Not later than 3 years after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Committee shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
``(1) describes the role of the State-supported routes in
economic development; and
``(2) examines the impacts of the State-supported routes on
local station areas, job creation, transportation efficiency, State
economies, and the national economy.''.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak, after consultation with the Secretary, the
Secretary of Homeland Security, relevant State departments of
transportation, Canadian governmental agencies and entities, and owners
of the relevant rail infrastructure and facilities, shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives regarding enhancing Amtrak passenger rail
service between the United States and Canada that--
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration inspections
in both the United States and Canada; and
(2) includes recommendations to improve such cross border
service, including the feasibility of and costs associated with a
preclearance facility or facilities.
(b) Assistance and Support.--The Secretary, the Secretary of State,
and the Secretary of Homeland Security may provide assistance and
support requested by Amtrak that is necessary to carry out this
section, as determined appropriate by the respective Secretary.
SEC. 22213. CREATING QUALITY JOBS.
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24312 note) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Furloughed Work.--Amtrak may not contract out work within the
classification of work performed by an employee in a bargaining unit
covered by a collective bargaining agreement entered into between
Amtrak and an organization representing Amtrak employees during the
period such employee has been laid off and has not been recalled to
perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting out
work covered by an agreement entered into between Amtrak and an
organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing Amtrak
employees from entering into an agreement that allows for
contracting out the work of a furloughed employee that would
otherwise be prohibited under subsection (d).''.
SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
(a) In General.--The Secretary shall conduct a study to evaluate
the restoration of daily intercity rail passenger service along--
(1) any Amtrak long-distance routes that, as of the date of
enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date of
enactment of this Act, occur on a nondaily basis.
(b) Inclusions.--The study under subsection (a) shall--
(1) evaluate all options for restoring or enhancing to daily-
basis intercity rail passenger service along each Amtrak route
described in that subsection;
(2) select a preferred option for restoring or enhancing the
service described in paragraph (1);
(3) develop a prioritized inventory of capital projects and
other actions that are required to restore or enhance the service
described in paragraph (1), including cost estimates for those
projects and actions;
(4) develop recommendations for methods by which Amtrak could
work with local communities and organizations to develop activities
and programs to continuously improve public use of intercity
passenger rail service along each route; and
(5) identify Federal and non-Federal funding sources required
to restore or enhance the service described in paragraph (1),
including--
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service; and
(B) options for entering into public-private partnerships
to restore that service.
(c) Other Factors When Considering Expansions.--In evaluating
intercity passenger rail routes under this section, the Secretary may
evaluate potential new Amtrak long-distance routes, including with
specific attention provided to routes in service as of April 1971 but
not continued by Amtrak, taking into consideration whether those new
routes would--
(1) link and serve large and small communities as part of a
regional rail network;
(2) advance the economic and social well-being of rural areas
of the United States;
(3) provide enhanced connectivity for the national long-
distance passenger rail system; and
(4) reflect public engagement and local and regional support
for restored passenger rail service.
(d) Consultation.--In conducting the study under this section, the
Secretary shall consult, through working groups or other forums as the
Secretary determines to be appropriate, with--
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by the
Secretary;
(4) host railroad carriers the tracks of which may be used for
a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and federally
recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) the estimated costs and public benefits of restoring or
enhancing intercity rail passenger transportation in the region
impacted for each relevant Amtrak route; and
(5) any other information the Secretary determines to be
appropriate.
(f) Funding.--There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry out the
consultations required by subsection (d)--
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.
Subtitle C--Intercity Passenger Rail Policy
SEC. 22301. NORTHEAST CORRIDOR PLANNING.
Section 24904 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(3) by inserting before subsection (c), as redesignated, the
following:
``(a) Northeast Corridor Service Development Plan.--
``(1) In general.--Not later than March 31, 2022, the Northeast
Corridor Commission established under section 24905 (referred to in
this section as the `Commission') shall submit a service
development plan to Congress.
``(2) Contents.--The plan required under paragraph (1) shall--
``(A) identify key state-of-good-repair, capacity
expansion, and capital improvement projects planned for the
Northeast Corridor;
``(B) provide a coordinated and consensus-based plan
covering a 15-year period;
``(C) identify service objectives and the capital
investments required to meet such objectives;
``(D) provide a delivery-constrained strategy that
identifies--
``(i) capital investment phasing;
``(ii) an evaluation of workforce needs; and
``(iii) strategies for managing resources and
mitigating construction impacts on operations; and
``(E) include a financial strategy that identifies funding
needs and potential funding sources.
``(3) Updates.--The Commission shall update the service
development plan not less frequently than once every 5 years.
``(b) Northeast Corridor Capital Investment Plan.--
``(1) In general.--Not later than November 1 of each year, the
Commission shall--
``(A) develop an annual capital investment plan for the
Northeast Corridor; and
``(B) submit the capital investment plan to--
``(i) the Secretary of Transportation;
``(ii) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) Contents.--The plan required under paragraph (1) shall--
``(A) reflect coordination across the entire Northeast
Corridor;
``(B) integrate the individual capital plans developed by
Amtrak, States, and commuter authorities in accordance with the
cost allocation policy developed and approved under section
24905(c);
``(C) cover a period of 5 fiscal years, beginning with the
fiscal year during which the plan is submitted;
``(D) notwithstanding section 24902(b), document the
projects and programs being undertaken to advance the service
objectives and capital investments identified in the Northeast
Corridor service development plan developed under subsection
(a), and the asset condition needs identified in the Northeast
Corridor asset management plans, after considering--
``(i) the benefits and costs of capital investments in
the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) Federal and non-Federal funding availability;
``(E) categorize capital projects and programs as primarily
associated with 1 of the categories listed under section
24319(c)(2)(C);
``(F) identify capital projects and programs that are
associated with more than 1 category described in subparagraph
(E); and
``(G) include a financial plan that identifies--
``(i) funding sources and financing methods;
``(ii) the status of cost sharing agreements pursuant
to the cost allocation policy developed under section
24905(c);
``(iii) the projects and programs that the Commission
expects will receive Federal financial assistance; and
``(iv) the eligible entity or entities that the
Commission expects--
``(I) to receive the Federal financial assistance
referred to in clause (iii); and
``(II) to implement each capital project.
``(3) Review and coordination.--The Commission shall require
that the information described in paragraph (2) be submitted in a
timely manner to allow for a reasonable period of review by, and
coordination with, affected agencies before the Commission submits
the capital investment plan pursuant to paragraph (1).'';
(4) in subsection (c), as redesignated, by striking ``spent
only on--'' and all that follows and inserting ``spent only on
capital projects and programs contained in the Commission's capital
investment plan for the prior fiscal year.''; and
(5) by amending subsection (d), as redesignated, to read as
follows:
``(d) Northeast Corridor Capital Asset Management System.--
``(1) In general.--Amtrak and other infrastructure owners that
provide or support intercity rail passenger transportation along
the Northeast Corridor shall develop an asset management system and
use and update such system, as necessary, to develop submissions to
the Northeast Corridor capital investment plan described in
subsection (b).
``(2) Features.--The system required under paragraph (1) shall
develop submissions that--
``(A) are consistent with the transit asset management
system (as defined in section 5326(a)(3)); and
``(B) include--
``(i) an inventory of all capital assets owned by the
developer of the plan;
``(ii) an assessment of condition of such capital
assets;
``(iii) a description of the resources and processes
that will be necessary to bring or to maintain such capital
assets in a state of good repair; and
``(iv) a description of changes in the condition of
such capital assets since the submission of the prior
version of the plan.''.
SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(D), by inserting ``authorities'' after
``carriers'';
(2) in subsection (b)(3)(B)--
(A) in clause (i)--
(i) by inserting ``, including ridership trends,''
after ``transportation''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii)--
(i) by inserting ``first year of the'' after ``the
delivery of the''; and
(ii) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and eliminating the
state-of-good-repair backlog.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``Development
of policy'' and inserting ``Policy'';
(ii) in subparagraph (A), by striking ``develop a
standardized policy'' and inserting ``develop and maintain
the standardized policy first approved on September 17,
2015, and update, as appropriate,'';
(iii) by amending subparagraph (B) to read as follows:
``(B) develop timetables for implementing and maintaining
the policy;'';
(iv) in subparagraph (C), by striking ``the policy and
the timetable'' and inserting ``updates to the policy and
timetables''; and
(v) by amending subparagraph (D) to read as follows:
``(D) support the efforts of the members of the Commission
to implement the policy in accordance with the timetables
developed pursuant to subparagraph (B);'';
(B) by amending paragraph (2) to read as follows:
``(2) Implementation.--
``(A) In general.--In accordance with the timetables
developed pursuant to paragraph (1)(B), Amtrak and commuter
authorities on the Northeast Corridor shall implement the
policy developed under paragraph (1) in their agreements for
usage of facilities or services.
``(B) Effect of failure to implement or comply with
policy.--If the entities referred to in subparagraph (A) fail
to implement the policy in accordance with paragraph (1)(D) or
fail to comply with the policy thereafter, the Surface
Transportation Board shall--
``(i) determine the appropriate compensation in
accordance with the procedures and procedural schedule
applicable to a proceeding under section 24903(c), after
taking into consideration the policy developed under
paragraph (1); and
``(ii) enforce its determination on the party or
parties involved.''; and
(C) in paragraph (4), by striking ``public authorities
providing commuter rail passenger transportation'' and
inserting ``commuter authorities''; and
(4) in subsection (d)--
(A) by striking ``2016 through 2020'' and inserting ``2022
through 2026''; and
(B) by striking ``section 11101(g) of the Passenger Rail
Reform and Investment Act of 2015'' and inserting ``section
22101(e) of the Passenger Rail Expansion and Rail Safety Act of
2021''.
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Section 22907 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including the
District of Columbia)'' after ``State'';
(B) in paragraph (6), by inserting ``rail carrier and
intercity rail passenger transportation are'' before
``defined'';
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
``(8) An association representing 1 or more railroads described
in paragraph (7).'';
``(9) A federally recognized Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (3), by adding ``or safety'' after
``congestion'';
(B) in paragraph (6), by striking ``and'' and inserting
``or'';
(C) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively;
(D) by inserting after paragraph (10) the following:
``(11) The development and implementation of measures to
prevent trespassing and reduce associated injuries and
fatalities.''; and
(E) by inserting after paragraph (13), as redesignated, the
following:
``(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-pressure
environment.
``(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
``(16) Rehabilitating, remanufacturing, procuring, or
overhauling locomotives, provided that such activities result in a
significant reduction of emissions.''; and
(3) in subsection (h), by adding at the end the following:
``(4) Grade crossing and trespassing projects.--Applicants may
use costs incurred previously for preliminary engineering
associated with highway-rail grade crossing improvement projects
under subsection (c)(5) and trespassing prevention projects under
subsection (c)(11) to satisfy the non-Federal share
requirements.''.
(b) Rule of Construction.--The amendments made by subsection (a)
may not be construed to affect any grant, including any application for
a grant, made under section 22907 of title 49, United States Code,
before the date of enactment of this Act.
(c) Technical Correction.--
(1) In general.--Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ``, including highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing,'' after ``under
chapter 227''.
(2) Applicability.--The amendment made by paragraph (1) shall
apply to amounts remaining under section 22907(l) of title 49,
United States Code, from appropriations for prior fiscal years.
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
Section 22908 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Applicant.--Notwithstanding section 22901(1), the term
`applicant' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an entity implementing an interstate compact;
``(D) a public agency or publicly chartered authority
established by 1 or more States;
``(E) a political subdivision of a State;
``(F) a federally recognized Indian Tribe;
``(G) Amtrak or another rail carrier that provides
intercity rail passenger transportation;
``(H) any rail carrier in partnership with at least 1 of
the entities described in subparagraphs (A) through (F); and
``(I) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Operating assistance.--The term `operating assistance',
with respect to any route subject to section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110-432),
means any cost allocated, or that may be allocated, to a route
pursuant to the cost methodology established under such section or
under section 24712.'';
(2) in subsection (c)(3), by striking ``3 years'' each place
such term appears and inserting ``6 years'';
(3) in subsection (d)--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) for routes selected under the Corridor Identification
and Development Program and operated by Amtrak.''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``assistance''; and
(ii) by striking ``3 years'' and inserting ``6 years
(including for any such routes selected for funding before
the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021)''; and
(B) in paragraph (3), by striking subparagraphs (A), (B),
and (C) and inserting the following:
``(A) 90 percent of the projected net operating costs for
the first year of service;
``(B) 80 percent of the projected net operating costs for
the second year of service;
``(C) 70 percent of the projected net operating costs for
the third year of service;
``(D) 60 percent of the projected net operating costs for
the fourth year of service;
``(E) 50 percent of the projected net operating costs for
the fifth year of service; and
``(F) 30 percent of the projected net operating costs for
the sixth year of service.''.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
``(a) In General.--The Secretary of Transportation, in cooperation
with the Administrator of the Federal Railroad Administration, shall
establish a competitive grant program (referred to in this section as
the `Program') under which the Secretary shall award grants to eligible
recipients described in subsection (c) for highway-rail or pathway-rail
grade crossing improvement projects that focus on improving the safety
and mobility of people and goods.
``(b) Goals.--The goals of the Program are--
``(1) to eliminate highway-rail grade crossings that are
frequently blocked by trains;
``(2) to improve the health and safety of communities;
``(3) to reduce the impacts that freight movement and railroad
operations may have on underserved communities; and
``(4) to improve the mobility of people and goods.
``(c) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State, including the District of Columbia, Puerto Rico,
and other United States territories and possessions.
``(2) A political subdivision of a State.
``(3) A federally recognized Indian Tribe.
``(4) A unit of local government or a group of local
governments.
``(5) A public port authority.
``(6) A metropolitan planning organization.
``(7) A group of entities described in any of paragraphs (1)
through (6).
``(d) Eligible Projects.--The Secretary may award a grant under the
Program for a highway-rail or pathway-rail grade crossing improvement
project (including acquiring real property interests) involving--
``(1) grade separation or closure, including through the use of
a bridge, embankment, tunnel, or combination thereof;
``(2) track relocation;
``(3) the improvement or installation of protective devices,
signals, signs, or other measures to improve safety, provided that
such activities are related to a separation or relocation project
described in paragraph (1) or (2);
``(4) other means to improve the safety and mobility of people
and goods at highway-rail grade crossings (including technological
solutions);
``(5) a group of related projects described in paragraphs (1)
through (4) that would collectively improve the mobility of people
and goods; or
``(6) the planning, environmental review, and design of an
eligible project described in paragraphs (1) through (5).
``(e) Application Process.--
``(1) In general.--An eligible entity seeking a grant under the
Program shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary
may require.
``(2) Railroad approvals.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall require applicants to obtain the necessary
approvals from any impacted rail carriers or real property
owners before proceeding with the construction of a project
funded by a grant under the Program.
``(B) Exception.--The requirement under subparagraph (A)
shall not apply to planning projects described in subsection
(d)(6) if the applicant agrees to work collaboratively with
rail carriers and right-of-way owners.
``(f) Project Selection Criteria.--
``(1) In general.--In awarding grants under the Program, the
Secretary shall evaluate the extent to which proposed projects
would--
``(A) improve safety at highway-rail or pathway-rail grade
crossings;
``(B) grade separate, eliminate, or close highway-rail or
pathway-rail grade crossings;
``(C) improve the mobility of people and goods;
``(D) reduce emissions, protect the environment, and
provide community benefits, including noise reduction;
``(E) improve access to emergency services;
``(F) provide economic benefits; and
``(G) improve access to communities separated by rail
crossings.
``(2) Additional considerations.--In awarding grants under the
Program, the Secretary shall consider--
``(A) the degree to which the proposed project will use--
``(i) innovative technologies;
``(ii) innovative design and construction techniques;
or
``(iii) construction materials that reduce greenhouse
gas emissions;
``(B) the applicant's planned use of contracting incentives
to employ local labor, to the extent permissible under Federal
law;
``(C) whether the proposed project will improve the
mobility of--
``(i) multiple modes of transportation, including
ingress and egress from freight facilities; or
``(ii) users of nonvehicular modes of transportation,
such as pedestrians, bicyclists, and public transportation;
``(D) whether the proposed project is identified in--
``(i) the freight investment plan component of a State
freight plan, as required under section 70202(b)(9);
``(ii) a State rail plan prepared in accordance with
chapter 227; or
``(iii) a State highway-rail grade crossing action
plan, as required under section 11401(b) of the Passenger
Rail Reform and Investment Act of 2015 (title XI of Public
Law 114-94); and
``(E) the level of financial support provided by impacted
rail carriers.
``(3) Award distribution.--In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
``(A) Grant funds.--Not less than 20 percent of the grant
funds available for the Program in any fiscal year shall be
reserved for projects located in rural areas or on Tribal
lands. The requirement under section 22907(l), which applies to
this section, shall not apply to grant funds reserved
specifically under this subparagraph. Not less than 5 percent
of the grant funds reserved under this subparagraph shall be
reserved for projects in counties with 20 or fewer residents
per square mile, according to the most recent decennial census,
provided that sufficient eligible applications have been
submitted.
``(B) Planning grants.--Not less than 25 percent of the
grant funds set aside for planning projects in any fiscal year
pursuant to section 22104(b) of the Passenger Rail Expansion
and Rail Safety Act of 2021 shall be awarded for projects
located in rural areas or on tribal lands.
``(C) State limitation.--Not more than 20 percent of the
grant funds available for the Program in any fiscal year may be
selected for projects in any single State.
``(D) Minimum size.--No grant awarded under this section
shall be for less than $1,000,000, except for a planning grant
described in subsection (d)(6).
``(g) Cost Share.--Except as provided in paragraph (2), the Federal
share of the cost of a project carried out using a grant under the
Program may not exceed 80 percent of the total cost of the project.
Applicants may count costs incurred for preliminary engineering
associated with highway-rail and pathway-rail grade crossing
improvement projects as part of the total project costs.
``(h) Congressional Notification.--Not later than 3 days before
awarding a grant for a project under the Program, the Secretary shall
submit written notification of the proposed grant to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives,
which shall include--
``(1) a summary of the project; and
``(2) the amount of the proposed grant award.
``(i) Annual Report.--Not later than 60 days after each round of
award notifications, the Secretary shall post, on the public website of
the Department of Transportation--
``(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current fiscal
year;
``(2) a list of the grant recipients and projects that received
grant funding under the Program during such fiscal year; and
``(3) a list of the proposed projects and applicants that were
determined to be ineligible.
``(j) Commuter Rail Eligibility and Grant Conditions.--
``(1) In general.--Section 22905(f) shall not apply to grants
awarded under this section for commuter rail passenger
transportation projects.
``(2) Administration of funds.--The Secretary of Transportation
shall transfer amounts awarded under this section for commuter rail
passenger transportation projects to the Federal Transit
Administration, which shall administer such funds in accordance
with chapter 53.
``(3) Protective arrangements.--
``(A) In general.--Notwithstanding paragraph (2) and
section 22905(e)(1), as a condition of receiving a grant under
this section, any employee covered by the Railway Labor Act (45
U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45
U.S.C. 231 et seq.) who is adversely affected by actions taken
in connection with the project financed in whole or in part by
such grant shall be covered by employee protective arrangements
required to be established under section 22905(c)(2)(B).
``(B) Implementation.--A grant recipient under this
section, and the successors, assigns, and contractors of such
grant recipient--
``(i) shall be bound by the employee protective
arrangements required under subparagraph (A); and
``(ii) shall be responsible for the implementation of
such arrangements and for the obligations under such
arrangements, but may arrange for another entity to take
initial responsibility for compliance with the conditions
of such arrangement.
``(k) Defined Term.--In this section, the term `rural area' means
any area that is not within an area designated as an urbanized area by
the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Railroad Crossing Elimination Program.''.
SEC. 22306. INTERSTATE RAIL COMPACTS.
(a) In General.--Chapter 229 of title 49, United States Code (as
amended by section 22305(a)), is further amended by adding at the end
the following:
``Sec. 22910. Interstate Rail Compacts Grant Program
``(a) Grants Authorized.--The Secretary of Transportation shall
establish a competitive grant program to provide financial assistance
to entities implementing interstate rail compacts pursuant to section
410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
24101 note) for--
``(1) costs of administration;
``(2) systems planning, including studying the impacts on
freight rail operations and ridership;
``(3) promotion of intercity passenger rail operation;
``(4) preparation of applications for competitive Federal grant
programs; and
``(5) operations coordination.
``(b) Maximum Amount.--The Secretary may not award a grant under
this section in an amount exceeding $1,000,000 per year.
``(c) Selection Criteria.--In selecting a recipient of a grant for
an eligible project under this section, the Secretary shall consider--
``(1) the amount of funding received (including funding from a
rail carrier (as defined in section 24102)) or other participation
by State, local, and regional governments and the private sector;
``(2) the applicant's work to foster economic development
through rail service, particularly in rural communities;
``(3) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes described in
section 11304(a) of the Passenger Rail Reform and Investment Act of
2015 (title XI of division A of Public Law 114-94);
``(4) the applicant's dedication to providing intercity
passenger rail service to regions and communities that are
underserved or not served by other intercity public transportation;
``(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of intercity
passenger rail service;
``(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding environmental
analysis; and
``(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or facilitate
service integration between rail service and other modes, including
between intercity passenger rail service and intercity bus service
or commercial air service.
``(d) Numerical Limitation.--The Secretary may not award grants
under this section for more than 10 interstate rail compacts in any
fiscal year.
``(e) Operator Limitation.--The Secretary may only award grants
under this section to applicants with eligible expenses related to
intercity passenger rail service to be operated by Amtrak.
``(f) Non-Federal Match.--The Secretary shall require each
recipient of a grant under this section to provide a non-Federal match
of not less than 50 percent of the eligible expenses of carrying out
the interstate rail compact under this section.
``(g) Report.--Not later than 3 years after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021, the
Secretary, after consultation with grant recipients under this section,
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that describes--
``(1) the implementation of this section;
``(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
``(3) the plans of grant recipients for continued
implementation of the interstate rail compacts;
``(4) the status of, and data regarding, any new, restored, or
enhanced rail services initiated under the interstate rail
compacts; and
``(5) any legislative recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code (as amended by section 22305(b)), is amended by
adding at the end the following:
``22910. Interstate Rail Compacts Grant Program.''.
(c) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--
(1) in subsection (b)(2), by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Notification Requirement.--Any State that enters into an
interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60 days
after it is formed. The failure of any State to notify the Secretary
under this subsection shall not affect the status of the interstate
compact.
``(d) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a list of
interstate rail compacts established under subsection (a) before
the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021 and interstate rail compacts established after
such date; and
``(2) make information regarding interstate rail compacts
available to the public, including how States may establish
interstate rail compacts under subsection (a), and update such
information, as necessary.''.
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--Section 24911 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``for state of good
repair'' and inserting ``for intercity passenger rail'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking ``or'' at the end;
(ii) by redesignating subsection (G) as subsection (H);
(iii) by inserting after subparagraph (F), the
following:
``(G) a federally recognized Indian Tribe; or''; and
(iv) in subsection (H), as redesignated, by striking
``(F)'' and inserting ``(G)'';
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(3) in subsection (b), by striking ``with respect to qualified
railroad assets'' and inserting ``, improve performance, or expand
or establish new intercity passenger rail service, including
privately operated intercity passenger rail service if an eligible
applicant is involved;'';
(4) by striking subsections (c) through (e) and inserting the
following:
``(c) Eligible Projects.--The following capital projects, including
acquisition of real property interests, are eligible to receive grants
under this section:
``(1) A project to replace, rehabilitate, or repair
infrastructure, equipment, or a facility used for providing
intercity passenger rail service to bring such assets into a state
of good repair.
``(2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train
frequencies, higher operating speeds, improved reliability,
expanded capacity, reduced congestion, electrification, and other
improvements, as determined by the Secretary.
``(3) A project to expand or establish new intercity passenger
rail service.
``(4) A group of related projects described in paragraphs (1)
through (3).
``(5) The planning, environmental studies, and final design for
a project or group of projects described in paragraphs (1) through
(4).
``(d) Project Selection Criteria.--In selecting a project for
funding under this section--
``(1) for projects located on the Northeast Corridor, the
Secretary shall--
``(A) make selections consistent with the Northeast
Corridor Project Inventory published pursuant to subsection
(e)(1), unless when necessary to address materially changed
infrastructure or service conditions, changes in project
sponsor capabilities or commitments, or other significant
changes since the completion of the most recently issued
Northeast Corridor Project Inventory; and
``(B) for projects that benefit intercity and commuter rail
services, only make such selections when Amtrak and the public
authorities providing commuter rail passenger transportation at
the eligible project location--
``(i) are in compliance with section 24905(c)(2); and
``(ii) identify funding for the intercity passenger
rail share, the commuter rail share, and the local share of
the eligible project before the commencement of the
project;
``(2) for projects not located on the Northeast Corridor, the
Secretary shall--
``(A) give preference to eligible projects--
``(i) for which Amtrak is not the sole applicant;
``(ii) that improve the financial performance,
reliability, service frequency, or address the state of
good repair of an Amtrak route; and
``(iii) that are identified in, and consistent with, a
corridor inventory prepared under the Corridor
Identification and Development Program pursuant to section
25101; and
``(B) take into account--
``(i) the cost-benefit analysis of the proposed
project, including anticipated private and public benefits
relative to the costs of the proposed project, including--
``(I) effects on system and service performance,
including as measured by applicable metrics set forth
in part 273 of title 49, Code of Federal Regulations
(or successor regulations);
``(II) effects on safety, competitiveness,
reliability, trip or transit time, greenhouse gas
emissions, and resilience;
``(III) anticipated positive economic and
employment impacts, including development in areas near
passenger stations, historic districts, or other
opportunity zones;
``(IV) efficiencies from improved connections with
other modes; and
``(V) ability to meet existing or anticipated
demand;
``(ii) the degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or operation
of the proposed project;
``(iii) the applicant's past performance in developing
and delivering similar projects, and previous financial
contributions;
``(iv) whether the applicant has, or will have--
``(I) the legal, financial, and technical capacity
to carry out the project;
``(II) satisfactory continuing access to the
equipment or facilities; and
``(III) the capability and willingness to maintain
the equipment or facilities;
``(v) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or otherwise required by law;
``(vi) whether the proposed project serves historically
unconnected or underconnected communities; and
``(vii) any other relevant factors, as determined by
the Secretary; and
``(3) the Secretary shall reserve--
``(A) not less than 45 percent of the amounts appropriated
for grants under this section for projects not located along
the Northeast Corridor, of which not less than 20 percent shall
be for projects that benefit (in whole or in part) a long-
distance route; and
``(B) not less than 45 percent of the amounts appropriated
for grants under this section for projects listed on the
Northeast Corridor project inventory published pursuant to
subsection (e)(1).
``(e) Long-term Planning.--Not later than 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
and every 2 years thereafter, the Secretary shall create a predictable
project pipeline that will assist Amtrak, States, and the public with
long-term capital planning by publishing a Northeast Corridor project
inventory that--
``(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under this
section;
``(2) specifies the order in which the Secretary will provide
grant funding to projects that have identified sponsors and are
located along the Northeast Corridor, including a method and plan
for apportioning funds to project sponsors for the 2-year period,
which may be altered by the Secretary, as necessary, if recipients
are not carrying out projects in accordance with the anticipated
schedule;
``(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
``(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years based on information
currently available to the Secretary; and
``(6) is developed in consultation with the Northeast Corridor
Commission and the owners of Northeast Corridor infrastructure and
facilities.'';
(5) in subsection (f)(2), by inserting ``, except as specified
under paragraph (4)'' after ``80 percent'';
(6) in subsection (g)--
(A) in the subsection heading, by inserting ``; Phased
Funding Agreements'' after ``Intent'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``In
general'' and inserting ``Letters of intent''; and
(ii) by striking ``shall, to the maximum extent
practicable,'' and inserting ``may'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Phased funding agreements.--
``(A) In general.--The Secretary may enter into a phased
funding agreement with an applicant if--
``(i) the project is highly rated, based on the
evaluations and ratings conducted pursuant to this section
and the applicable notice of funding opportunity; and
``(ii) the Federal assistance to be provided for the
project under this section is more than $80,000,000.
``(B) Terms.--A phased funding agreement shall--
``(i) establish the terms of participation by the
Federal Government in the project;
``(ii) establish the maximum amount of Federal
financial assistance for the project;
``(iii) include the period of time for completing the
project, even if such period extends beyond the period for
which Federal financial assistance is authorized;
``(iv) make timely and efficient management of the
project easier in accordance with Federal law; and
``(v) if applicable, specify when the process for
complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and related environmental
laws will be completed for the project.
``(C) Special financial rules.--
``(i) In general.--A phased funding agreement under
this paragraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in
law.
``(ii) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is not
an obligation of the Government.
``(iii) Interest and other financing costs.--Interest
and other financing costs of efficiently carrying out a
part of the project within a reasonable time are a cost of
carrying out the project under a phased funding agreement,
except that eligible costs may not be more than the cost of
the most favorable financing terms reasonably available for
the project at the time of borrowing. The applicant shall
certify, to the satisfaction of the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financing terms.
``(iv) Failure to carry out project.--If an applicant
does not carry out the project for reasons within the
control of the applicant, the applicant shall repay all
Federal grant funds awarded for the project from all
Federal funding sources, for all project activities,
facilities, and equipment, plus reasonable interest and
penalty charges allowable by law or established by the
Secretary in the phased funding agreement. For purposes of
this clause, a process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that results in the selection of the no build alternative
is not within the applicant's control.
``(v) Crediting of funds received.--Any funds received
by the Government under this paragraph, except for interest
and penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.'';
(E) in paragraph (3), as redesignated--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``a phased funding agreement under
paragraph (2) or'' after ``issuing''; and
(ii) in subparagraph (B)(i), by inserting ``the phased
funding agreement or'' after ``a copy of''; and
(F) in paragraph (4), as redesignated--
(i) by striking ``An obligation'' and inserting the
following:
``(B) Appropriations required.--An obligation''; and
(ii) by inserting before subparagraph (B), as added by
clause (i), the following:
``(A) In general.--The Secretary may enter into phased
funding agreements under this subsection that contain
contingent commitments to incur obligations in such amounts as
the Secretary determines are appropriate.'';
(7) in subsection (i), by striking ``section 22905'' and
inserting ``sections 22903 and 22905''; and
(8) by adding at the end the following:
``(j) Annual Report on Phased Funding Agreements and Letters of
Intent.--Not later than the first Monday in February of each year, the
Secretary shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Appropriations of
the Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that includes--
``(1) a proposal for the allocation of amounts to be available
to finance grants for projects under this section among applicants
for such amounts;
``(2) evaluations and ratings, as applicable, for each project
that has received a phased funding agreement or a letter of intent;
and
``(3) recommendations for each project that has received a
phased funding agreement or a letter of intent for funding based on
the evaluations and ratings, as applicable, and on existing
commitments and anticipated funding levels for the next 3 fiscal
years based on information currently available to the Secretary.
``(k) Regional Planning Guidance Corridor Planning.--The Secretary
may withhold up to 5 percent of the total amount made available for
this section to carry out planning and development activities related
to section 25101, including--
``(1) providing funding to public entities for the development
of service development plans selected under the Corridor
Identification and Development Program;
``(2) facilitating and providing guidance for intercity
passenger rail systems planning; and
``(3) providing funding for the development and refinement of
intercity passenger rail systems planning analytical tools and
models.''.
(b) Clerical Amendment.--The analysis for chapter 249 of title 49,
United States Code, is amended by striking the item relating to section
24911 and inserting the following:
``24911. Federal-State partnership for intercity passenger rail.''.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 251--PASSENGER RAIL PLANNING
``Sec.
``25101. Corridor Identification and Development Program.
``Sec. 25101. Corridor Identification and Development Program
``(a) In General.--Not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary of Transportation shall establish a program to facilitate
the development of intercity passenger rail corridors. The program
shall include--
``(1) a process for eligible entities described in subsection
(b) to submit proposals for the development of intercity passenger
rail corridors;
``(2) a process for the Secretary to review and select
proposals in accordance with subsection (c);
``(3) criteria for determining the level of readiness for
Federal financial assistance of an intercity passenger rail
corridor, which shall include--
``(A) identification of a service operator which may
include Amtrak or private rail carriers;
``(B) identification of a service sponsor or sponsors;
``(C) identification capital project sponsors;
``(D) engagement with the host railroads; and
``(E) other criteria as determined appropriate by the
Secretary;
``(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section 24911(k)
and interstate rail compact grants established under section 22210;
``(5) the creation of a pipeline of intercity passenger rail
corridor projects under subsection (g);
``(6) planning guidance to achieve the purposes of this
section, including guidance for intercity passenger rail corridors
not selected under this section; and
``(7) such other features as the Secretary considers relevant
to the successful development of intercity passenger rail
corridors.
``(b) Eligible Entities.--The Secretary may receive proposals under
this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities,
regional planning organizations, political subdivisions of a State,
federally recognized Indian Tribes, and other public entities, as
determined by the Secretary.
``(c) Corridor Selection.--In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider--
``(1) whether the route was identified as part of a regional or
interregional intercity passenger rail systems planning study;
``(2) projected ridership, revenues, capital investment, and
operating funding requirements;
``(3) anticipated environmental, congestion mitigation, and
other public benefits;
``(4) projected trip times and their competitiveness with other
transportation modes;
``(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
``(6) committed or anticipated State, regional transportation
authority, or other non-Federal funding for operating and capital
costs;
``(7) benefits to rural communities;
``(8) whether the corridor is included in a State's approved
State rail plan developed pursuant to chapter 227;
``(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
``(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services of
other modes;
``(11) whether the corridor connects at least 2 of the 100 most
populated metropolitan areas;
``(12) whether the corridor would enhance the regional equity
and geographic diversity of intercity passenger rail service;
``(13) whether the corridor is or would be integrated into the
national rail passenger transportation system and whether the
corridor would create benefits for other passenger rail routes and
services; and
``(14) whether a passenger rail operator, including a private
rail carrier, has expressed support for the corridor.
``(d) Service Development Plans.--For each corridor proposal
selected for development under this section, the Secretary shall
partner with the entity that submitted the proposal, relevant States,
and Amtrak, as appropriate, to prepare a service development plan (or
to update an existing service development plan), which shall include--
``(1) a detailed description of the proposed intercity
passenger rail service, including train frequencies, peak and
average operating speeds, and trip times;
``(2) a corridor project inventory that--
``(A) identifies the capital projects necessary to achieve
the proposed intercity passenger rail service, including--
``(i) the capital projects for which Federal investment
will be sought;
``(ii) the likely project applicants; and
``(iii) the proposed Federal funding levels;
``(B) specifies the order in which Federal funding will be
sought for the capital projects identified under subparagraph
(A), after considering the appropriate sequence and phasing of
projects based on the anticipated availability of funds; and
``(C) is developed in consultation with the entities listed
in subsection (e);
``(3) a schedule and any associated phasing of projects and
related service initiation or changes;
``(4) project sponsors and other entities expected to
participate in carrying out the plan;
``(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
``(6) the locations of existing and proposed stations;
``(7) the needs for rolling stock and other equipment;
``(8) a financial plan identifying projected--
``(A) annual revenues;
``(B) annual ridership;
``(C) capital investments before service could be
initiated;
``(D) capital investments required to maintain service;
``(E) annual operating and costs; and
``(F) sources of capital investment and operating financial
support;
``(9) a description of how the corridor would contribute to the
development of a multi-State regional network of intercity
passenger rail;
``(10) an intermodal plan describing how the new or improved
corridor facilitates travel connections with other passenger
transportation services;
``(11) a description of the anticipated environmental benefits
of the corridor; and
``(12) a description of the corridor's impacts on highway and
aviation congestion, energy consumption, land use, and economic
development in the service area.
``(e) Consultation.--In partnering on the preparation of a service
development plan under subsection (d), the Secretary shall consult
with--
``(1) Amtrak;
``(2) appropriate State and regional transportation authorities
and local officials;
``(3) representatives of employee labor organizations
representing railroad and other appropriate employees;
``(4) host railroads for the proposed corridor; and
``(5) other stakeholders, as determined by the Secretary.
``(f) Updates.--Every 5 years, after the initial development of the
service development plan under subsection (d), if at least 40 percent
of the work to implement a service development plan prepared under
subsection (d) has not yet been completed, the plan's sponsor, in
consultation with the Secretary, shall determine whether such plan
should be updated.
``(g) Project Pipeline.--Not later than 1 year after the
establishment of the program under this section, and by February 1st of
each year thereafter, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a project pipeline, in
accordance with this section, that--
``(1) identifies intercity passenger rail corridors selected
for development under this section;
``(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
``(3) specifies the order in which the Secretary would provide
Federal financial assistance, subject to the availability of funds,
to projects that have identified sponsors, including a method and
plan for apportioning funds to project sponsors for a 5-year
period, which may be altered by the Secretary, as necessary, if
recipients are not carrying out projects on the anticipated
schedule;
``(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project inventory;
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years based on information
currently available to the Secretary;
``(6) is prioritized based on the level of readiness of the
corridor; and
``(7) reflects consultation with Amtrak.
``(h) Definition.--In this section, the term `intercity passenger
rail corridor' means--
``(1) a new intercity passenger rail route of less than 750
miles;
``(2) the enhancement of an existing intercity passenger rail
route of less than 750 miles;
``(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak; or
``(4) the increase of service frequency of a long-distance
intercity passenger rail route.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 249 the following:
``Chapter 251. Passenger rail planning.........................25101''.
SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
The Surface Transportation Board shall--
(1) establish a passenger rail program with primary
responsibility for carrying out the Board's passenger rail
responsibilities; and
(2) hire up to 10 additional full-time employees to assist in
carrying out the responsibilities referred to in paragraph (1).
Subtitle D--Rail Safety
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall evaluate the requirements of the
railway-highway crossings program authorized under section 130 of title
23, United States Code, to determine whether--
(1) the requirements of the program provide States sufficient
flexibility to adequately address current and emerging highway-rail
grade crossing safety issues;
(2) the structure of the program provides sufficient incentives
and resources to States and local agencies to make changes at
highway-rail grade crossings that are most effective at reducing
deaths and injuries;
(3) there are appropriate tools and resources to support States
in using data driven programs to determine the most cost-effective
use of program funds; and
(4) any statutory changes are recommended to improve the
effectiveness of the program.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives that
summarizes and describes the results of the evaluation conducted
pursuant to subsection (a), including any recommended statutory
changes.
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) update the grade crossing accident prediction and severity
model used by the Federal Railroad Administration to analyze
accident risk at highway-rail grade crossings; and
(2) provide training on the use of the updated grade crossing
accident prediction and severity model.
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND
PLANS.
(a) Highway-rail Grade Crossing Safety.--Section 11401 of the
Fixing America's Surface Transportation Act (Public Law 114-94; 49
U.S.C. 22907 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively.
(b) Reports on Highway-rail Grade Crossing Safety.--
(1) In general.--Chapter 201 of title 49, United States Code,
is amended by inserting after section 20166 the following:
``Sec. 20167. Reports on highway-rail grade crossing safety
``(a) Report.--Not later than 4 years after the date by which
States are required to submit State highway-rail grade crossing action
plans under section 11401(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of the
Federal Railroad Administration, in consultation with the Administrator
of the Federal Highway Administration, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that summarizes the State highway-rail grade crossing
action plans, including--
``(1) an analysis and evaluation of each State railway-highway
crossings program under section 130 of title 23, including--
``(A) compliance with section 11401 of the Fixing America's
Surface Transportation Act and section 130(g) of title 23; and
``(B) the specific strategies identified by each State to
improve safety at highway-rail grade crossings, including
crossings with multiple accidents or incidents;
``(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
``(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system, nature of
treatment, and subsequent accident experience at improved
locations;
``(4) which States are not in compliance with their schedule of
projects under section 130(d) of title 23; and
``(5) any recommendations for future implementation of the
railway-highway crossings program under section 130 of title 23.
``(b) Updates.--Not later than 5 years after the submission of the
report required under subsection (a), the Administrator of the Federal
Railroad Administration, in consultation with the Administrator of the
Federal Highway Administration, shall--
``(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of the
Federal Railroad Administration; and
``(2) submit the updated report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
``(c) Definitions.--In this section:
``(1) Highway-rail grade crossing.--The term `highway-rail
grade crossing' means a location within a State, other than a
location at which 1 or more railroad tracks cross 1 or more
railroad tracks at grade, at which--
``(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses 1
or more railroad tracks, either at grade or grade-separated; or
``(B) a pathway explicitly authorized by a public authority
or a railroad carrier that--
``(i) is dedicated for the use of nonvehicular traffic,
including pedestrians, bicyclists, and others;
``(ii) is not associated with a public highway, road,
or street, or a private roadway; and
``(iii) crosses 1 or more railroad tracks, either at
grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(2) Clerical amendment.--The analysis for chapter 201 of title
49, United States Code, is amended by inserting after the item
relating to section 20166 the following:
``20167. Reports on highway-rail grade crossing safety.''.
(c) Annual Report.--Section 130(g) of title 23, United States Code,
is amended to read as follows:
``(g) Annual Report.--
``(1) In general.--Not later than August 31 of each year, each
State shall submit a report to the Administrator of the Federal
Highway Administration that describes--
``(A) the progress being made to implement the railway-
highway crossings program authorized under this section; and
``(B) the effectiveness of the improvements made as a
result of such implementation.
``(2) Contents.--Each report submitted pursuant to paragraph
(1) shall contain an assessment of--
``(A) the costs of the various treatments employed by the
State to implement the railway-highway crossings program; and
``(B) the effectiveness of such treatments, as measured by
the accident experience at the locations that received such
treatments.
``(3) Coordination.--Not later than 30 days after the Federal
Highway Administration's acceptance of each report submitted
pursuant to paragraph (1), the Administrator of the Federal Highway
Administration shall make such report available to the
Administrator of the Federal Railroad Administration.''.
SEC. 22404. BLOCKED CROSSING PORTAL.
(a) In General.--The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal, which
shall include the maintenance of the portal and corresponding database
to receive, store, and retrieve information regarding blocked highway-
rail grade crossings.
(b) Blocked Crossing Portal.--The Administrator of the Federal
Railroad Administration shall establish a blocked crossing portal
that--
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such as
idling trains or instances when lights or gates are activated when
no train is present;
(3) provides each complainant with the contact information for
reporting a blocked crossing to the relevant railroad; and
(4) encourages each complainant to report the blocked crossing
to the relevant railroad.
(c) Complaints.--The blocked crossing portal shall be programmed to
receive complaints from the general public about blocked highway-rail
grade crossings. Any complaint reported through the portal shall
indicate whether the complainant also reported the blocked crossing to
the relevant railroad.
(d) Information Received.--In reviewing complaints received
pursuant to subsection (c), the Federal Railroad Administration shall
review, to the extent practicable, the information received from the
complainant to account for duplicative or erroneous reporting.
(e) Use of Information.--The information received and maintained in
the blocked crossing portal database shall be used by the Federal
Railroad Administration--
(1) to identify frequent and long-duration blocked highway-rail
grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents at
highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) Sharing Information Received.--
(1) In general.--The Administrator of the Federal Railroad
Administration shall implement and make publicly available
procedures for sharing any nonaggregated information received
through the blocked crossing portal with the public.
(2) Rule of construction.--Nothing in this section may be
construed to authorize the Federal Railroad Administration to make
publically available sensitive security information.
(g) Additional Information.--If the information submitted to the
blocked crossing portal is insufficient to determine the locations and
potential impacts of blocked highway-rail grade crossings, the Federal
Railroad Administration may collect, from the general public, State and
local law enforcement personnel, and others as appropriate, and on a
voluntary basis, such additional information as may be necessary to
make such determinations.
(h) Limitations.--Complaints, data, and other information received
through the blocked crossing portal may not be used--
(1) to infer or extrapolate the rate or instances of crossings
beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) Reports.--
(1) Annual public report.--The Administrator of the Federal
Railroad Administration shall publish an annual report on a public
website regarding the blocked crossing program, including the
underlying causes of blocked crossings, program challenges, and
other findings.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the Federal Railroad
Administration shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that describes--
(A) based on the information received through the blocked
crossing portal, frequent and long-duration blocked highway-
rail grade crossings, including the locations, dates,
durations, and impacts resulting from such occurrences;
(B) the Federal Railroad Administration's process for
verifying the accuracy of the complaints submitted to the
blocked crossing portal, including whether the portal continues
to be effective in collecting such information and identifying
blocked crossings;
(C) the Federal Railroad Administration's use of the data
compiled by the blocked crossing portal to assess the
underlying cause and overall impacts of blocked crossings;
(D) the engagement of the Federal Railroad Administration
with affected parties to identify and facilitate solutions to
frequent and long-duration blocked highway-rail grade crossings
identified by the blocked crossing portal; and
(E) whether the blocked crossing portal continues to be an
effective method to collect blocked crossing information and
what changes could improve its effectiveness.
(j) Sunset.--This section (other than subsection (k)) shall have no
force or effect beginning on the date that is 3 years after the date of
enactment of this Act.
(k) Rule of Construction.--Nothing in this section may be construed
to invalidate any authority of the Secretary with respect to blocked
highway-rail grade crossings. The Secretary may continue to use any
such authority after the sunset date set forth in subsection (j).
SEC. 22405. DATA ACCESSIBILITY.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, the Chief Information Officer of the Department shall--
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) provide recommendations to the Secretary for improving the
public's usability and accessibility of the website referred to in
paragraph (1).
(b) Updates.--Not later than 1 year after receiving recommendations
from the Chief Information Officer pursuant to subsection (a)(2), the
Secretary, after considering such recommendations, shall update the
website of the Office of Safety Analysis of the Federal Railroad
Administration to improve the usability and accessibility of the
website.
SEC. 22406. EMERGENCY LIGHTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall initiate a rulemaking to require that all rail carriers
providing intercity passenger rail transportation or commuter rail
passenger transportation (as such terms are defined in section 24102 of
title 49, United States Code), develop and implement periodic
inspection plans to ensure that passenger equipment offered for revenue
service complies with the requirements under part 238 of title 49, Code
of Federal Regulations, including ensuring that, in the event of a loss
of power, there is adequate emergency lighting available to allow
passengers, crew members, and first responders--
(1) to see and orient themselves;
(2) to identify obstacles;
(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
(a) Comprehensive Safety Assessment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall--
(1) conduct a focused review of Amtrak's safety-related
processes and procedures, compliance with safety regulations and
requirements, and overall safety culture; and
(2) submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that includes
the findings and recommendations resulting from such assessment.
(b) Plan.--
(1) Initial plan.--Not later than 6 months after the completion
of the comprehensive safety assessment under subsection (a)(1),
Amtrak shall submit a plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
for addressing the findings and recommendations raised in the
comprehensive safety assessment.
(2) Annual updates.--Amtrak shall submit annual updates of its
progress toward implementing the plan submitted pursuant to
paragraph (1) to the committees listed in such paragraph.
SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Railroad Administration
shall commence the pilot programs required under subparagraphs (A) and
(B) of section 21109(e)(1) of title 49, United States Code.
(b) Consultation.--The Federal Railroad Administration shall
consult with the class or craft of employees impacted by the pilot
projects, including railroad carriers, and representatives of labor
organizations representing the impacted employees when designing and
conducting the pilot programs referred to in subsection (a).
(c) Report.--If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced on the
date that is 1 year and 120 days after the date of enactment of this
Act, the Secretary, not later than 30 days after such date, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes--
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has taken
to commence the pilot programs, including efforts to recruit
participant railroads;
(3) any challenges impacting the commencement of the pilot
programs; and
(4) any other details associated with the development of the
pilot programs that affect progress toward meeting the mandate
under such section 21109(e)(1).
SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study to determine the annual positive train control system
operation and maintenance costs for public commuter railroads.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that summarizes the study conducted pursuant
to subsection (a), including the estimated annual positive train
control system operation and maintenance costs for public commuter
railroads.
SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND
CERTIFICATION.
(a) Audits.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall initiate audits of the training,
qualification, and certification programs of locomotive engineers and
conductors of railroad carriers, subject to the requirements of parts
240 and 242 of title 49, Code of Federal Regulations, which audits
shall--
(1) be conducted in accordance with subsection (b);
(2) consider whether such programs are in compliance with such
parts 240 and 242;
(3) assess the type and content of training that such programs
provide locomotive engineers and conductors, relevant to their
respective roles, including training related to installed
technology;
(4) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate a locomotive or train, consistent with such parts
240 and 242;
(5) determine whether such programs reflect the current
operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize
simulator training, or any other technologies used to train and
qualify locomotive engineers and conductors by examining how such
technologies are used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before qualifying
locomotive engineers on new or unfamiliar equipment, new train
control, diagnostics, or other on-board technology;
(8) assess the current practice for familiarizing locomotive
engineers and conductors with new territory and using recurrency
training to expose such personnel to normal and abnormal
conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on the
unique requirements and regulations.
(b) Audit Scheduling.--The Secretary shall--
(1) schedule the audits required under subsection (a) to ensure
that--
(A) each Class I railroad, including the National Railroad
Passenger Corporation and other intercity passenger rail
providers, is audited not less frequently than once every 5
years; and
(B) a select number, as determined appropriate by the
Secretary, of Class II and Class III railroads, along with
other railroads providing passenger rail service that are not
included in subparagraph (A), are audited annually; and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title
49, Code of Federal Regulations.
(c) Updates to Qualification and Certification Program.--If the
Secretary, while conducting the audits required under this section,
identifies a deficiency in a railroad's training, qualification, and
certification program for locomotive engineers or conductors, the
railroad shall update the program to eliminate such deficiency.
(d) Consultation and Cooperation.--
(1) Consultation.--In conducting any audit required under this
section, the Secretary shall consult with the railroad and its
employees, including any nonprofit employee labor organization
representing the engineers or conductors of the railroad.
(2) Cooperation.--The railroad and its employees, including any
nonprofit employee labor organization representing engineers or
conductors of the railroad, shall fully cooperate with any such
audit, including by--
(A) providing any relevant documents requested; and
(B) making available any employees for interview without
undue delay or obstruction.
(3) Failure to cooperate.--If the Secretary determines that a
railroad or any of its employees, including any nonprofit employee
labor organization representing engineers or conductors of the
railroad is not fully cooperating with an audit, the Secretary
shall electronically notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(e) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 240 or 242 of title 49, Code of
Federal Regulations, is necessary to better prepare locomotive
engineers and conductors to safely operate trains by evaluating whether
such regulations establish appropriate Federal standards requiring
railroads--
(1) to provide locomotive engineers or conductors the knowledge
and skills to safely operate trains under conditions that reflect
industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the physical
characteristics of a territory under various conditions and using
various resources;
(3) to provide relevant and adequate hands-on training before a
locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or conductors to
understand relevant locomotive operating characteristics, to
include instructions on functions they are required to operate on
any installed technology; and
(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to subsection (c); and
(3) excludes and confidential business information or sensitive
security information.
SEC. 22411. TRANSPARENCY AND SAFETY.
Section 20103(d) of title 49, United States Code, is amended to
read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary of Transportation may waive,
or suspend the requirement to comply with, any part of a regulation
prescribed or an order issued under this chapter if such waiver or
suspension is in the public interest and consistent with railroad
safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request for a
waiver under this subsection or for a suspension under subpart
E of part 211 of title 49, Code of Federal Regulations, or
successor regulations;
``(B) make available the application for such waiver or
suspension and any nonconfidential underlying data to
interested parties;
``(C) provide the public with notice and a reasonable
opportunity to comment on a proposed waiver or suspension under
this subsection before making a final decision; and
``(D) publish on a publicly accessible website the reasons
for granting each such waiver or suspension.
``(3) Information protection.--Nothing in this subsection may
be construed to require the release of information protected by law
from public disclosure.
``(4) Rulemaking.--
``(A) In general.--Not later than 1 year after the first
day on which a waiver under this subsection or a suspension
under subpart E of part 211 of title 49, Code of Federal
Regulations, or successor regulations, has been in continuous
effect for a 6-year period, the Secretary shall complete a
review and analysis of such waiver or suspension to determine
whether issuing a rule that is consistent with the waiver is--
``(i) in the public interest; and
``(ii) consistent with railroad safety.
``(B) Factors.--In conducting the review and analysis under
subparagraph (A), the Secretary shall consider--
``(i) the relevant safety record under the waiver or
suspension;
``(ii) the likelihood that other entities would have
similar safety outcomes;
``(iii) the materials submitted in the applications,
including any comments regarding such materials; and
``(iv) related rulemaking activity.
``(C) Notice and comment.--
``(i) In general.--The Secretary shall publish the
review and analysis required under this paragraph in the
Federal Register, which shall include a summary of the data
collected and all relevant underlying data, if the
Secretary decides not to initiate a regulatory update under
subparagraph (D).
``(ii) Notice of proposed rulemaking.--The review and
analysis under this paragraph shall be included as part of
the notice of proposed rulemaking if the Secretary
initiates a regulatory update under subparagraph (D).
``(D) Regulatory update.--The Secretary may initiate a
rulemaking to incorporate relevant aspects of a waiver under
this subsection or a suspension under subpart E of part 211 of
title 49, Code of Federal Regulations, or successor
regulations, into the relevant regulation, to the extent the
Secretary considers appropriate.
``(5) Rule of construction.--Nothing in this subsection may be
construed to delay any waiver granted pursuant to this subsection
that is in the public interest and consistent with railroad
safety.''.
SEC. 22412. RESEARCH AND DEVELOPMENT.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Facilities.--The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary
railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.
``(e) Offsetting Collections.--The Secretary may collect fees or
rents from facility users to offset appropriated amounts for the cost
of providing facilities or research, development, testing, training, or
other services, including long-term sustainment of the on-site physical
plant.
``(f) Revolving Fund.--Amounts appropriated to carry out subsection
(d) and all fees and rents collected pursuant to subsection (e) shall
be credited to a revolving fund and remain available until expended.
The Secretary may use such fees and rents for operation, maintenance,
repair, or improvement of the Transportation Technology Center.
``(g) Leases and Contracts.--Notwithstanding section 1302 of title
40, the Secretary may lease to others or enter into contracts for terms
of up to 20 years, for such consideration and subject to such terms and
conditions as the Secretary determines to be in the best interests of
the Government of the United States, for the operation, maintenance,
repair, and improvement of the Transportation Technology Center.
``(h) Property and Casualty Loss Insurance.--The Secretary may
allow its lessees and contractors to purchase property and casualty
loss insurance for its assets and activities at the Transportation
Technology Center to mitigate the lessee's or contractor's risk
associated with operating a facility.
``(i) Energy Projects.--Notwithstanding section 1341 of title 31,
the Secretary may enter into contracts or agreements, or commit to
obligations in connection with third-party contracts or agreements,
including contingent liability for the purchase of electric power in
connection with such contracts or agreements, for terms not to exceed
20 years, to enable the use of the land at the Transportation
Technology Center for projects to produce energy from renewable
sources.''.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, as amended by
section 22412, is further amended by adding at the end the following:
``(j) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary shall award grants
to establish and maintain a center of excellence to advance
research and development that improves the safety, efficiency, and
reliability of passenger and freight rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a consortium of nonprofit institutions of higher
education shall be eligible to receive a grant from the center
established pursuant to paragraph (1).
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary shall--
``(A) give preference to applicants with strong past
performance related to rail research, education, and workforce
development activities;
``(B) consider the extent to which the applicant would
involve public and private sector passenger and freight
railroad operators; and
``(C) consider the regional and national impacts of the
applicant's proposal.
``(4) Use of funds.--Grant funds awarded pursuant to this
subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training efforts
related to safety, project delivery, efficiency, reliability,
resiliency, and sustainability of urban commuter, intercity high-
speed, and freight rail transportation, to include advances in
rolling stock, advanced positive train control, human factors, rail
infrastructure, shared corridors, grade crossing safety, inspection
technology, remote sensing, rail systems maintenance, network
resiliency, operational reliability, energy efficiency, and other
advanced technologies.
``(5) Federal share.--The Federal share of a grant awarded
under this subsection shall be 50 percent of the cost of
establishing and operating the center of excellence and related
research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
PERFORMANCE.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Reports on Positive Train Control System Performance.--
``(1) In general.--Each host railroad subject to this section
or subpart I of part 236 of title 49, Code of Federal Regulations,
shall electronically submit to the Secretary of Transportation a
Report of PTC System Performance on Form FRA F 6180.152, which
shall be submitted on or before the applicable due date set forth
in paragraph (3) and contain the information described in paragraph
(2), which shall be separated by the host railroad, each applicable
tenant railroad, and each positive train control-governed track
segment, consistent with the railroad's positive train control
Implementation Plan described in subsection (a)(1).
``(2) Required information.--Each report submitted pursuant to
paragraph (1) shall include, for the applicable reporting period--
``(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause was the
onboard subsystem, the wayside subsystem, the communications
subsystem, the back office subsystem, or a non-positive train
control component;
``(B) the number of positive train control system cut outs,
disaggregated by each component listed in subparagraph (A) that
was the source or cause of such cut outs;
``(C) the number of positive train control system
malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
``(D) the number of enforcements by the positive train
control system;
``(E) the number of enforcements by the positive train
control system in which it is reasonable to assume an accident
or incident was prevented;
``(F) the number of scheduled attempts at initialization of
the positive train control system;
``(G) the number of train miles governed by the positive
train control system; and
``(H) a summary of any actions the host railroad and its
tenant railroads are taking to reduce the frequency and rate of
initialization failures, cut outs, and malfunctions, such as
any actions to correct or eliminate systemic issues and
specific problems.
``(3) Due dates.--
``(A) In general.--Except as provided in subparagraph (B),
each host railroad shall electronically submit the report
required under paragraph (1) not later than--
``(i) April 30, for the period from January 1 through
March 31;
``(ii) July 31, for the period from April 1 through
June 30;
``(iii) October 31, for the period from July 1 through
September 30; and
``(iv) January 31, for the period from October 1
through December 31 of the prior calendar year.
``(B) Frequency reduction.--Beginning on the date that is 3
years after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, the Secretary shall
reduce the frequency with which host railroads are required to
submit the report described in paragraph (1) to not less
frequently than twice per year, unless the Secretary--
``(i) determines that quarterly reporting is in the
public interest; and
``(ii) publishes a justification for such determination
in the Federal Register.
``(4) Tenant railroads.--Each tenant railroad that operates on
a host railroad's positive train control-governed main line and is
not currently subject to an exception under section 236.1006(b) of
title 49, Code of Federal Regulations, shall submit the information
described in paragraph (2) to each applicable host railroad on a
continuous basis.
``(5) Enforcements.--Any railroad operating a positive train
control system classified under Federal Railroad Administration
Type Approval number FRA-TA-2010-001 or FRA-TA-2013-003 shall begin
submitting the metric required under paragraph (2)(D) not later
than January 31, 2023.''.
SEC. 22415. SPEED LIMIT ACTION PLANS.
(a) Codification of, and Amendment to, Section 11406 of the FAST
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. Speed limit action plans
``(a) In General.--Not later than March 3, 2016, each railroad
carrier providing intercity rail passenger transportation or commuter
rail passenger transportation, in consultation with any applicable host
railroad carrier, shall survey its entire system and identify each main
track location where there is a reduction of more than 20 miles per
hour from the approach speed to a curve, bridge, or tunnel and the
maximum authorized operating speed for passenger trains at that curve,
bridge, or tunnel.
``(b) Action Plans.--Not later than 120 days after the date that
the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary of
Transportation an action plan that--
``(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach speed to
a curve, bridge, or tunnel and the maximum authorized operating
speed for passenger trains at that curve, bridge, or tunnel;
``(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger trains at
each location identified under paragraph (1), including--
``(A) modification to automatic train control systems, if
applicable, or other signal systems;
``(B) increased crew size;
``(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each location
identified under paragraph (1);
``(D) installation of alerters;
``(E) increased crew communication; and
``(F) other practices;
``(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
``(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).
``(c) Approval.--Not later than 90 days after the date on which an
action plan is submitted under subsection (b) or (d)(2), the Secretary
shall approve, approve with conditions, or disapprove the action plan.
``(d) Periodic Reviews and Updates.--Each railroad carrier that
submits an action plan to the Secretary pursuant to subsection (b)
shall--
``(1) not later than 1 year after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021, and annually
thereafter, review such plan to ensure the effectiveness of actions
taken to enable warning and enforcement of the maximum authorized
speed for passenger trains at each location identified pursuant to
subsection (b)(1); and
``(2) not later than 90 days before implementing any
significant operational or territorial operating change, including
initiating a new service or route, submit to the Secretary a
revised action plan, after consultation with any applicable host
railroad, that addresses such operational or territorial operating
change.
``(e) New Service.--If a railroad carrier providing intercity rail
passenger transportation or commuter rail passenger transportation did
not exist on the date of enactment of the FAST Act (Public Law 114-94;
129 Stat. 1312), such railroad carrier, in consultation with any
applicable host railroad carrier, shall--
``(1) survey its routes pursuant to subsection (a) not later
than 90 days after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021; and
``(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
``(f) Alternative Safety Measures.--The Secretary may exempt from
the requirements under this section each segment of track for which
operations are governed by a positive train control system certified
under section 20157, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in reducing
derailment risk.
``(g) Prohibition.--No new intercity or commuter rail passenger
service may begin operation unless the railroad carrier providing such
service is in compliance with the requirements under this section.
``(h) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from applying the requirements under this
section to other segments of track at high risk of overspeed
derailment.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code, is amended by adding at the end the
following:
``20169. Speed limit action plans.''.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code, as amended by section 22415, is further
amended by adding at the end the following:
``Sec. 20170. Pre-revenue service safety validation plan
``(a) Plan Submission.--Any railroad providing new, regularly
scheduled, intercity or commuter rail passenger transportation, an
extension of existing service, or a renewal of service that has been
discontinued for more than 180 days shall develop and submit for review
a comprehensive pre-revenue service safety validation plan to the
Secretary of Transportation not later than 60 days before initiating
such revenue service. Such plan shall include pertinent safety
milestones and a minimum period of simulated revenue service to ensure
operational readiness and that all safety sensitive personnel are
properly trained and qualified.
``(b) Compliance.--After submitting a plan pursuant to subsection
(a), the railroad shall adopt and comply with such plan and may not
amend the plan without first notifying the Secretary of the proposed
amendment. Revenue service may not begin until the railroad has
completed the requirements of its plan, including the minimum simulated
service period required by the plan.
``(c) Rulemaking.--The Secretary shall promulgate regulations to
carry out this section, including--
``(1) requiring that any identified safety deficiencies be
addressed and corrected before the initiation of revenue service;
and
``(2) establishing appropriate deadlines to enable the
Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly delayed.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, as amended by section 22415(b), is further amended
by adding at the end the following:
``20170. Pre-revenue service safety validation plan.''.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT
INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining when it
is appropriate and the appropriate method for--
``(A) gathering information about an accident or incident
under investigation from railroad carriers, contractors or
employees of railroad carriers or representatives of employees
of railroad carriers, and others, as determined relevant by the
Secretary; and
``(B) consulting with railroad carriers, contractors or
employees of railroad carriers or representatives of employees
of railroad carriers, and others, as determined relevant by the
Secretary, for technical expertise on the facts of the accident
or incident under investigation.
``(2) Confidentiality.--In developing the process required
under paragraph (1), the Secretary shall factor in ways to maintain
the confidentiality of any entity identified under paragraph (1)
if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident or
incident; and
``(C) maintaining such entity's confidentiality does not
adversely affect an investigation of the Federal Railroad
Administration.
``(3) Applicability.--This subsection shall not apply to any
investigation carried out by the National Transportation Safety
Board.''.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
Section 21301(a) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) The Secretary may find that a person has violated this
chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity
for a hearing. The Secretary shall impose a penalty under this section
by giving the person written notice of the amount of the penalty. The
Secretary may compromise the amount of a civil penalty by settlement
agreement without issuance of an order. In determining the amount of a
compromise, the Secretary shall consider--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect on
the ability to continue to do business; and
``(C) other matters that justice requires.
``(4) The Attorney General may bring a civil action in an
appropriate district court of the United States to collect a civil
penalty imposed or compromise under this section and any accrued
interest on the civil penalty. In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
(a) In General.--Section 26103 of title 49, United States Code, is
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation
``The Secretary--
``(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
``(2) shall, before promulgating such regulations, consult with
developers of new high-speed rail technologies to develop a method
for evaluating safety performance; and
``(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 261 of title 49,
United States Code, is amended by striking the item relating to section
26103 and inserting the following:
``26103. Safety regulations and evaluation.''.
SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
(a) Study.--The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation and
use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger
safety.
(b) Considerations.--In conducting the study under subsection (a),
the Administrator shall consider minimizing the risk of secondary
collisions, including estimating the costs and benefits of the new
requirements, through the use of--
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints, and
table configurations and attachments.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall--
(1) submit a report summarizing the findings of the study
conducted pursuant to subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives;
and
(2) publish such report on the website of the Federal Railroad
Administration.
(d) Rulemaking.--Following the completion of the study required
under subsection (a), and after considering the costs and benefits of
the proposed protection systems, the Administrator may promulgate a
rule that establishes standards for the use of occupant protection
systems in new passenger rail rolling stock.
SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS.
(a) Elimination of Duplicative or Unnecessary Reporting or
Paperwork Requirements in the Federal Railroad Administration.--
(1) Review.--The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ``FRA
Administrator''), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of existing
reporting and paperwork requirements in the Federal Railroad
Administration to determine if any such requirements are
duplicative or unnecessary.
(2) Elimination of certain requirements.--If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with the
Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the FRA Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives that--
(A) identifies all of the reporting or paperwork
requirements that were terminated pursuant to paragraph (2);
and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and should be
repealed.
(b) Safety Reporting.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for the following 4
years, the Secretary shall update Special Study Block 49 on Form FRA F
6180.54 (Rail Equipment Accident/Incident Report) to collect, with
respect to trains involved in accidents required to be reported to the
Federal Railroad Administration--
(1) the number of cars and length of the involved trains; and
(2) the number of crew members who were aboard a controlling
locomotive involved in an accident at the time of such accident.
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET.
(a) Study.--The Secretary shall seek to enter into an agreement
with the National Academies to conduct a study on the operation of
freight trains that are longer than 7,500 feet.
(b) Elements.--The study conducted pursuant to subsection (a)
shall--
(1) examine any potential impacts to safety from the operation
of freight trains that are longer than 7,500 feet and the
mitigation of any identified risks, including--
(A) any potential changes in the risk of loss of
communications between the end of train device and the
locomotive cab, including communications over differing
terrains and conditions;
(B) any potential changes in the risk of loss of radio
communications between crew members when a crew member alights
from the train, including communications over differing
terrains and conditions;
(C) any potential changes in the risk of derailments,
including any risks associated with in-train compressive forces
and slack action or other safety risks in the operations of
such trains in differing terrains and conditions;
(D) any potential impacts associated with the deployment of
multiple distributed power units in the consists of such
trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) evaluate any impacts on scheduling and efficiency of
passenger operations and in the shipping of goods by freight as a
result of longer trains;
(3) determine whether additional engineer and conductor
training is required for safely operating such trains;
(4) assess the potential impact on the amount of time and
frequency of occurrence highway-rail grade crossings are occupied;
and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation of
longer trains.
(c) Comparison.--When evaluating the potential impacts of the
operation of trains longer than 7,500 feet under subsection (b), the
impacts of such trains shall be compared to the impacts of trains that
are shorter than 7,500 feet, after taking into account train frequency.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that contains the results of the study conducted by the National
Academies under this section.
(e) Funding.--From the amounts appropriated for fiscal year 2021
pursuant to the authorization under section 20117(a) of title 49,
United States Code, the Secretary shall expend not less than $1,000,000
and not more than $2,000,000 to carry out the study required under this
section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
(a) In General.--Section 17 of the Noise Control Act of 1972 (42
U.S.C. 4916) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) High-speed Train Noise Emissions.--
``(1) In general.--The Secretary of Transportation, in
consultation with the Administrator, may prescribe regulations
governing railroad-related noise emission standards for trains
operating on the general railroad system of transportation at
speeds exceeding 160 miles per hour, including noise related to
magnetic levitation systems and other new technologies not
traditionally associated with railroads.
``(2) Factors in rulemaking.--The regulations prescribed
pursuant to paragraph (1) may--
``(A) consider variances in maximum pass-by noise with
respect to the speed of the equipment;
``(B) account for current engineering best practices; and
``(C) encourage the use of noise mitigation techniques to
the extent reasonable if the benefits exceed the costs.
``(3) Conventional-speed trains.--Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not exceeding
160 miles per hour.''.
(b) Technical Amendment.--The second sentence of section 17(b) of
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by
striking ``the Safety Appliance Acts, the Interstate Commerce Act, and
the Department of Transportation Act'' and inserting ``subtitle V of
title 49, United States Code''.
SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter railroads
and intercity passenger railroads (as such terms are defined in
section 272.9 of such part), including employees who directly
interact with passengers; and
(2) an assault against an employee requiring medical attention
is included in the definition of critical incident under section
272.9 of such part.
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE
IN THE UNITED STATES.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code (as amended by section 22416(a)), is
amended by adding at the end the following:
``Sec. 20171. Requirements for railroad freight cars placed into
service in the United States
``(a) Definitions.--In this section:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other means,
to determine, direct, make decisions, or cause decisions to be made
for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the sensitive
technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern' means
a country that--
``(A) is identified by the Department of Commerce 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 the Passenger Rail Expansion and Rail Safety Act
of 2021;
``(B) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list (as defined in
subsection (g)(3) of such 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).
``(5) Net cost.--The term `net cost' has the meaning given such
term in chapter 4 of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(6) Qualified facility.--The term `qualified facility' means
a facility that is not owned or under the control of a state-owned
enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that is not
owned or under the control of a state-owned enterprise.
``(8) Railroad freight car.--The term `railroad freight car'
means a car designed to carry freight or railroad personnel by
rail, including--
``(A) a box car;
``(B) a refrigerator car;
``(C) a ventilator car;
``(D) an intermodal well car;
``(E) a gondola car;
``(F) a hopper car;
``(G) an auto rack car;
``(H) a flat car;
``(I) a special car;
``(J) a caboose car;
``(K) a tank car; and
``(L) a yard car.
``(9) Sensitive technology.--The term `sensitive technology'
means any device embedded with electronics, software, sensors, or
other connectivity, that enables the device to connect to, collect
data from, or exchange data with another device, including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) global positioning system satellite and cellular
location tracking systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into freight
railcar components and sub-assemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the control of,
a national, provincial, or local government of a country of
concern, or an agency of such government; or
``(B) an individual acting under the direction or influence
of a government or agency described in subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a result
of the manufacturing process, as described in chapter 4 and related
annexes of the USMCA or any subsequent free trade agreement between
the United States, Mexico, and Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the term
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars.--
``(1) Limitation on railroad freight cars.--A railroad freight
car wholly manufactured on or after the date that is 1 year after
the date of issuance of the regulations required under subsection
(c)(1) may only operate on the United States general railroad
system of transportation if--
``(A) the railroad freight car is manufactured, assembled,
and substantially transformed, as applicable, by a qualified
manufacturer in a qualified facility;
``(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from a
country of concern or is sourced from a state-owned enterprise;
and
``(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country of
concern or is sourced from a state-owned enterprise that has
been determined by a recognized court or administrative agency
of competent jurisdiction and legal authority to have violated
or infringed valid United States intellectual property rights
of another including such a finding by a Federal district court
under title 35 or the U.S. International Trade Commission under
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--
``(i) Initial limitation.--Not later than 1 year after
the date of issuance of the regulations required under
subsection (c)(1), a railroad freight car described in
paragraph (1) may operate on the United States general
railroad system of transportation only if not more than 20
percent of the content of the railroad freight car,
calculated by the net cost of all components of the car and
excluding the cost of sensitive technology, originates from
a country of concern or is sourced from a state-owned
enterprise.
``(ii) Subsequent limitation.--Effective beginning on
the date that is 3 years after the date of issuance of the
regulations required under subsection (c)(1), a railroad
freight car described in paragraph (1) may operate on the
United States general railroad system of transportation
only if not more than 15 percent of the content of the
railroad freight car, calculated by the net cost of all
components of the car and excluding the cost of sensitive
technology, originates from a country of concern or is
sourced from a state-owned enterprise.
``(B) Conflict.--The percentages specified in clauses (i)
and (ii) of subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 2 years after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, the Secretary of Transportation shall issue such
regulations as are necessary to carry out this section, including
for the monitoring and sensitive technology requirements of this
section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States general
railroad system of transportation, the manufacturer of such car
shall annually certify to the Secretary of Transportation that any
railroad freight cars to be so provided meet the requirements under
this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a railroad
freight car begins operation on the United States general
railroad system of transportation, the manufacturer of such
railroad freight car shall have valid certification described
in paragraph (2) for the year in which such car begins
operation.
``(B) Registration of noncompliant cars prohibited.--A
railroad freight car manufacturer may not register, or cause to
be registered, a railroad freight car that does not comply with
the requirements under this section in the Association of
American Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--Pursuant to section 21301, the Secretary
of Transportation may assess a civil penalty of not less than
$100,000, but not more than $250,000, for each violation of
this section for each railroad freight car.
``(B) Prohibition on operation for violations.--The
Secretary of Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has assessed
more than 3 violations under subparagraph (A) from providing
additional railroad freight cars for operation on the United
States general railroad system of transportation until the
Secretary determines--
``(i) such manufacturer is in compliance with this
section; and
``(ii) all civil penalties assessed to such
manufacturer pursuant to subparagraph (A) have been paid in
full.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code (as amended by section 22416(b)), is
amended by adding at the end the following:
``20171. Requirements for railroad freight cars placed into service in
the United States.''.
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES.
All railroads shall--
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) post the information described in paragraph (1) on a
publicly accessible website.
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall amend the regulations under part 219 of title 49,
Code of Federal Regulations, to require all mechanical employees of
railroads to be subject to all of the breath or body fluid testing set
forth in subpart C, D, and E of such part, including random testing,
reasonable suspicion testing, reasonable cause testing, pre-employment
testing, return-to-duty testing, and follow-up testing.
TITLE III--MOTOR CARRIER SAFETY
SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--Section 31110 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $360,000,000 for fiscal year 2022;
``(2) $367,500,000 for fiscal year 2023;
``(3) $375,000,000 for fiscal year 2024;
``(4) $382,500,000 for fiscal year 2025; and
``(5) $390,000,000 for fiscal year 2026.''.
(b) Financial Assistance Programs.--Section 31104 of title 49,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) subject to subsection (c), to carry out the motor carrier
safety assistance program under section 31102 (other than the high
priority program under subsection (l) of that section)--
``(A) $390,500,000 for fiscal year 2022;
``(B) $398,500,000 for fiscal year 2023;
``(C) $406,500,000 for fiscal year 2024;
``(D) $414,500,000 for fiscal year 2025; and
``(E) $422,500,000 for fiscal year 2026;
``(2) subject to subsection (c), to carry out the high priority
program under section 31102(l) (other than the commercial motor
vehicle enforcement training and support grant program under
paragraph (5) of that section)--
``(A) $57,600,000 for fiscal year 2022;
``(B) $58,800,000 for fiscal year 2023;
``(C) $60,000,000 for fiscal year 2024;
``(D) $61,200,000 for fiscal year 2025; and
``(E) $62,400,000 for fiscal year 2026;
``(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
``(4) to carry out the commercial motor vehicle operators grant
program under section 31103--
``(A) $1,100,000 for fiscal year 2022;
``(B) $1,200,000 for fiscal year 2023;
``(C) $1,300,000 for fiscal year 2024;
``(D) $1,400,000 for fiscal year 2025; and
``(E) $1,500,000 for fiscal year 2026; and
``(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver's license implementation
under section 31313--
``(A) $41,800,000 for fiscal year 2022;
``(B) $42,650,000 for fiscal year 2023;
``(C) $43,500,000 for fiscal year 2024;
``(D) $44,350,000 for fiscal year 2025; and
``(E) $45,200,000 for fiscal year 2026.'';
(2) in subsection (b)(2)--
(A) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(C) In-kind contributions.--The Secretary'';
(B) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(B) Limitation.--The Secretary'';
(C) in the first sentence--
(i) by inserting ``(except subsection (l)(5) of that
section)'' after ``section 31102''; and
(ii) by striking ``The Secretary'' and inserting the
following:
``(A) Reimbursement percentage.--
``(i) In general.--The Secretary''; and
(D) in subparagraph (A) (as so designated), by adding at
the end the following:
``(ii) Commercial motor vehicle enforcement training
and support grant program.--The Secretary shall reimburse a
recipient, in accordance with a financial assistance
agreement made under section 31102(l)(5), an amount that is
equal to 100 percent of the costs incurred by the recipient
in a fiscal year in developing and implementing a training
program under that section.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Partner
Training and'';
(B) in the first sentence--
(i) by striking ``(4)'' and inserting ``(5)''; and
(ii) by striking ``partner training and''; and
(C) by striking the second sentence; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``for the next fiscal
year'' and inserting ``for the next 2 fiscal years'';
(B) in paragraph (4), by striking ``for the next fiscal
year'' and inserting ``for the next 2 fiscal years'';
(C) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
``(4) For grants made for carrying out section 31102(l)(5), for
the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.''; and
(5) in subsection (i)--
(A) by striking ``Amounts not expended'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), amounts
not expended''; and
(B) by adding at the end the following:
``(2) Motor carrier safety assistance program.--Amounts made
available for the motor carrier safety assistance program
established under section 31102 (other than amounts made available
to carry out section 31102(l)) that are not expended by a recipient
during the period of availability shall be released back to the
Secretary for reallocation under that program.''.
(c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49,
United States Code, is amended by striking ``2004 and 2005'' and
inserting ``2014 and 2015''.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law
109-59) is amended--
(1) in subsection (b)(1), in the second sentence, by inserting
``, including small business motor carriers'' after ``industry'';
and
(2) in subsection (d), by striking ``September 30, 2013'' and
inserting ``September 30, 2025''.
SEC. 23003. COMBATING HUMAN TRAFFICKING.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (G)(ii), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as subparagraph (J);
and
(C) by inserting after subparagraph (G) the following:
``(H) support, through the use of funds otherwise available
for such purposes--
``(i) the recognition, prevention, and reporting of
human trafficking, including the trafficking of human
beings--
``(I) in a commercial motor vehicle; or
``(II) by any occupant, including the operator, of
a commercial motor vehicle;
``(ii) the detection of criminal activity or any other
violation of law relating to human trafficking; and
``(iii) enforcement of laws relating to human
trafficking;
``(I) otherwise support the recognition, prevention, and
reporting of human trafficking; and''; and
(2) in paragraph (3)(D)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for the detection of, and enforcement actions
taken as a result of, criminal activity (including the
trafficking of human beings)--
``(I) in a commercial motor vehicle; or
``(II) by any occupant, including the operator, of
a commercial motor vehicle; and
``(v) in addition to any funds otherwise made available
for the recognition, prevention, and reporting of human
trafficking, to support the recognition, prevention, and
reporting of human trafficking.''.
SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Immobilization grant program.--
``(A) Definition of passenger-carrying commercial motor
vehicle.--In this paragraph, the term `passenger-carrying
commercial motor vehicle' has the meaning given the term
`commercial motor vehicle' in section 31301.
``(B) Establishment.--The Secretary shall establish an
immobilization grant program under which the Secretary shall
provide to States discretionary grants for the immobilization
or impoundment of passenger-carrying commercial motor vehicles
that--
``(i) are determined to be unsafe; or
``(ii) fail inspection.
``(C) List of criteria for immobilization.--The Secretary,
in consultation with State commercial motor vehicle entities,
shall develop a list of commercial motor vehicle safety
violations and defects that the Secretary determines warrant
the immediate immobilization of a passenger-carrying commercial
motor vehicle.
``(D) Eligibility.--A State shall be eligible to receive a
grant under this paragraph only if the State has the authority
to require the immobilization or impoundment of a passenger-
carrying commercial motor vehicle--
``(i) with respect to which a motor vehicle safety
violation included in the list developed under subparagraph
(C) is determined to exist; or
``(ii) that is determined to have a defect included in
that list.
``(E) Use of funds.--A grant provided under this paragraph
may be used for--
``(i) the immobilization or impoundment of passenger-
carrying commercial motor vehicles described in
subparagraph (D);
``(ii) safety inspections of those passenger-carrying
commercial motor vehicles; and
``(iii) any other activity relating to an activity
described in clause (i) or (ii), as determined by the
Secretary.
``(F) Secretary authorization.--The Secretary may provide
to a State amounts for the costs associated with carrying out
an immobilization program using funds made available under
section 31104(a)(2).''.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT.
Section 31102(l) of title 49, United States Code (as amended by
section 23004), is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and inserting
``(2) through (5)''; and
(2) by adding at the end the following:
``(5) Commercial motor vehicle enforcement training and support
grant program.--
``(A) In general.--The Secretary shall administer a
commercial motor vehicle enforcement training and support grant
program funded under section 31104(a)(3), under which the
Secretary shall make discretionary grants to eligible entities
described in subparagraph (C) for the purposes described in
subparagraph (B).
``(B) Purposes.--The purposes of the grant program under
subparagraph (A) are--
``(i) to train non-Federal employees who conduct
commercial motor vehicle enforcement activities; and
``(ii) to develop related training materials.
``(C) Eligible entities.--An entity eligible for a
discretionary grant under the program described in subparagraph
(A) is a nonprofit organization that has--
``(i) expertise in conducting a training program for
non-Federal employees; and
``(ii) the ability to reach and involve in a training
program a target population of commercial motor vehicle
safety enforcement employees.''.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
(a) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31132 of title
49, United States Code.
(2) Study.--The term ``study'' means the study carried out
under subsection (b).
(b) Study.--The Secretary shall carry out a comprehensive study--
(1) to determine the causes of, and contributing factors to,
crashes that involve a commercial motor vehicle; and
(2) to identify data requirements, data collection procedures,
reports, and any other measures that can be used to improve the
ability of States and the Secretary--
(A) to evaluate future crashes involving commercial motor
vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement policies and
programs.
(c) Design.--The study shall be designed to yield information that
can be used to help policy makers, regulators, and law enforcement
identify activities and other measures that are likely to lead to
reductions in--
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) Consultation.--In designing and carrying out the study, the
Secretary may consult with individuals or entities with expertise on--
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and motor
carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) Public Comment.--The Secretary shall make available for public
comment information about the objectives, methodology, implementation,
findings, and other aspects of the study.
(f) Reports.--As soon as practicable after the date on which the
study is completed, the Secretary shall submit to Congress a report
describing the results of the study and any legislative recommendations
to facilitate reductions in the matters described in paragraphs (1)
through (3) of subsection (c).
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
(a) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the trucking
industry, holding only 24 percent of all transportation and
warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck transportation;
and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women are
underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent less
likely than male counterparts to be involved in a crash.
(b) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every opportunity
to encourage and support the pursuit and retention of careers in
trucking by women, including through programs that support recruitment,
driver training, and mentorship.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d)(1).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with more than 100 power units.
(4) Mid-sized trucking company.--The term ``mid-sized trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 11 power units
and not more than 100 power units.
(5) Power unit.--The term ``power unit'' means a self-propelled
vehicle under the jurisdiction of the Federal Motor Carrier Safety
Administration.
(6) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 1 power unit and
not more than 10 power units.
(d) Women of Trucking Advisory Board.--
(1) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an
advisory board, to be known as the ``Women of Trucking Advisory
Board'', to review and report on policies that--
(A) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(B) recruit, retain, or advance women in the trucking
industry.
(2) Membership.--
(A) In general.--The Board shall be composed of not fewer
than 8 members whose backgrounds, experience, and
certifications allow those members to contribute balanced
points of view and diverse ideas regarding the matters
described in paragraph (3)(B).
(B) Appointment.--
(i) In general.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall appoint
the members of the Board, of whom--
(I) not fewer than 1 shall be a representative of
large trucking companies;
(II) not fewer than 1 shall be a representative of
mid-sized trucking companies;
(III) not fewer than 1 shall be a representative of
small trucking companies;
(IV) not fewer than 1 shall be a representative of
nonprofit organizations in the trucking industry;
(V) not fewer than 1 shall be a representative of
trucking business associations;
(VI) not fewer than 1 shall be a representative of
independent owner-operators;
(VII) not fewer than 1 shall be a woman who is a
professional truck driver; and
(VIII) not fewer than 1 shall be a representative
of an institution of higher education or trucking trade
school.
(ii) Diversity.--A member of the Board appointed under
any of subclauses (I) through (VIII) of clause (i) may not
be appointed under any other subclause of that clause.
(C) Terms.--Each member shall be appointed for the life of
the Board.
(D) Compensation.--A member of the Board shall serve
without compensation.
(3) Duties.--
(A) In general.--The Board shall identify--
(i) barriers and industry trends that directly or
indirectly discourage women from pursuing and retaining
careers in trucking, including--
(I) any particular barriers and trends that impact
women minority groups;
(II) any particular barriers and trends that impact
women who live in rural, suburban, or urban areas; and
(III) any safety risks unique to women in the
trucking industry;
(ii) ways in which the functions of trucking companies,
nonprofit organizations, training and education providers,
and trucking associations may be coordinated to facilitate
support for women pursuing careers in trucking;
(iii) opportunities to expand existing opportunities
for women in the trucking industry; and
(iv) opportunities to enhance trucking training,
mentorship, education, and advancement and outreach
programs that would increase the number of women in the
trucking industry.
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Board shall submit to the
Administrator a report containing the findings and
recommendations of the Board, including recommendations that
companies, associations, institutions, other organizations, or
the Administrator may adopt--
(i) to address any industry trends identified under
subparagraph (A)(i);
(ii) to coordinate the functions of trucking companies,
nonprofit organizations, and trucking associations in a
manner that facilitates support for women pursuing careers
in trucking;
(iii)(I) to take advantage of any opportunities
identified under subparagraph (A)(iii); and
(II) to create new opportunities to expand existing
scholarship opportunities for women in the trucking
industry; and
(iv) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(4) Report to congress.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(i) the findings and recommendations of the Board under
paragraph (3)(B); and
(ii) any actions taken by the Administrator to adopt
the recommendations of the Board (or an explanation of the
reasons for not adopting the recommendations).
(B) Public availability.--The Administrator shall make the
report under subparagraph (A) publicly available--
(i) on the website of the Federal Motor Carrier Safety
Administration; and
(ii) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(5) Termination.--The Board shall terminate on submission of
the report to Congress under paragraph (4).
SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall solicit additional comment on the
advance notice of proposed rulemaking entitled ``State Inspection
Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April
27, 2016)).
(b) Final Rule.--
(1) In general.--After reviewing all comments received in
response to the solicitation under subsection (a), if the Secretary
determines that data and information exist to support moving
forward with a final rulemaking action, the Secretary shall issue a
final rule relating to the advance notice of proposed rulemaking
described in that subsection.
(2) Considerations.--In determining whether to issue a final
rule under paragraph (1), the Secretary shall consider the impact
of continuing to allow self-inspection as a means to satisfy
periodic inspection requirements on the safety of passenger carrier
operations.
SEC. 23009. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as the
``Truck Leasing Task Force'' (referred to in this section as the ``Task
Force'').
(b) Membership.--
(1) In general.--The Secretary shall select not more than 10
individuals to serve as members of the Task Force, including at
least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase agreements
to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize in
consumer finance issues, including experience with lease-
purchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to lease-
purchase agreements in the trucking industry.
(2) Compensation.--A member of the Task Force shall serve
without compensation.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to commercial
motor vehicle drivers, including lease-purchase agreements;
(2) the terms of the leasing agreements described in paragraph
(1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements affect
the frequency of maintenance performed on vehicles subject to those
agreements; and
(C) whether any such inequitable terms and agreements affect
whether a vehicle is kept in a general state of good repair;
(4) specific agreements available to drayage drivers at ports
relating to the Clean Truck Program or any similar program to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including port
drayage drivers;
(6) whether truck leasing agreements properly incentivize the
safe operation of vehicles, including driver compliance with the
hours of service regulations and laws governing speed and safety
generally;
(7) resources to assist commercial motor vehicle drivers in
assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single owner-
operators.
(d) Report.--On completion of the examination under subsection (c),
the Task Force shall submit to the Secretary, the Secretary of Labor,
and the appropriate committees of Congress a report containing--
(1) the findings of the Task Force with respect to the matters
described in subsection (c);
(2) best practices relating to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to entering
into such an agreement;
(B) assisting a commercial motor vehicle driver who has
entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as described
in section 31136 of title 49, United States Code; and
(3) recommendations relating to changes to laws (including
regulations), as applicable, at the Federal, State, or local level
to promote fair leasing agreements under which a commercial motor
vehicle driver, including a short haul driver, who is a party to
such an agreement is able to earn a rate commensurate with other
commercial motor vehicle drivers performing similar duties.
(e) Termination.--Not later than 30 days after the date on which
the report under subsection (d) is submitted, the Task Force shall
terminate.
SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
(a) Definitions.--In this section:
(1) Automatic emergency braking system.--The term ``automatic
emergency braking system'' means a system on a commercial motor
vehicle that, based on a predefined distance and closing rate with
respect to an obstacle in the path of the commercial motor
vehicle--
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision with the
obstacle, automatically applies the brakes of the commercial
motor vehicle.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of title
49, United States Code.
(b) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires any
commercial motor vehicle subject to section 571.136 of title
49, Code of Federal Regulations (relating to Federal Motor
Vehicle Safety Standard Number 136) (or a successor regulation)
that is manufactured after the effective date of the standard
prescribed under this subparagraph to be equipped with an
automatic emergency braking system; and
(B) as part of the standard under subparagraph (A),
establish performance requirements for automatic emergency
braking systems.
(2) Considerations.--Prior to prescribing the motor vehicle
safety standard under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking systems
in use in applicable commercial motor vehicles and address any
identified deficiencies with respect to those automatic
emergency braking systems in the rulemaking proceeding to
prescribe the standard, if practicable; and
(B) consult with representatives of commercial motor
vehicle drivers regarding the experiences of drivers with
automatic emergency braking systems in use in applicable
commercial motor vehicles, including any malfunctions or
unwarranted activations of those automatic emergency braking
systems.
(c) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall prescribe
a regulation under section 31136 of title 49, United States Code, that
requires that an automatic emergency braking system installed in a
commercial motor vehicle manufactured after the effective date of the
standard prescribed under subsection (b)(1)(A) that is in operation on
or after that date and is subject to section 571.136 of title 49, Code
of Federal Regulations (relating to Federal Motor Vehicle Safety
Standard Number 136) (or a successor regulation) be used at any time
during which the commercial motor vehicle is in operation.
(d) Report on Automatic Emergency Braking in Other Commercial Motor
Vehicles.--
(1) Study.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall complete a study on equipping a
variety of commercial motor vehicles not subject to section 571.136
of title 49, Code of Federal Regulations (relating to Federal Motor
Vehicle Safety Standard Number 136) (or a successor regulation) as
of that date of enactment with automatic emergency braking systems
to avoid or mitigate a collision with an obstacle in the path of
the commercial motor vehicle, including an assessment of the
feasibility, benefits, and costs associated with installing
automatic emergency braking systems on a variety of newly
manufactured commercial motor vehicles with a gross vehicle weight
rating greater than 10,001 pounds.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform research relating to the
study required under paragraph (1), the Secretary shall ensure that
the third party does not have any financial or contractual ties to,
or relationships with--
(A) a motor carrier that transports passengers or property
for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying automatic emergency
braking systems.
(3) Public comment.--Not later than 90 days after the date on
which the study under paragraph (1) is completed, the Secretary
shall--
(A) issue a notice in the Federal Register containing the
findings of the study; and
(B) provide an opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on Transportation
and Infrastructure and Energy and Commerce of the House of
Representatives a report that includes--
(A) the results of the study under paragraph (1);
(B) a summary of any comments received under paragraph
(3)(B); and
(C) a determination as to whether the Secretary intends to
develop performance requirements for automatic emergency
braking systems for applicable commercial motor vehicles,
including any analysis that led to that determination.
(5) Rulemaking.--Not later than 2 years after the date on which
the study under paragraph (1) is completed, the Secretary shall--
(A) determine whether a motor vehicle safety standard
relating to equipping the commercial motor vehicles described
in that paragraph with automatic emergency braking systems
would meet the requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49, United
States Code; and
(B) if the Secretary determines that a motor vehicle safety
standard described in subparagraph (A) would meet the
requirements and considerations described in that subparagraph,
initiate a rulemaking to prescribe such a motor vehicle safety
standard.
SEC. 23011. UNDERRIDE PROTECTION.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Advisory
Committee on Underride Protection established under subsection
(d)(1).
(2) Motor carrier.--The term ``motor carrier'' has the meaning
given the term in section 13102 of title 49, United States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of title
49, United States Code.
(4) Underride crash.--The term ``underride crash'' means a
crash in which a trailer or semitrailer intrudes into the passenger
compartment of a passenger motor vehicle.
(b) Rear Underride Guards.--
(1) Trailers and semitrailers.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to revise sections 571.223 and
571.224 of title 49, Code of Federal Regulations (relating to
Federal Motor Vehicle Safety Standard Numbers 223 and 224,
respectively), to require trailers and semitrailers
manufactured after the date on which those regulations are
promulgated to be equipped with rear impact guards that are
designed to prevent passenger compartment intrusion from a
trailer or semitrailer when a passenger motor vehicle traveling
at 35 miles per hour makes--
(i) an impact in which the passenger motor vehicle
impacts the center of the rear of the trailer or
semitrailer;
(ii) an impact in which 50 percent of the width of the
passenger motor vehicle overlaps the rear of the trailer or
semitrailer; and
(iii) an impact in which 30 percent of the width of the
passenger motor vehicle overlaps the rear of the trailer or
semitrailer, if the Secretary determines that a revision of
sections 571.223 and 571.224 of title 49, Code of Federal
Regulations (relating to Federal Motor Vehicle Safety
Standard Numbers 223 and 224, respectively) to address such
an impact would meet the requirements and considerations
described in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Effective date.--The regulations promulgated under
subparagraph (A) shall require full compliance with each
Federal Motor Vehicle Safety Standard revised pursuant to those
regulations not later than 2 years after the date on which
those regulations are promulgated.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear impact
guards that can--
(A) prevent underride crashes in cases in which the
passenger motor vehicle is traveling at speeds of up to 65
miles per hour; and
(B) protect passengers in passenger motor vehicles against
severe injury in crashes in which the passenger motor vehicle
is traveling at speeds of up to 65 miles per hour.
(3) Review of standards.--Not later than 5 years after the date
on which the regulations under paragraph (1)(A) are promulgated,
the Secretary shall--
(A) review the Federal Motor Vehicle Safety Standards
revised pursuant to those regulations and any other
requirements of those regulations relating to rear underride
guards on trailers or semitrailers to evaluate the need for
changes in response to advancements in technology; and
(B) update those Federal Motor Vehicle Safety Standards and
those regulations accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to revise the regulations relating
to minimum periodic inspection standards under appendix G to
subchapter B of chapter III of title 49, Code of Federal
Regulations, and the regulations relating to driver vehicle
inspection reports under section 396.11 of that title to
include requirements relating to rear impact guards and rear
end protection that are consistent with the requirements
described in section 393.86 of that title.
(B) Considerations.--In revising the regulations described
in subparagraph (A), the Secretary shall consider it to be a
defect or a deficiency if a rear impact guard is missing an, or
has a corroded or compromised, element that affects the
structural integrity and protective feature of the rear impact
guard.
(c) Side Underride Guards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete additional research on side underride guards
to better understand the overall effectiveness of side
underride guards;
(B) assess the feasibility, benefits, and costs of, and any
impacts on intermodal equipment, freight mobility (including
port operations), and freight capacity associated with,
installing side underride guards on newly manufactured trailers
and semitrailers with a gross vehicle weight rating of 10,000
pounds or more;
(C) consider the unique structural and operational aspects
of--
(i) intermodal chassis (as defined in section 340.2 of
title 46, Code of Federal Regulations; and
(ii) pole trailers (as defined in section 390.5 of
title 49, Code of Federal Regulations; and
(D) if warranted, develop performance standards for side
underride guards.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required under
paragraph (1)(A), the Secretary shall ensure that the third party
does not have any financial or contractual ties to, or
relationships with--
(A) a motor carrier that transports passengers or property
for compensation;
(B) the motor carrier industry; or
(C) an entity producing or supplying underride guards.
(3) Publication of assessment.--Not later than 90 days after
completion of the assessment required under paragraph (1)(B), the
Secretary shall--
(A) issue a notice in the Federal Register containing the
findings of the assessment; and
(B) provide an opportunity for public comment.
(4) Report to congress.--Not later than 90 days after the
conclusion of the public comment period under paragraph (3)(B), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
includes--
(A) the results of the assessment under paragraph (1)(B);
(B) a summary of any comments received by the Secretary
under paragraph (3)(B); and
(C) a determination as to whether the Secretary intends to
develop performance requirements for side underride guards,
including any analysis that led to that determination.
(d) Advisory Committee on Underride Protection.--
(1) Establishment.--The Secretary shall establish an Advisory
Committee on Underride Protection to provide advice and
recommendations to the Secretary on safety regulations to reduce
underride crashes and fatalities relating to underride crashes.
(2) Membership.--
(A) In general.--The Committee shall be composed of not
more than 20 members, appointed by the Secretary, who--
(i) are not employees of the Department; and
(ii) are qualified to serve on the Committee because of
their expertise, training, or experience.
(B) Representation.--The Committee shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent owner-
operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve without
compensation.
(4) Meetings.--The Committee shall meet not less frequently
than annually.
(5) Support.--On request of the Committee, the Secretary shall
provide information, administrative services, and supplies
necessary for the Committee to carry out the duties of the
Committee.
(6) Report.--The Committee shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a biennial report that--
(A) describes the advice and recommendations made to the
Secretary; and
(B) includes an assessment of progress made by the
Secretary in advancing safety regulations relating to underride
crashes.
(e) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations described in the report of the Government
Accountability Office entitled ``Truck Underride Guards: Improved Data
Collection, Inspections, and Research Needed'', published on March 14,
2019, and numbered GAO-19-264.
SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport not fewer than 9, and not more than 15, passengers
(including the driver), whether operated alone or with a trailer
attached for the transport of recreational equipment, if--
``(A) the motor vehicle is operated by a person that
provides recreational activities;
``(B) the transportation is provided within a 150 air-mile
radius of the location at which passengers initially boarded
the motor vehicle at the outset of the trip; and
``(C) in the case of a motor vehicle transporting
passengers over a route between a place in a State and a place
in another State, the person operating the motor vehicle is
lawfully providing transportation of passengers over the entire
route in accordance with applicable State law.''.
SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of household
goods; and
(B) subject to the requirements of part 375 of title 49,
Code of Federal Regulations (as in effect on the effective date
of any amendments made pursuant to the notice of proposed
rulemaking issued under subsection (b)).
(b) Amendments to Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to amend, as the Secretary determines to be
appropriate, regulations relating to the interstate transportation of
household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider amending the
following provisions of title 49, Code of Federal Regulations, in
accordance with the following recommendations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration entitled
``Ready to Move-Tips for a Successful Interstate Move'' and
numbered ESA-03-005 on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to require
each covered carrier to provide to each individual shipper,
together with any written estimate provided to the shipper, a copy
of the publication described in appendix A of part 375 of that
title, entitled ``Your Rights and Responsibilities When You Move''
and numbered ESA-03-006 (or a successor publication), in the form
of a written copy or a hyperlink on the website of the covered
carrier to the location on the website of the Administration
containing that publication.
(3) Section 375.213 to repeal subsection (e) of that section.
(4) Section 375.401(a) to require each covered carrier--
(A) to conduct a visual survey of the household goods to be
transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in subparagraph (A)
for all household goods shipments, regardless of the distance
between--
(i) the location of the household goods; and
(ii) the location of the agent of the covered carrier
preparing the estimate; and
(C) to provide to each shipper a copy of the publication of
the Administration entitled ``Ready to Move-Tips for a
Successful Interstate Move'' and numbered ESA-03-005 on receipt
from the shipper of a request to schedule, or a waiver of, a
visual survey offered under subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any additional
item or requests any additional service prior to loading a
shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner in
which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier is
not required to provide to a shipper an order for service if the
covered carrier elects to provide the information described in
paragraphs (1) through (15) of that section in a bill of lading
that is presented to the shipper before the covered carrier
receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term ``invoice''.
SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT
COORDINATION.
(a) Definitions.--In this section:
(1) Covered state.--The term ``covered State'' means a State
that receives Federal funds under the motor carrier safety
assistance program established under section 31102 of title 49,
United States Code.
(2) Imminent hazard.--The term ``imminent hazard'' has the same
meaning as in section 521 of title 49, United States Code.
(b) Review and Enforcement of State Out-of-service Orders.--As soon
as practicable after the date of enactment of this Act, the Secretary
shall publish in the Federal Register a process under which the
Secretary shall review each out-of-service order issued by a covered
State in accordance with section 31144(d) of title 49, United States
Code, by not later than 30 days after the date on which the out-of-
service order is submitted to the Secretary by the covered State.
(c) Review and Enforcement of State Imminent Hazard
Determinations.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register a process under which the Secretary shall review imminent
hazard determinations made by covered States.
(2) Enforcement.--On reviewing an imminent hazard determination
under paragraph (1), the Secretary shall pursue enforcement under
section 521 of title 49, United States Code, as the Secretary
determines to be appropriate.
SEC. 23015. LIMOUSINE RESEARCH.
(a) Definitions.--In this section:
(1) Limousine.--The term ``limousine'' means a motor vehicle--
(A) that has a seating capacity of 9 or more persons
(including the driver);
(B) with a gross vehicle weight rating greater than 10,000
pounds but not greater than 26,000 pounds;
(C) that the Secretary has determined by regulation has
physical characteristics resembling--
(i) a passenger car;
(ii) a multipurpose passenger vehicle; or
(iii) a truck with a gross vehicle weight rating of
10,000 pounds or less; and
(D) that is not a taxi, nonemergency medical, or
paratransit motor vehicle.
(2) Limousine operator.--The term ``limousine operator'' means
a person who owns or leases, and uses, a limousine to transport
passengers for compensation.
(3) Motor vehicle safety standard.--The term ``motor vehicle
safety standard'' has the meaning given the term in section
30102(a) of title 49, United States Code.
(4) State.--The term ``State'' has the meaning given such term
in section 30102(a) of title 49, United States Code.
(b) Crashworthiness.--
(1) Research.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall complete research into
the development of motor vehicle safety standards for side impact
protection, roof crush resistance, and air bag systems for the
protection of occupants in limousines with alternative seating
positions, including perimeter seating arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Subject to clause (ii), not later than
2 years after the date on which the research under
paragraph (1) is completed, the Secretary shall prescribe,
for the protection of occupants in limousines with
alternative seating positions, a final motor vehicle safety
standard for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) Requirements and considerations.--The Secretary
may only prescribe a motor vehicle safety standard
described in clause (i) if the Secretary determines that
the standard meets the requirements and considerations
described in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Report.--If the Secretary determines that a motor
vehicle safety standard described in subparagraph (A)(i) would
not meet the requirements and considerations described in
subsections (a) and (b) of section 30111 of title 49, United
States Code, the Secretary shall publish in the Federal
Register and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the reasons for not prescribing the standard.
(c) Evacuation.--
(1) Research.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete research into
safety features and standards that aid evacuation in the event that
an exit in the passenger compartment of a limousine is blocked.
(2) Rulemaking or report.--
(A) Limousine evacuation.--
(i) In general.--Subject to clause (ii), not later than
2 years after the date on which the research under
paragraph (1) is completed, the Secretary shall prescribe a
final motor vehicle safety standard based on the results of
that research.
(ii) Requirements and considerations.--The Secretary
may only prescribe a motor vehicle safety standard
described in clause (i) if the Secretary determines that
the standard meets the requirements and considerations
described in subsections (a) and (b) of section 30111 of
title 49, United States Code.
(B) Report.--If the Secretary determines that a standard
described in subparagraph (A)(i) would not meet the
requirements and considerations described in subsections (a)
and (b) of section 30111 of title 49, United States Code, the
Secretary shall publish in the Federal Register and submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the reasons for not
prescribing the standard.
(d) Limousine Inspection Disclosure.--
(1) In general.--A limousine operator may not introduce a
limousine into interstate commerce unless the limousine operator
has prominently disclosed in a clear and conspicuous notice,
including on the website of the operator if the operator has a
website, the following:
(A) The date of the most recent inspection of the limousine
required under State or Federal law, if applicable.
(B) The results of the inspection, if applicable.
(C) Any corrective action taken by the limousine operator
to ensure the limousine passed inspection, if applicable.
(2) Federal trade commission enforcement.--
(A) In general.--The Federal Trade Commission shall enforce
this subsection in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this subsection.
(B) Treatment.--Any person who violates this subsection
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Savings provision.--Nothing in this subsection limits the
authority of the Federal Trade Commission under any other provision
of law.
(4) Effective date.--This subsection shall take effect on the
date that is 180 days after the date of enactment of this Act.
SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the National Consumer
Complaint Database of the Federal Motor Carrier Safety Administration.
(b) Contents.--The report under subsection (a) shall include--
(1) a review of the process and effectiveness of efforts to
review and follow-up on complaints submitted to the National
Consumer Complaint Database;
(2) an identification of the top 5 complaint categories;
(3) an identification of--
(A) the process that the Federal Motor Carrier Safety
Administration uses to determine which entities to take
enforcement actions against; and
(B) the top categories of enforcement actions taken by the
Federal Motor Carrier Safety Administration;
(4) a review of the use of the National Consumer Complaint
Database website over the 5-year period ending on December 31,
2020, including information obtained by conducting interviews with
drivers, customers of movers of household goods, brokers, motor
carriers, including small business motor carriers, and other users
of the website to determine the usability of the website;
(5) a review of efforts taken by the Federal Motor Carrier
Safety Administration to raise awareness of the National Consumer
Complaint Database; and
(6) recommendations, as appropriate, including with respect to
methods--
(A) for improving the usability of the National Consumer
Complaint Database website;
(B) for improving the review of complaints;
(C) for using data collected through the National Consumer
Complaint Database to identify bad actors;
(D) to improve confidence and transparency in the complaint
process; and
(E) for improving stakeholder awareness of and
participation in the National Consumer Complaint Database and
the complaint system, including improved communication about
the purpose of the National Consumer Complaint Database.
SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to Congress a report analyzing the cost and
effectiveness of electronic logging devices and detailing the
processes--
(1) used by the Federal Motor Carrier Safety Administration--
(A) to review electronic logging device logs; and
(B) to protect proprietary information and personally
identifiable information obtained from electronic logging
device logs; and
(2) through which an operator may challenge or appeal a
violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.
SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) drivers transporting livestock (as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) including insects) within a 150 air-mile radius
from the final destination of the livestock.''.
SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER'S
LICENSES.
The Administrator of the Federal Motor Carrier Safety
Administration shall revise section 383.3(f)(3)(ii) of title 49, Code
of Federal Regulations (or a successor regulation), to provide that a
restricted commercial driver's license issued to an employee in a farm-
related service industry shall be limited to the applicable seasonal
periods defined by the State issuing the restricted commercial driver's
license, subject to the condition that the total number of days in any
calendar year during which the restricted commercial driver's license
is valid does not exceed 210.
SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL
MOTOR VEHICLES.
Not later than 3 years after the date of enactment of this Act, and
every 3 years thereafter, the Secretary, acting through the Department
of Transportation Advisory Committee on Human Trafficking established
under section 5(a) of the Combating Human Trafficking in Commercial
Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with
the Attorney General to prepare and submit to Congress a report
relating to human trafficking violations involving commercial motor
vehicles, which shall include recommendations for countering human
trafficking, including an assessment of previous best practices by
transportation stakeholders.
SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue guidance to clarify the
definitions of the terms ``broker'' and ``bona fide agents'' in section
371.2 of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing guidance under subsection (a), the
Secretary shall take into consideration--
(1) the extent to which technology has changed the nature of
freight brokerage;
(2) the role of bona fide agents; and
(3) other aspects of the freight transportation industry.
(c) Dispatch Services.--In issuing guidance under subsection (a),
the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for unauthorized
brokerage activities under section 14916 of title 49, United States
Code, applicable to a dispatch service.
SEC. 23022. APPRENTICESHIP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an individual
who--
(A) is under the age of 21; and
(B) holds a commercial driver's license.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section 31301
of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 390.5 of title
49, Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(4) Driving time.--The term ``driving time'' has the meaning
given the term in section 395.2 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(5) Experienced driver.--The term ``experienced driver'' means
an individual who--
(A) is not younger than 26 years of age;
(B) has held a commercial driver's license for the 2-year
period ending on the date on which the individual serves as an
experienced driver under subsection (b)(2)(C)(ii);
(C) during the 2-year period ending on the date on which
the individual serves as an experienced driver under subsection
(b)(2)(C)(ii), has had no--
(i) preventable accidents reportable to the Department;
or
(ii) pointed moving violations; and
(D) has a minimum of 5 years of experience driving a
commercial motor vehicle in interstate commerce.
(6) On-duty time.--The term ``on-duty time'' has the meaning
given the term in section 395.2 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(7) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being added to
the license of a driver, or a similar comparable violation, as
determined by the Secretary.
(b) Pilot Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish, in accordance
with section 31315(c) of title 49, United States Code, a pilot
program allowing employers to establish the apprenticeship programs
described in paragraph (2).
(2) Description of apprenticeship program.--An apprenticeship
program referred to in paragraph (1) is a program that consists of
the following requirements:
(A) 120-hour probationary period.--
(i) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
shall be driving time in a commercial motor vehicle.
(ii) Performance benchmarks.--To complete the 120-hour
probationary period under clause (i), the employer of an
apprentice shall determine that the apprentice is competent
in each of the following areas:
(I) Interstate, city traffic, rural 2-lane, and
evening driving.
(II) Safety awareness.
(III) Speed and space management.
(IV) Lane control.
(V) Mirror scanning.
(VI) Right and left turns.
(VII) Logging and complying with rules relating to
hours of service.
(B) 280-hour probationary period.--
(i) In general.--After completing the 120-hour
probationary period under subparagraph (A), an apprentice
shall complete 280 hours of on-duty time, of which not less
than 160 hours shall be driving time in a commercial motor
vehicle.
(ii) Performance benchmarks.--To complete the 280-hour
probationary period under clause (i), the employer of an
apprentice shall determine that the apprentice is competent
in each of the following areas:
(I) Backing and maneuvering in close quarters.
(II) Pretrip inspections.
(III) Fueling procedures.
(IV) Weighing loads, weight distribution, and
sliding tandems.
(V) Coupling and uncoupling procedures.
(VI) Trip planning, truck routes, map reading,
navigation, and permits.
(C) Restrictions for probationary periods.--During the 120-
hour probationary period under subparagraph (A) and the 280-
hour probationary period under subparagraph (B)--
(i) an apprentice may only drive a commercial motor
vehicle that has--
(I) an automatic manual or automatic transmission;
(II) an active braking collision mitigation system;
(III) a forward-facing video event capture system;
and
(IV) a governed speed of 65 miles per hour--
(aa) at the pedal; and
(bb) under adaptive cruise control; and
(ii) an apprentice shall be accompanied in the
passenger seat of the commercial motor vehicle by an
experienced driver.
(D) Records retention.--The employer of an apprentice shall
maintain records, in a manner required by the Secretary,
relating to the satisfaction of the performance benchmarks
described in subparagraphs (A)(ii) and (B)(ii) by the
apprentice.
(E) Reportable incidents.--If an apprentice is involved in
a preventable accident reportable to the Department or a
pointed moving violation while driving a commercial motor
vehicle as part of an apprenticeship program described in this
paragraph, the apprentice shall undergo remediation and
additional training until the apprentice can demonstrate, to
the satisfaction of the employer, competence in each of the
performance benchmarks described in subparagraphs (A)(ii) and
(B)(ii).
(F) Completion of program.--An apprentice shall be
considered to have completed an apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under subparagraph (B).
(G) Minimum requirements.--
(i) In general.--Nothing in this section prevents an
employer from imposing any additional requirement on an
apprentice participating in an apprenticeship program
established under this section.
(ii) Technologies.--Nothing in this section prevents an
employer from requiring or installing in a commercial motor
vehicle any technology in addition to the technologies
described in subparagraph (C)(i).
(3) Apprentices.--An apprentice may--
(A) drive a commercial motor vehicle in interstate commerce
while participating in the 120-hour probationary period under
paragraph (2)(A) or the 280-hour probationary period under
paragraph (2)(B) pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(B) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (2), unless the Secretary determines
there exists a safety concern.
(4) Limitation.--The Secretary may not allow more than 3,000
apprentices at any 1 time to participate in the pilot program
established under paragraph (1).
(c) Termination.--Effective beginning on the date that is 3 years
after the date of establishment of the pilot program under subsection
(b)(1)--
(1) the pilot program shall terminate; and
(2) any driver under the age of 21 who has completed an
apprenticeship program described in subsection (b)(2) may drive a
commercial motor vehicle in interstate commerce, unless the
Secretary determines there exists a safety concern.
(d) No Effect on License Requirement.--Nothing in this section
exempts an apprentice from any requirement to hold a commercial
driver's license in order to operate a commercial motor vehicle.
(e) Data Collection.--The Secretary shall collect and analyze--
(1) data relating to any incident in which an apprentice
participating in the pilot program established under subsection
(b)(1) is involved;
(2) data relating to any incident in which a driver under the
age of 21 operating a commercial motor vehicle in intrastate
commerce is involved; and
(3) such other data relating to the safety of apprentices aged
18 to 20 years operating in interstate commerce as the Secretary
determines to be necessary.
(f) Limitation.--A driver under the age of 21 participating in the
pilot program under this section may not--
(1) transport--
(A) a passenger; or
(B) hazardous cargo; or
(2) operate a commercial motor vehicle--
(A) in special configuration; or
(B) with a gross vehicle weight rating of more than 80,000
pounds.
(g) Report to Congress.--Not later than 120 days after the date of
conclusion of the pilot program under subsection (b), the Secretary
shall submit to Congress a report including--
(1) the findings and conclusions resulting from the pilot
program, including with respect to technologies or training
provided by commercial motor carriers for apprentices as part of
the pilot program to successfully improve safety;
(2) an analysis of the safety record of apprentices
participating in the pilot program, as compared to other commercial
motor vehicle drivers;
(3) the number of drivers that discontinued participation in
the apprenticeship program before completion;
(4) a comparison of the safety records of participating drivers
before, during, and after the probationary periods under
subparagraphs (A) and (B) of subsection (b)(2);
(5) a comparison, for each participating driver, of average on-
duty time, driving time, and time spent away from home terminal
before, during, and after the probationary periods referred to in
paragraph (4); and
(6) a recommendation, based on the data collected, regarding
whether the level of safety achieved by the pilot program is
equivalent to, or greater than, the level of safety for equivalent
commercial motor vehicle drivers aged 21 years or older.
(h) Rule of Construction.--Nothing in this section affects the
authority of the Secretary under section 31315 of title 49, United
States Code, with respect to the pilot program established under
subsection (b)(1), including the authority to revoke participation in,
and terminate, the pilot program under paragraphs (3) and (4) of
subsection (c) of that section.
(i) Driver Compensation Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the Federal Motor Carrier Safety Administration,
shall offer to enter into a contract with the Transportation
Research Board under which the Transportation Research Board shall
conduct a study of the impacts of various methods of driver
compensation on safety and driver retention, including--
(A) hourly pay;
(B) payment for detention time; and
(C) other payment methods used in the industry as of the
date on which the study is conducted.
(2) Consultation.--In conducting the study under paragraph (1),
the Transportation Research Board shall consult with--
(A) labor organizations representing commercial motor
vehicle drivers;
(B) representatives of the motor carrier industry,
including owner-operators; and
(C) such other stakeholders as the Transportation Research
Board determines to be relevant.
SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
(a) Limousine Standards.--
(1) Safety belt and seating system standards for limousines.--
Not later than 2 years after the date of enactment of this Act, the
Secretary shall prescribe a final rule that--
(A) amends Federal Motor Vehicle Safety Standard Numbers
208, 209, and 210 to require to be installed in limousines on
each designated seating position, including on side-facing
seats--
(i) an occupant restraint system consisting of
integrated lap-shoulder belts; or
(ii) an occupant restraint system consisting of a lap
belt, if an occupant restraint system described in clause
(i) does not meet the need for motor vehicle safety; and
(B) amends Federal Motor Vehicle Safety Standard Number 207
to require limousines to meet standards for seats (including
side-facing seats), seat attachment assemblies, and seat
installation to minimize the possibility of failure by forces
acting on the seats, attachment assemblies, and installations
as a result of motor vehicle impact.
(2) Report on retrofit assessment for limousines.--Not later
than 2 years after the date of enactment of this Act, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that assesses the
feasibility, benefits, and costs with respect to the application of
any requirement established under paragraph (1) to a limousine
introduced into interstate commerce before the date on which the
requirement takes effect.
(b) Modifications of Certain Vehicles.--The final rule prescribed
under subsection (a)(1) and any standards prescribed under subsection
(b) or (c) of section 23015 shall apply to a person modifying a
passenger motor vehicle (as defined in section 32101 of title 49,
United States Code) that has already been purchased by the first
purchaser (as defined in section 30102(b) of that title) by increasing
the wheelbase of the vehicle to make the vehicle a limousine.
(c) Application.--The requirements of this section apply
notwithstanding section 30112(b)(1) of title 49, United States Code.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--To carry out section 402 of title
23, United States Code--
(A) $363,400,000 for fiscal year 2022;
(B) $370,900,000 for fiscal year 2023;
(C) $378,400,000 for fiscal year 2024;
(D) $385,900,000 for fiscal year 2025; and
(E) $393,400,000 for fiscal year 2026.
(2) Highway safety research and development.--To carry out
section 403 of title 23, United States Code--
(A) $186,000,000 for fiscal year 2022;
(B) $190,000,000 for fiscal year 2023;
(C) $194,000,000 for fiscal year 2024;
(D) $198,000,000 for fiscal year 2025; and
(E) $202,000,000 for fiscal year 2026.
(3) High-visibility enforcement program.--To carry out section
404 of title 23, United States Code--
(A) $36,400,000 for fiscal year 2022;
(B) $38,300,000 for fiscal year 2023;
(C) $40,300,000 for fiscal year 2024;
(D) $42,300,000 for fiscal year 2025; and
(E) $44,300,000 for fiscal year 2026.
(4) National priority safety programs.--To carry out section
405 of title 23, United States Code--
(A) $336,500,000 for fiscal year 2022;
(B) $346,500,000 for fiscal year 2023;
(C) $353,500,000 for fiscal year 2024;
(D) $360,500,000 for fiscal year 2025; and
(E) $367,500,000 for fiscal year 2026.
(5) Administrative expenses.--For administrative and related
operating expenses of the National Highway Traffic Safety
Administration in carrying out chapter 4 of title 23, United States
Code, and this title--
(A) $38,000,000 for fiscal year 2022;
(B) $39,520,000 for fiscal year 2023;
(C) $41,100,800 for fiscal year 2024;
(D) $42,744,832 for fiscal year 2025; and
(E) $44,454,625 for fiscal year 2026.
(6) National driver register.--For the National Highway Traffic
Safety Administration to carry out chapter 303 of title 49, United
States Code--
(A) $6,800,000 for fiscal year 2022;
(B) $7,000,000 for fiscal year 2023;
(C) $7,200,000 for fiscal year 2024;
(D) $7,400,000 for fiscal year 2025; and
(E) $7,600,000 for fiscal year 2026.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, and chapter 303 of title 49, United States Code,
the amounts made available under subsection (a) or any other provision
of law from the Highway Trust Fund (other than the Mass Transit
Account) for a program under those chapters--
(1) shall only be used to carry out that program; and
(2) may not be used by a State or local government for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, and chapter 303 of title 49, United States Code,
the amounts made available under subsection (a) for fiscal years 2022
through 2026 shall be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23, United States
Code.
(d) Highway Safety General Requirements.--
(1) In general.--Chapter 4 of title 23, United States Code, is
amended--
(A) by redesignating sections 409 and 412 and sections 407
and 408, respectively; and
(B) by inserting after section 405 the following:
``Sec. 406. General requirements for Federal assistance
``(a) Definition of Funded Project.--In this section, the term
`funded project' means a project funded, in whole or in part, by a
grant provided under section 402 or 405.
``(b) Regulatory Authority.--Each funded project shall be carried
out in accordance with applicable regulations promulgated by the
Secretary.
``(c) State Matching Requirements.--If a grant provided under this
chapter requires any State to share in the cost of a funded project,
the aggregate of the expenditures made by the State (including any
political subdivision of the State) for highway safety activities
during a fiscal year, exclusive of Federal funds, for carrying out the
funded project (other than expenditures for planning or administration)
shall be credited toward the non-Federal share of the cost of any other
funded project (other than planning and administration) during that
fiscal year, regardless of whether those expenditures were made in
connection with the project.
``(d) Grant Application and Deadline.--
``(1) Applications.--To be eligible to receive a grant under
this chapter, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information as
the Secretary may require.
``(2) Deadline.--The Secretary shall establish a single
deadline for the submission of applications under paragraph (1) to
enable the provision of grants under this chapter early in each
applicable fiscal year beginning after the date of submission.
``(e) Distribution of Funds to States.--Not later than 60 days
after the later of the start of a fiscal year or the date of enactment
of any appropriations Act making funds available to carry out this
chapter for that fiscal year, the Secretary shall distribute to each
State the portion of those funds to which the State is entitled for the
applicable fiscal year.''.
(2) Clerical amendment.--The analysis for chapter 4 of title
23, United States Code, is amended by striking the items relating
to sections 406 through 412 and inserting the following:
``406. General requirements for Federal assistance.
``407. Discovery and admission as evidence of certain reports and
surveys.
``408. Agency accountability.''.
SEC. 24102. HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402 of title 23, United States Code, is
amended--
(1) by striking ``accidents'' each place it appears and
inserting ``crashes'';
(2) by striking ``accident'' each place it appears and
inserting ``crash'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``shall have'' and all
that follows through the period at the end and inserting the
following: ``shall have in effect a highway safety program
that--
``(i) is designed to reduce--
``(I) traffic crashes; and
``(II) deaths, injuries, and property damage
resulting from those crashes;
``(ii) includes--
``(I) an approved, current, triennial highway
safety plan in accordance with subsection (k); and
``(II) an approved grant application under
subsection (l) for the fiscal year;
``(iii) demonstrates compliance with the applicable
administrative requirements of subsection (b)(1); and
``(iv) is approved by the Secretary.'';
(B) in paragraph (2)(A)--
(i) in clause (ii), by striking ``occupant protection
devices (including the use of safety belts and child
restraint systems)'' and inserting ``safety belts'';
(ii) in clause (vii), by striking ``and'' at the end;
(iii) by redesignating clauses (iii) through (viii) as
clauses (iv) through (ix), respectively;
(iv) by inserting after clause (ii) the following:
``(iii) to encourage more widespread and proper use of
child restraints, with an emphasis on underserved
populations;''; and
(v) by adding at the end the following:
``(x) to reduce crashes caused by driver misuse or
misunderstanding of new vehicle technology;
``(xi) to increase vehicle recall awareness;
``(xii) to provide to the public information relating
to the risks of child heatstroke death when left unattended
in a motor vehicle after the motor is deactivated by the
operator;
``(xiii) to reduce injuries and deaths resulting from
the failure by drivers of motor vehicles to move to another
traffic lane or reduce the speed of the vehicle when law
enforcement, fire service, emergency medical services, or
other emergency or first responder vehicles are stopped or
parked on or next to a roadway with emergency lights
activated; and
``(xiv) to prevent crashes, injuries, and deaths caused
by unsecured vehicle loads;''; and
(C) by adding at the end the following:
``(3) Additional considerations.--A State that has legalized
medicinal or recreational marijuana shall take into consideration
implementing programs in addition to the programs described in
paragraph (2)(A)--
``(A) to educate drivers regarding the risks associated
with marijuana-impaired driving; and
``(B) to reduce injuries and deaths resulting from
individuals driving motor vehicles while impaired by
marijuana.'';
(4) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) provide for a comprehensive, data-driven traffic
safety program that results from meaningful public
participation and engagement from affected communities,
particularly those most significantly impacted by traffic
crashes resulting in injuries and fatalities;'';
(C) in subparagraph (C), by striking ``authorized in
accordance with subparagraph (B)'';
(D) in subparagraph (D), by striking ``with disabilities,
including those in wheelchairs'' and inserting ``, including
those with disabilities and those in wheelchairs'';
(E) by striking subparagraph (E) and inserting the
following:
``(E) as part of a comprehensive program, support--
``(i) data-driven traffic safety enforcement programs
that foster effective community collaboration to increase
public safety; and
``(ii) data collection and analysis to ensure
transparency, identify disparities in traffic enforcement,
and inform traffic enforcement policies, procedures, and
activities; and''; and
(F) in subparagraph (F)--
(i) in clause (i), by striking ``national law
enforcement mobilizations and high-visibility'' and
inserting ``national, high-visibility'';
(ii) in clause (iv), by striking ``and'' after the
semicolon at the end;
(iii) in clause (v), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(vi) unless the State highway safety program is
developed by American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, or the United States Virgin
Islands, participation in the Fatality Analysis Reporting
System.'';
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph designation and heading
and all that follows through ``Funds authorized'' and
inserting the following:
``(1) Use for state activities.--
``(A) In general.--The funds authorized''; and
(ii) by adding at the end the following:
``(B) Neighboring states.--A State, acting in cooperation
with any neighboring State, may use funds provided under this
section for a highway safety program that may confer a benefit
on the neighboring State.'';
(B) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Apportionment to states.--
``(A) Definition of public road.--In this paragraph, the
term `public road' means any road that is--
``(i) subject to the jurisdiction of, and maintained
by, a public authority; and
``(ii) held open to public travel.
``(B) Apportionment.--
``(i) In general.--Except for the amounts identified in
section 403(f) and the amounts subject to subparagraph (C),
of the funds made available under this section--
``(I) 75 percent shall be apportioned to each State
based on the ratio that, as determined by the most
recent decennial census--
``(aa) the population of the State; bears to
``(bb) the total population of all States; and
``(II) 25 percent shall be apportioned to each
State based on the ratio that, subject to clause (ii)--
``(aa) the public road mileage in each State;
bears to
``(bb) the total public road mileage in all
States.
``(ii) Calculation.--For purposes of clause (i)(II),
public road mileage shall be--
``(I) determined as of the end of the calendar year
preceding the year during which the funds are
apportioned;
``(II) certified by the Governor of the State; and
``(III) subject to approval by the Secretary.
``(C) Minimum apportionments.--The annual apportionment
under this section to--
``(i) each State shall be not less than \3/4\ of 1
percent of the total apportionment;
``(ii) the Secretary of the Interior shall be not less
than 2 percent of the total apportionment; and
``(iii) the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands shall be not less than \1/4\ of 1 percent
of the total apportionment.
``(D) Penalty.--
``(i) In general.--The funds apportioned under this
section to a State that does not have approved or in effect
a highway safety program described in subsection (a)(1)
shall be reduced by an amount equal to not less than 20
percent of the amount that would otherwise be apportioned
to the State under this section, until the date on which
the Secretary, as applicable--
``(I) approves such a highway safety program; or
``(II) determines that the State is implementing
such a program.
``(ii) Factor for consideration.--In determining the
amount of the reduction in funds apportioned to a State
under this subparagraph, the Secretary shall take into
consideration the gravity of the failure by the State to
secure approval, or to implement, a highway safety program
described in subsection (a)(1).
``(E) Limitations.--
``(i) In general.--A highway safety program approved by
the Secretary shall not include any requirement that a
State shall implement such a program by adopting or
enforcing any law, rule, or regulation based on a guideline
promulgated by the Secretary under this section requiring
any motorcycle operator aged 18 years or older, or a
motorcycle passenger aged 18 years or older, to wear a
safety helmet when operating or riding a motorcycle on the
streets and highways of that State.
``(ii) Effect of guidelines.--Nothing in this section
requires a State highway safety program to require
compliance with every uniform guideline, or with every
element of every uniform guideline, in every State.
``(3) Reapportionment.--
``(A) In general.--The Secretary shall promptly apportion
to a State any funds withheld from the State under paragraph
(2)(D) if the Secretary makes an approval or determination, as
applicable, described in that paragraph by not later than July
31 of the fiscal year for which the funds were withheld.
``(B) Continuing state failure.--If the Secretary
determines that a State fails to correct a failure to have
approved or in effect a highway safety program described in
subsection (a)(1) by the date described in subparagraph (A),
the Secretary shall reapportion the funds withheld from that
State under paragraph (2)(D) for the fiscal year to the other
States in accordance with the formula described in paragraph
(2)(B) by not later than the last day of the fiscal year.'';
and
(C) in paragraph (4)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (A), respectively, and moving the
subparagraphs so as to appear in alphabetical order; and
(iii) by adding at the end the following:
``(C) Special rule for school and work zones.--
Notwithstanding subparagraph (B), a State may expend funds
apportioned to the State under this section to carry out a
program to purchase, operate, or maintain an automated traffic
enforcement system in a work zone or school zone.
``(D) Automated traffic enforcement system guidelines.--An
automated traffic enforcement system installed pursuant to
subparagraph (C) shall comply with such guidelines applicable
to speed enforcement camera systems and red light camera
systems as are established by the Secretary.'';
(6) in subsection (k)--
(A) by striking the subsection designation and heading and
all that follows through ``thereafter'' in paragraph (1) and
inserting the following:
``(k) Triennial Highway Safety Plan.--
``(1) In general.--For fiscal year 2024, and not less
frequently than once every 3 fiscal years thereafter'';
(B) in paragraph (1), by striking ``for that fiscal year,
to develop and submit to the Secretary for approval a highway
safety plan'' and inserting ``for the 3 fiscal years covered by
the plan, to develop and submit to the Secretary for approval a
triennial highway safety plan'';
(C) by striking paragraph (2) and inserting the following:
``(2) Timing.--Each State shall submit to the Secretary a
triennial highway safety plan by not later than July 1 of the
fiscal year preceding the first fiscal year covered by the plan.'';
(D) in paragraph (3), by inserting ``triennial'' before
``highway'';
(E) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State highway safety plans'' and
inserting ``Each State triennial highway safety plan'';
and
(II) by inserting ``, with respect to the 3 fiscal
years covered by the plan, based on the information
available on the date of submission under paragraph
(2)'' after ``include'';
(ii) in subparagraph (A)(ii), by striking ``annual
performance targets'' and inserting ``performance targets
that demonstrate constant or improved performance'';
(iii) by striking subparagraph (B) and inserting the
following:
``(B) a countermeasure strategy for programming funds under
this section for projects that will allow the State to meet the
performance targets described in subparagraph (A), including a
description--
``(i) that demonstrates the link between the
effectiveness of each proposed countermeasure strategy and
those performance targets; and
``(ii) of the manner in which each countermeasure
strategy is informed by uniform guidelines issued by the
Secretary;'';
(iv) in subparagraph (D)--
(I) by striking ``, State, local, or private''; and
(II) by inserting ``and'' after the semicolon at
the end;
(v) in subparagraph (E)--
(I) by striking ``for the fiscal year preceding the
fiscal year to which the plan applies,''; and
(II) by striking ``performance targets set forth in
the previous year's highway safety plan; and'' and
inserting ``performance targets set forth in the most
recently submitted highway safety plan.''; and
(vi) by striking subparagraph (F);
(F) by striking paragraph (5) and inserting the following:
``(5) Performance measures.--The Secretary shall develop
minimum performance measures under paragraph (4)(A) in consultation
with the Governors Highway Safety Association.''; and
(G) in paragraph (6)--
(i) in the paragraph heading, by inserting
``triennial'' before ``highway'';
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively;
(iii) in each of subparagraphs (C) through (F) (as so
redesignated), by inserting ``triennial'' before
``highway'' each place it appears; and
(iv) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall review and approve or disapprove a
triennial highway safety plan of a State by not later than 60
days after the date on which the plan is received by the
Secretary.
``(B) Additional information.--
``(i) In general.--The Secretary may request a State to
submit to the Secretary such additional information as the
Secretary determines to be necessary for review of the
triennial highway safety plan of the State.
``(ii) Extension of deadline.--On providing to a State
a request for additional information under clause (i), the
Secretary may extend the deadline to approve or disapprove
the triennial highway safety plan of the State under
subparagraph (A) for not more than an additional 90 days,
as the Secretary determines to be necessary to accommodate
that request, subject to clause (iii).
``(iii) Timing.--Any additional information requested
under clause (i) shall be submitted to the Secretary by not
later than 7 business days after the date of receipt by the
State of the request.'';
(7) by inserting after subsection (k) the following:
``(l) Annual Grant Application and Reporting Requirements.--
``(1) Annual grant application.--
``(A) In general.--To be eligible to receive grant funds
under this chapter for a fiscal year, each State shall submit
to the Secretary an annual grant application that, as
determined by the Secretary--
``(i) demonstrates alignment with the approved
triennial highway safety plan of the State; and
``(ii) complies with the requirements under this
subsection.
``(B) Timing.--The deadline for submission of annual grant
applications under this paragraph shall be determined by the
Secretary in accordance with section 406(d)(2).
``(C) Contents.--An annual grant application under this
paragraph shall include, at a minimum--
``(i) such updates, as necessary, to any analysis
included in the triennial highway safety plan of the State;
``(ii) an identification of each project and
subrecipient to be funded by the State using the grants
during the upcoming grant year, subject to the condition
that the State shall separately submit, on a date other
than the date of submission of the annual grant
application, a description of any projects or subrecipients
to be funded, as that information becomes available;
``(iii) a description of the means by which the
strategy of the State to use grant funds was adjusted and
informed by the previous report of the State under
paragraph (2); and
``(iv) an application for any additional grants
available to the State under this chapter.
``(D) Review.--The Secretary shall review and approve or
disapprove an annual grant application under this paragraph by
not later than 60 days after the date of submission of the
application.
``(2) Reporting requirements.--Not later than 120 days after
the end of each fiscal year for which a grant is provided to a
State under this chapter, the State shall submit to the Secretary
an annual report that includes--
``(A) an assessment of the progress made by the State in
achieving the performance targets identified in the triennial
highway safety plan of the State, based on the most currently
available Fatality Analysis Reporting System data; and
``(B)(i) a description of the extent to which progress made
in achieving those performance targets is aligned with the
triennial highway safety plan of the State; and
``(ii) if applicable, any plans of the State to adjust a
strategy for programming funds to achieve the performance
targets.'';
(8) in subsection (m)(1), by striking ``a State's highway
safety plan'' and inserting ``the applicable triennial highway
safety plan of the State''; and
(9) by striking subsection (n) and inserting the following:
``(n) Public Transparency.--
``(1) In general.--The Secretary shall publicly release on a
Department of Transportation website, by not later than 45 calendar
days after the applicable date of availability--
``(A) each triennial highway safety plan approved by the
Secretary under subsection (k);
``(B) each State performance target under subsection (k);
and
``(C) an evaluation of State achievement of applicable
performance targets under subsection (k).
``(2) State highway safety plan website.--
``(A) In general.--In carrying out paragraph (1), the
Secretary shall establish a public website that is easily
accessible, navigable, and searchable for the information
required under that paragraph, in order to foster greater
transparency in approved State highway safety programs.
``(B) Contents.--The website established under subparagraph
(A) shall--
``(i) include the applicable triennial highway safety
plan, and the annual report, of each State submitted to,
and approved by, the Secretary under subsection (k); and
``(ii) provide a means for the public to search the
website for State highway safety program content required
under subsection (k), including--
``(I) performance measures required by the
Secretary;
``(II) progress made toward meeting the applicable
performance targets during the preceding program year;
``(III) program areas and expenditures; and
``(IV) a description of any sources of funds, other
than funds provided under this section, that the State
proposes to use to carry out the triennial highway
safety plan of the State.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to any grant application or State highway
safety plan submitted under chapter 4 of title 23, United States Code,
for fiscal year 2024 or thereafter.
SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) by striking ``accident'' each place it appears and
inserting ``crash'';
(2) in subsection (b)(1), in the matter preceding subparagraph
(A), by inserting ``, training, education,'' after ``demonstration
projects'';
(3) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal year
ending before October 1, 2015, and $443,989 of the total amount
available for apportionment to the States for highway safety
programs under section 402(c) in the period beginning on
October 1, 2015, and ending on December 4, 2015,'' and
inserting ``section 402(c) in each fiscal year'';
(4) in subsection (h)--
(A) in paragraph (2), by striking ``2017 through 2021 not
more than $26,560,000' to conduct the research described in
paragraph (1)'' and inserting ``2022 through 2025, not more
than $45,000,000 to conduct the research described in paragraph
(2)'';
(B) in paragraph (5)(A), by striking ``section
30102(a)(6)'' and inserting ``section 30102(a)''; and
(C) by redesignating paragraphs (1), (2), (3), (4), and (5)
as paragraphs (2), (3), (4), (5), and (1), respectively, and
moving the paragraphs so as to appear in numerical order; and
(5) by adding at the end the following:
``(k) Child Safety Campaign.--
``(1) In general.--The Secretary shall carry out an education
campaign to reduce the incidence of vehicular heatstroke of
children left in passenger motor vehicles (as defined in section
30102(a) of title 49).
``(2) Advertising.--The Secretary may use, or authorize the use
of, funds made available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising and Internet-based outreach for the education campaign
under paragraph (1).
``(3) Coordination.--In carrying out the education campaign
under paragraph (1), the Secretary shall coordinate with--
``(A) interested State and local governments;
``(B) private industry; and
``(C) other parties, as determined by the Secretary.
``(l) Development of State Processes for Informing Consumers of
Recalls.--
``(1) Definitions.--In this subsection:
``(A) Motor vehicle.--The term `motor vehicle' has the
meaning given the term in section 30102(a) of title 49.
``(B) Open recall.--The term `open recall' means a motor
vehicle recall--
``(i) for which a notification by a manufacturer has
been provided under section 30119 of title 49; and
``(ii) that has not been remedied under section 30120
of that title.
``(C) Program.--The term `program' means the program
established under paragraph (2)(A).
``(D) Registration.--The term `registration' means the
process for registering a motor vehicle in a State (including
registration renewal).
``(E) State.--The term `State' has the meaning given the
term in section 101(a).
``(2) Grants.--
``(A) Establishment of program.--Not later than 2 years
after the date of enactment of this subsection, the Secretary
shall establish a program under which the Secretary shall
provide grants to States for use in developing and implementing
State processes for informing each applicable owner and lessee
of a motor vehicle of any open recall on the motor vehicle at
the time of registration of the motor vehicle in the State, in
accordance with this paragraph.
``(B) Eligibility.--To be eligible to receive a grant under
the program, a State shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require; and
``(ii) agree--
``(I) to notify each owner or lessee of a motor
vehicle presented for registration in the State of any
open recall on that motor vehicle; and
``(II) to provide to each owner or lessee of a
motor vehicle presented for registration, at no cost--
``(aa) the open recall information for the
motor vehicle; and
``(bb) such other information as the Secretary
may require.
``(C) Factors for consideration.--In selecting grant
recipients under the program, the Secretary shall take into
consideration the methodology of a State for--
``(i) identifying open recalls on a motor vehicle;
``(ii) informing each owner and lessee of a motor
vehicle of an open recall; and
``(iii) measuring performance in--
``(I) informing owners and lessees of open recalls;
and
``(II) remedying open recalls.
``(D) Performance period.--A grant provided under the
program shall require a performance period of 2 years.
``(E) Report.--Not later than 90 days after the date of
completion of the performance period under subparagraph (D),
each State that receives a grant under the program shall submit
to the Secretary a report that contains such information as the
Secretary considers to be necessary to evaluate the extent to
which open recalls have been remedied in the State.
``(F) No regulations required.--Notwithstanding any other
provision of law, the Secretary shall not be required to issue
any regulations to carry out the program.
``(3) Paperwork reduction act.--Chapter 35 of title 44
(commonly known as the `Paperwork Reduction Act') shall not apply
to information collected under the program.
``(4) Funding.--
``(A) In general.--For each of fiscal years 2022 through
2026, the Secretary shall obligate from funds made available to
carry out this section $1,500,000 to carry out the program.
``(B) Reallocation.--To ensure, to the maximum extent
practicable, that all amounts described in subparagraph (A) are
obligated each fiscal year, the Secretary, before the last day
of any fiscal year, may reallocate any of those amounts
remaining available to increase the amounts made available to
carry out any other activities authorized under this section.
``(m) Innovative Highway Safety Countermeasures.--
``(1) In general.--In conducting research under this section,
the Secretary shall evaluate the effectiveness of innovative
behavioral traffic safety countermeasures, other than traffic
enforcement, that are considered promising or likely to be
effective for the purpose of enriching revisions to the document
entitled `Countermeasures That Work: A Highway Safety
Countermeasure Guide for State Highway Safety Offices, Ninth
Edition' and numbered DOT HS 812 478 (or any successor document).
``(2) Treatment.--The research described in paragraph (1) shall
be in addition to any other research carried out under this
section.''.
SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
Section 404(a) of title 23, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2022 through 2026''.
SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (6) and (9);
(B) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(C) by striking the subsection designation and heading and
all that follows through ``the following:'' in the matter
preceding paragraph (2) (as so redesignated) and inserting the
following:
``(a) Program Authority.--
``(1) In general.--Subject to the requirements of this section,
the Secretary shall--
``(A) manage programs to address national priorities for
reducing highway deaths and injuries; and
``(B) allocate funds for the purpose described in
subparagraph (A) in accordance with this subsection.'';
(D) in paragraph (4) (as so redesignated), by striking
``52.5 percent'' and inserting ``53 percent'';
(E) in paragraph (7)--
(i) by striking ``5 percent'' and inserting ``7
percent''; and
(ii) by striking ``subsection (h)'' and inserting
``subsection (g)'';
(F) by redesignating paragraphs (8) and (10) as paragraphs
(10) and (11), respectively;
(G) by inserting after paragraph (7) the following:
``(8) Preventing roadside deaths.--In each fiscal year, 1
percent of the funds provided under this section shall be allocated
among States that meet requirements with respect to preventing
roadside deaths under subsection (h).
``(9) Driver officer safety education.--In each fiscal year,
1.5 percent of the funds provided under this section shall be
allocated among States that meet requirements with respect to
driver and officer safety education under subsection (i).''; and
(H) in paragraph (10) (as so redesignated)--
(i) by striking ``(1) through (7)'' and inserting ``(2)
through (9)''; and
(ii) by striking ``(b) through (h)'' and inserting
``(b) through (i)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``of Transportation'';
(B) in paragraph (3)(B)(ii)(VI)(aa), by striking ``3-year''
and inserting ``5-year''; and
(C) in paragraph (4)--
(i) in subparagraph (A), by striking clause (v) and
inserting the following:
``(v) implement programs--
``(I) to recruit and train nationally certified
child passenger safety technicians among police
officers, fire and other first responders, emergency
medical personnel, and other individuals or
organizations serving low-income and underserved
populations;
``(II) to educate parents and caregivers in low-
income and underserved populations regarding the
importance of proper use and correct installation of
child restraints on every trip in a motor vehicle; and
``(III) to purchase and distribute child restraints
to low-income and underserved populations; and''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Requirements.--Each State that is eligible to receive
funds--
``(i) under paragraph (3)(A) shall use--
``(I) not more than 90 percent of those funds to
carry out a project or activity eligible for funding
under section 402; and
``(II) not less than 10 percent of those funds to
carry out subparagraph (A)(v); and
``(ii) under paragraph (3)(B) shall use not less than
10 percent of those funds to carry out the activities
described in subparagraph (A)(v).'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``of Transportation''; and
(ii) in subparagraph (D), by striking ``States; and''
and inserting ``States, including the National EMS
Information System;'';
(B) in paragraph (3)--
(i) by striking the paragraph designation and heading
and all that follows through ``has a functioning'' in
subparagraph (A) and inserting the following:
``(3) Eligibility.--A State shall not be eligible to receive a
grant under this subsection for a fiscal year unless the State--
``(A) has certified to the Secretary that the State--
``(i) has a functioning'';
(ii) in subparagraph (B)--
(I) by adding ``and'' after the semicolon at the
end; and
(II) by redesignating the subparagraph as clause
(ii) of subparagraph (A) and indenting the clause
appropriately;
(iii) in subparagraph (C)--
(I) by adding ``and'' after the semicolon at the
end; and
(II) by redesignating the subparagraph as clause
(iii) of subparagraph (A) and indenting the clause
appropriately;
(iv) by redesignating subparagraph (D) as subparagraph
(B);
(v) in clause (vi) of subparagraph (B) (as so
redesignated), by striking ``; and'' and inserting a
period; and
(vi) by striking subparagraph (E);
(C) by striking paragraph (4) and inserting the following:
``(4) Use of grant amounts.--A State may use a grant received
under this subsection to make data program improvements to core
highway safety databases relating to quantifiable, measurable
progress in any significant data program attribute described in
paragraph (3)(B), including through--
``(A) software or applications to identify, collect, and
report data to State and local government agencies, and enter
data into State core highway safety databases, including crash,
citation or adjudication, driver, emergency medical services or
injury surveillance system, roadway, and vehicle data;
``(B) purchasing equipment to improve a process by which
data are identified, collated, and reported to State and local
government agencies, including technology for use by law
enforcement for near-real time, electronic reporting of crash
data;
``(C) improving the compatibility and interoperability of
the core highway safety databases of the State with national
data systems and data systems of other States, including the
National EMS Information System;
``(D) enhancing the ability of a State and the Secretary to
observe and analyze local, State, and national trends in crash
occurrences, rates, outcomes, and circumstances;
``(E) supporting traffic records improvement training and
expenditures for law enforcement, emergency medical, judicial,
prosecutorial, and traffic records professionals;
``(F) hiring traffic records professionals for the purpose
of improving traffic information systems (including a State
Fatal Accident Reporting System (FARS) liaison);
``(G) adoption of the Model Minimum Uniform Crash Criteria,
or providing to the public information regarding why any of
those criteria will not be used, if applicable;
``(H) supporting reporting criteria relating to emerging
topics, including--
``(i) impaired driving as a result of drug, alcohol, or
polysubstance consumption; and
``(ii) advanced technologies present on motor vehicles;
and
``(I) conducting research relating to State traffic safety
information systems, including developing programs to improve
core highway safety databases and processes by which data are
identified, collected, reported to State and local government
agencies, and entered into State core safety databases.''; and
(D) by adding at the end the following:
``(6) Technical assistance.--
``(A) In general.--The Secretary shall provide technical
assistance to States, regardless of whether a State receives a
grant under this subsection, with respect to improving the
timeliness, accuracy, completeness, uniformity, integration,
and public accessibility of State safety data that are needed
to identify priorities for Federal, State, and local highway
and traffic safety programs, including on adoption by a State
of the Model Minimum Uniform Crash Criteria.
``(B) Funds.--The Secretary may use not more than 3 percent
of the amounts available under this subsection to carry out
subparagraph (A).'';
(4) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (B)--
(I) by striking clause (iii) and inserting the
following:
``(iii) court support of impaired driving prevention
efforts, including--
``(I) hiring criminal justice professionals,
including law enforcement officers, prosecutors,
traffic safety resource prosecutors, judges, judicial
outreach liaisons, and probation officers;
``(II) training and education of those
professionals to assist the professionals in preventing
impaired driving and handling impaired driving cases,
including by providing compensation to a law
enforcement officer to carry out safety grant
activities to replace a law enforcement officer who is
receiving drug recognition expert training or
participating as an instructor in that drug recognition
expert training; and
``(III) establishing driving while intoxicated
courts;'';
(II) by striking clause (v) and inserting the
following:
``(v) improving blood alcohol and drug concentration
screening and testing, detection of potentially impairing
drugs (including through the use of oral fluid as a
specimen), and reporting relating to testing and
detection;'';
(III) in clause (vi), by striking ``conducting
standardized field sobriety training, advanced roadside
impaired driving evaluation training, and'' and
inserting ``conducting initial and continuing
standardized field sobriety training, advanced roadside
impaired driving evaluation training, law enforcement
phlebotomy training, and'';
(IV) in clause (ix), by striking ``and'' at the
end;
(V) in clause (x), by striking the period at the
end and inserting ``; and''; and
(VI) by adding at the end the following:
``(xi) testing and implementing programs, and
purchasing technologies, to better identify, monitor, or
treat impaired drivers, including--
``(I) oral fluid-screening technologies;
``(II) electronic warrant programs;
``(III) equipment to increase the scope, quantity,
quality, and timeliness of forensic toxicology chemical
testing;
``(IV) case management software to support the
management of impaired driving offenders; and
``(V) technology to monitor impaired-driving
offenders, and equipment and related expenditures used
in connection with impaired-driving enforcement in
accordance with criteria established by the National
Highway Traffic Safety Administration.''; and
(ii) in subparagraph (C)--
(I) in the second sentence, by striking ``Medium-
range'' and inserting the following:
``(ii) Medium-range and high-range states.--Subject to
clause (iii), medium-range'';
(II) in the first sentence, by striking ``Low-
range'' and inserting the following:
``(i) Low-range states.--Subject to clause (iii), low-
range''; and
(III) by adding at the end the following:
``(iii) Reporting and impaired driving measures.--A
State may use grant funds for any expenditure relating to--
``(I) increasing the timely and accurate reporting
to Federal, State, and local databases of--
``(aa) crash information, including electronic
crash reporting systems that allow accurate real-
or near-real-time uploading of crash information;
and
``(bb) impaired driving criminal justice
information; or
``(II) researching or evaluating impaired driving
countermeasures.'';
(B) in paragraph (6)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) Grants to states with alcohol-ignition interlock
laws.--The Secretary shall make a separate grant under this
subsection to each State that--
``(i) adopts, and is enforcing, a mandatory alcohol-
ignition interlock law for all individuals convicted of
driving under the influence of alcohol or of driving while
intoxicated;
``(ii) does not allow an individual convicted of
driving under the influence of alcohol or of driving while
intoxicated to receive any driving privilege or driver's
license unless the individual installs on each motor
vehicle registered, owned, or leased for operation by the
individual an ignition interlock for a period of not less
than 180 days; or
``(iii) has in effect, and is enforcing--
``(I) a State law requiring for any individual who
is convicted of, or the driving privilege of whom is
revoked or denied for, refusing to submit to a chemical
or other appropriate test for the purpose of
determining the presence or concentration of any
intoxicating substance, a State law requiring a period
of not less than 180 days of ignition interlock
installation on each motor vehicle to be operated by
the individual; and
``(II) a compliance-based removal program, under
which an individual convicted of driving under the
influence of alcohol or of driving while intoxicated
shall--
``(aa) satisfy a period of not less than 180
days of ignition interlock installation on each
motor vehicle to be operated by the individual; and
``(bb) have completed a minimum consecutive
period of not less than 40 percent of the required
period of ignition interlock installation
immediately preceding the date of release of the
individual, without a confirmed violation.''; and
(ii) in subparagraph (D), by striking ``2009'' and
inserting ``2022''; and
(C) in paragraph (7)(A), in the matter preceding clause
(i), by inserting ``or local'' after ``authorizes a State'';
(5) in subsection (e)--
(A) by striking paragraphs (6) and (8);
(B) by redesignating paragraphs (1), (2), (3), (4), (5),
(7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and
(1), respectively, and moving the paragraphs so as to appear in
numerical order;
(C) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``, the following definitions apply'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Personal wireless communications device.--
``(i) In general.--The term `personal wireless
communications device' means--
``(I) a device through which personal wireless
services (as defined in section 332(c)(7)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)))
are transmitted; and
``(II) a mobile telephone or other portable
electronic communication device with which a user
engages in a call or writes, sends, or reads a text
message using at least 1 hand.
``(ii) Exclusion.--The term `personal wireless
communications device' does not include a global navigation
satellite system receiver used for positioning, emergency
notification, or navigation purposes.''; and
(iii) by striking subparagraph (E) and inserting the
following:
``(E) Text.--The term `text' means--
``(i) to read from, or manually to enter data into, a
personal wireless communications device, including for the
purpose of SMS texting, emailing, instant messaging, or any
other form of electronic data retrieval or electronic data
communication; and
``(ii) manually to enter, send, or retrieve a text
message to communicate with another individual or device.
``(F) Text message.--
``(i) In general.--The term `text message' means--
``(I) a text-based message;
``(II) an instant message;
``(III) an electronic message; and
``(IV) email.
``(ii) Exclusions.--The term `text message' does not
include--
``(I) an emergency, traffic, or weather alert; or
``(II) a message relating to the operation or
navigation of a motor vehicle.'';
(D) by striking paragraph (2) (as so redesignated) and
inserting the following:
``(2) Grant program.--The Secretary shall provide a grant under
this subsection to any State that includes distracted driving
awareness as part of the driver's license examination of the State.
``(3) Allocation.--
``(A) In general.--For each fiscal year, not less than 50
percent of the amounts made available to carry out this
subsection shall be allocated to States, based on the
proportion that--
``(i) the apportionment of the State under section 402
for fiscal year 2009; bears to
``(ii) the apportionment of all States under section
402 for that fiscal year.
``(B) Grants for states with distracted driving laws.--
``(i) In general.--In addition to the allocations under
subparagraph (A), for each fiscal year, not more than 50
percent of the amounts made available to carry out this
subsection shall be allocated to States that enact and
enforce a law that meets the requirements of paragraph (4),
(5), or (6)--
``(I) based on the proportion that--
``(aa) the apportionment of the State under
section 402 for fiscal year 2009; bears to
``(bb) the apportionment of all States under
section 402 for that fiscal year; and
``(II) subject to clauses (ii), (iii), and (iv), as
applicable.
``(ii) Primary laws.--Subject to clause (iv), in the
case of a State that enacts and enforces a law that meets
the requirements of paragraph (4), (5), or (6) as a primary
offense, the allocation to the State under this
subparagraph shall be 100 percent of the amount calculated
to be allocated to the State under clause (i)(I).
``(iii) Secondary laws.--Subject to clause (iv), in the
case of a State that enacts and enforces a law that meets
the requirements of paragraph (4), (5), or (6) as a
secondary enforcement action, the allocation to the State
under this subparagraph shall be an amount equal to 50
percent of the amount calculated to be allocated to the
State under clause (i)(I).
``(iv) Texting while driving.--Notwithstanding clauses
(ii) and (iii), the allocation under this subparagraph to a
State that enacts and enforces a law that prohibits a
driver from viewing a personal wireless communications
device (except for purposes of navigation) shall be 25
percent of the amount calculated to be allocated to the
State under clause (i)(I).'';
(E) in paragraph (4) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``set forth in this'' and inserting ``of this'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(iv) in subparagraph (B) (as so redesignated), by
striking ``minimum''; and
(v) in subparagraph (C) (as so redesignated), by
striking ``text through a personal wireless communication
device'' and inserting ``use a personal wireless
communications device for texting'';
(F) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Prohibition on handheld phone use while driving.--A State
law meets the requirements of this paragraph if the law--
``(A) prohibits a driver from holding a personal wireless
communications device while driving;
``(B) establishes a fine for a violation of that law; and
``(C) does not provide for an exemption that specifically
allows a driver to use a personal wireless communications
device for texting while stopped in traffic.'';
(G) in paragraph (6) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``set forth in this'' and inserting ``of this'';
(ii) in subparagraph (A)(ii), by striking ``set forth
in subsection (g)(2)(B)'';
(iii) by striking subparagraphs (B) and (D);
(iv) by redesignating subparagraph (C) as subparagraph
(B);
(v) in subparagraph (B) (as so redesignated), by
striking ``minimum''; and
(vi) by adding at the end the following:
``(C) does not provide for--
``(i) an exemption that specifically allows a driver to
use a personal wireless communications device for texting
while stopped in traffic; or
``(ii) an exemption described in paragraph (7)(E).'';
and
(H) in paragraph (7) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``set forth in paragraph (2) or (3)'' and
inserting ``of paragraph (4), (5), or (6)'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) a driver who uses a personal wireless communications
device during an emergency to contact emergency services to
prevent injury to persons or property;'';
(iii) in subparagraph (C), by striking ``and'' at the
end;
(iv) by redesignating subparagraph (D) as subparagraph
(F); and
(v) by inserting after subparagraph (C) the following:
``(D) a driver who uses a personal wireless communications
device for navigation;
``(E) except for a law described in paragraph (6), the use
of a personal wireless communications device--
``(i) in a hands-free manner;
``(ii) with a hands-free accessory; or
``(iii) with the activation or deactivation of a
feature or function of the personal wireless communications
device with the motion of a single swipe or tap of the
finger of the driver; and'';
(6) in subsection (f)(3)--
(A) in subparagraph (A)(i), by striking ``accident'' and
inserting ``crash'';
(B) by redesignating subparagraphs (C) through (F) as
subparagraphs (D) through (G), respectively;
(C) by inserting after subparagraph (B) the following:
``(C) Helmet law.--A State law requiring the use of a
helmet for each motorcycle rider under the age of 18.''; and
(D) in subparagraph (F) (as so redesignated), in the
subparagraph heading, by striking ``accidents'' and inserting
``crashes'';
(7) by striking subsection (g);
(8) by redesignating subsection (h) as subsection (g);
(9) in subsection (g) (as so redesignated)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Definition of nonmotorized road user.--In this
subsection, the term `nonmotorized road user' means--
``(A) a pedestrian;
``(B) an individual using a nonmotorized mode of
transportation, including a bicycle, a scooter, or a personal
conveyance; and
``(C) an individual using a low-speed or low-horsepower
motorized vehicle, including an electric bicycle, electric
scooter, personal mobility assistance device, personal
transporter, or all-terrain vehicle.'';
(C) in paragraph (2) (as so redesignated), by striking
``pedestrian and bicycle fatalities and injuries that result
from crashes involving a motor vehicle'' and inserting
``nonmotorized road user fatalities involving a motor vehicle
in transit on a trafficway'';
(D) in paragraph (4) (as so redesignated), by striking
``pedestrian and bicycle'' and inserting ``nonmotorized road
user''; and
(E) by striking paragraph (5) (as so redesignated) and
inserting the following:
``(5) Use of grant amounts.--Grant funds received by a State
under this subsection may be used for the safety of nonmotorized
road users, including--
``(A) training of law enforcement officials relating to
nonmotorized road user safety, State laws applicable to
nonmotorized road user safety, and infrastructure designed to
improve nonmotorized road user safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State traffic
laws applicable to nonmotorized road user safety;
``(C) public education and awareness programs designed to
inform motorists and nonmotorized road users regarding--
``(i) nonmotorized road user safety, including
information relating to nonmotorized mobility and the
importance of speed management to the safety of
nonmotorized road users;
``(ii) the value of the use of nonmotorized road user
safety equipment, including lighting, conspicuity
equipment, mirrors, helmets, and other protective
equipment, and compliance with any State or local laws
requiring the use of that equipment;
``(iii) State traffic laws applicable to nonmotorized
road user safety, including the responsibilities of
motorists with respect to nonmotorized road users; and
``(iv) infrastructure designed to improve nonmotorized
road user safety; and
``(D) the collection of data, and the establishment and
maintenance of data systems, relating to nonmotorized road user
traffic fatalities.''; and
(10) by adding at the end the following:
``(h) Preventing Roadside Deaths.--
``(1) In general.--The Secretary shall provide grants to States
to prevent death and injury from crashes involving motor vehicles
striking other vehicles and individuals stopped at the roadside.
``(2) Federal share.--The Federal share of the cost of carrying
out an activity funded through a grant under this subsection may
not exceed 80 percent.
``(3) Eligibility.--A State shall receive a grant under this
subsection in a fiscal year if the State submits to the Secretary a
plan that describes the method by which the State will use grant
funds in accordance with paragraph (4).
``(4) Use of funds.--Amounts received by a State under this
subsection shall be used by the State--
``(A) to purchase and deploy digital alert technology
that--
``(i) is capable of receiving alerts regarding nearby
first responders; and
``(ii) in the case of a motor vehicle that is used for
emergency response activities, is capable of sending alerts
to civilian drivers to protect first responders on the
scene and en route;
``(B) to educate the public regarding the safety of
vehicles and individuals stopped at the roadside in the State
through public information campaigns for the purpose of
reducing roadside deaths and injury;
``(C) for law enforcement costs relating to enforcing State
laws to protect the safety of vehicles and individuals stopped
at the roadside;
``(D) for programs to identify, collect, and report to
State and local government agencies data relating to crashes
involving vehicles and individuals stopped at the roadside; and
``(E) to pilot and incentivize measures, including optical
visibility measures, to increase the visibility of stopped and
disabled vehicles.
``(5) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion to
the apportionment of that State under section 402 for fiscal year
2022.
``(i) Driver and Officer Safety Education.--
``(1) Definition of peace officer.--In this subsection, the
term `peace officer' includes any individual--
``(A) who is an elected, appointed, or employed agent of a
government entity;
``(B) who has the authority--
``(i) to carry firearms; and
``(ii) to make warrantless arrests; and
``(C) whose duties involve the enforcement of criminal laws
of the United States.
``(2) Grants.--Subject to the requirements of this subsection,
the Secretary shall provide grants to--
``(A) States that enact or adopt a law or program described
in paragraph (4); and
``(B) qualifying States under paragraph (7).
``(3) Federal share.--The Federal share of the cost of carrying
out an activity funded through a grant under this subsection may
not exceed 80 percent.
``(4) Description of law or program.--A law or program referred
to in paragraph (2)(A) is a law or program that requires 1 or more
of the following:
``(A) Driver education and driving safety courses.--The
inclusion, in driver education and driver safety courses
provided to individuals by educational and motor vehicle
agencies of the State, of instruction and testing relating to
law enforcement practices during traffic stops, including
information relating to--
``(i) the role of law enforcement and the duties and
responsibilities of peace officers;
``(ii) the legal rights of individuals concerning
interactions with peace officers;
``(iii) best practices for civilians and peace officers
during those interactions;
``(iv) the consequences for failure of an individual or
officer to comply with the law or program; and
``(v) how and where to file a complaint against, or a
compliment relating to, a peace officer.
``(B) Peace officer training programs.--Development and
implementation of a training program, including instruction and
testing materials, for peace officers and reserve law
enforcement officers (other than officers who have received
training in a civilian course described in subparagraph (A))
with respect to proper interaction with civilians during
traffic stops.
``(5) Use of funds.--A State may use a grant provided under
this subsection for--
``(A) the production of educational materials and training
of staff for driver education and driving safety courses and
peace officer training described in paragraph (4); and
``(B) the implementation of a law or program described in
paragraph (4).
``(6) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion to
the apportionment of that State under section 402 for fiscal year
2022.
``(7) Special rule for certain states.--
``(A) Definition of qualifying state.--In this paragraph,
the term `qualifying State' means a State that--
``(i) has received a grant under this subsection for a
period of not more than 5 years; and
``(ii) as determined by the Secretary--
``(I) has not fully enacted or adopted a law or
program described in paragraph (4); but
``(II)(aa) has taken meaningful steps toward the
full implementation of such a law or program; and
``(bb) has established a timetable for the
implementation of such a law or program.
``(B) Withholding.--The Secretary shall--
``(i) withhold 50 percent of the amount that each
qualifying State would otherwise receive under this
subsection if the qualifying State were a State described
in paragraph (2)(A); and
``(ii) direct any amounts withheld under clause (i) for
distribution among the States that are enforcing and
carrying out a law or program described in paragraph
(4).''.
(b) Technical Amendment.--Section 4010(2) of the FAST Act (23
U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all''
before ``deficiencies''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to any grant application or State highway
safety plan submitted under chapter 4 of title 23, United States Code,
for fiscal year 2024 or thereafter.
SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
(a) Impaired Driving Countermeasures.--Section 154(c)(1) of title
23, United States Code, is amended by striking ``alcohol-impaired''
each place it appears and inserting ``impaired''.
(b) Comptroller General Study of National DUI Reporting.--
(1) In general.--The Comptroller General of the United States
shall conduct a study of the reporting of impaired driving arrest
and citation data into Federal databases and the interstate sharing
of information relating to impaired driving-related convictions and
license suspensions to facilitate the widespread identification of
repeat impaired driving offenders.
(2) Inclusions.--The study conducted under paragraph (1) shall
include a detailed assessment of--
(A) the extent to which State and local criminal justice
agencies are reporting impaired driving arrest and citation
data to Federal databases;
(B) barriers--
(i) at the Federal, State, and local levels, to the
reporting of impaired driving arrest and citation data to
Federal databases; and
(ii) to the use of those databases by criminal justice
agencies;
(C) Federal, State, and local resources available to
improve the reporting and sharing of impaired driving data; and
(D) any options or recommendations for actions that Federal
agencies or Congress could take to further improve the
reporting and sharing of impaired driving data.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the
appropriate committees of Congress a report describing the results
of the study conducted under this subsection.
SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
Section 164(b)(1) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``alcohol-impaired'' and
inserting ``alcohol- or multiple substance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``intoxicated or driving'' and inserting
``intoxicated, driving while multiple substance-impaired, or
driving''; and
(B) by striking ``alcohol-impaired'' and inserting
``alcohol- or multiple substance-impaired''.
SEC. 24108. CRASH DATA.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall revise the crash data collection
system to include the collection of crash report data elements that
distinguish individual personal conveyance vehicles, such as electric
scooters and bicycles, from other vehicles involved in a crash.
(b) Coordination.--In carrying out subsection (a), the Secretary
may coordinate with States to update the Model Minimum Uniform Crash
Criteria to provide guidance to States regarding the collection of
information and data elements for the crash data collection system.
(c) Vulnerable Road Users.--
(1) Update.--Based on the information contained in the
vulnerable road user safety assessments required by subsection (f)
of section 32302 of title 49, United States Code (as added by
section 24213(b)(2)), the Secretary shall modify existing crash
data collection systems to include the collection of additional
crash report data elements relating to vulnerable road user safety.
(2) Injury health data.--The Secretary shall coordinate with
the Director of the Centers for Disease Control and Prevention to
develop and implement a plan for States to combine highway crash
data and injury health data to produce a national database of
pedestrian injuries and fatalities, disaggregated by demographic
characteristics.
(d) State Electronic Data Collection.--
(1) Definitions.--In this subsection:
(A) Electronic data transfer.--The term ``electronic data
transfer'' means a protocol for automated electronic transfer
of State crash data to the National Highway Traffic Safety
Administration.
(B) State.--The term ``State'' means--
(i) each of the 50 States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) the United States Virgin Islands;
(v) Guam;
(vi) American Samoa;
(vii) the Commonwealth of the Northern Mariana Islands;
and
(viii) the Secretary of the Interior, acting on behalf
of an Indian Tribe.
(2) Establishment of program.--The Secretary shall establish a
program under which the Secretary shall--
(A) provide grants for the modernization of State data
collection systems to enable full electronic data transfer
under paragraph (3); and
(B) upgrade the National Highway Traffic Safety
Administration system to manage and support State electronic
data transfers relating to crashes under paragraph (4).
(3) State grants.--
(A) In general.--The Secretary shall provide grants to
States to upgrade and standardize State crash data systems to
enable electronic data collection, intrastate data sharing, and
electronic data transfers to the National Highway Traffic
Safety Administration to increase the accuracy, timeliness, and
accessibility of the data, including data relating to
fatalities involving vulnerable road users.
(B) Eligibility.--A State shall be eligible to receive a
grant under this paragraph if the State submits to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require, that
includes a plan to implement full electronic data transfer to
the National Highway Traffic Safety Administration by not later
than 5 years after the date on which the grant is provided.
(C) Use of funds.--A grant provided under this paragraph
may be used for the costs of--
(i) equipment to upgrade a statewide crash data
repository;
(ii) adoption of electronic crash reporting by law
enforcement agencies; and
(iii) increasing alignment of State crash data with the
latest Model Minimum Uniform Crash Criteria.
(D) Federal share.--The Federal share of the cost of a
project funded with a grant under this paragraph may be up to
80 percent.
(4) National highway traffic safety administration system
upgrade.--The Secretary shall manage and support State electronic
data transfers relating to vehicle crashes by--
(A) increasing the capacity of the National Highway Traffic
Safety Administration system; and
(B) making State crash data accessible to the public.
(e) Crash Investigation Sampling System.--The Secretary may use
funds made available to carry out this section to enhance the
collection of crash data by upgrading the Crash Investigation Sampling
System to include--
(1) additional program sites;
(2) an expanded scope that includes all crash types; and
(3) on-scene investigation protocols.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $150,000,000
for each of fiscal years 2022 through 2026, to remain available for a
period of 3 fiscal years following the fiscal year for which the
amounts are appropriated.
SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.
(a) Definition of Move Over or Slow Down Law.--In this section, the
term ``Move Over or Slow Down Law'' means any Federal or State law
intended to ensure first responder and motorist safety by requiring
motorists to change lanes or slow down when approaching an authorized
emergency vehicle that is stopped or parked on or next to a roadway
with emergency lights activated.
(b) Study.--
(1) In general.--The Comptroller General of the United States
shall carry out a study of the efficacy of Move Over or Slow Down
Laws and related public awareness campaigns.
(2) Inclusions.--The study under paragraph (1) shall include--
(A) a review of each Federal and State Move Over or Slow
Down Law, including--
(i) penalties associated with the Move Over or Slow
Down Laws;
(ii) the level of enforcement of Move Over or Slow Down
Laws; and
(iii) the applicable class of vehicles that triggers
Move Over or Slow Down Laws.
(B) an identification and description of each Federal and
State public awareness campaign relating to Move Over or Slow
Down Laws; and
(C) a description of the role of the Department in
supporting State efforts with respect to Move Over or Slow Down
Laws, such as conducting research, collecting data, or
supporting public awareness or education efforts.
(c) Report.--On completion of the study under subsection (b), the
Comptroller General shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
describes--
(1) the findings of the study; and
(2) any recommendations to improve public awareness campaigns,
research, or education efforts relating to the issues described in
subsection (b)(2).
SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES RELATING
TO SCHOOL BUSES.
(a) Review of Illegal Passing Laws.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall prepare a report that--
(A) identifies and describes all illegal passing laws in
each State relating to school buses, including--
(i) the level of enforcement of those laws;
(ii) the penalties associated with those laws;
(iii) any issues relating to the enforcement of those
laws; and
(iv) the effectiveness of those laws;
(B) reviews existing State laws that may inhibit the
effectiveness of safety countermeasures in school bus loading
zones, such as--
(i) laws that require the face of a driver to be
visible in an image captured by a camera if enforcement
action is to be taken based on that image;
(ii) laws that may reduce stop-arm camera
effectiveness;
(iii) the need for a law enforcement officer to witness
an event for enforcement action to be taken; and
(iv) the lack of primary enforcement for texting and
driving offenses;
(C) identifies the methods used by each State to review,
document, and report to law enforcement school bus stop-arm
violations; and
(D) identifies best practices relating to the most
effective approaches to address the illegal passing of school
buses.
(2) Publication.--The report under paragraph (1) shall be made
publicly available on the website of the Department.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish and implement
a public safety messaging campaign that uses public safety media
messages, posters, digital media messages, and other media messages
distributed to States, State departments of motor vehicles,
schools, and other public outlets--
(A) to highlight the importance of addressing the illegal
passing of school buses; and
(B) to educate students and the public regarding the safe
loading and unloading of schools buses.
(2) Consultation.--In carrying out paragraph (1), the Secretary
shall consult with--
(A) representatives of the school bus industry from the
public and private sectors; and
(B) States.
(3) Updates.--The Secretary shall periodically update the
materials used in the campaign under paragraph (1).
(c) Review of Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall review and evaluate the
effectiveness of various technologies for enhancing school bus
safety, including technologies such as--
(A) cameras;
(B) audible warning systems; and
(C) enhanced lighting.
(2) Inclusions.--The review under paragraph (1)--
(A) shall include--
(i) an assessment of--
(I) the costs of acquiring and operating new
equipment;
(II) the potential impact of that equipment on
overall school bus ridership; and
(III) motion-activated detection systems capable
of--
(aa) detecting pedestrians, cyclists, and other
road users located near the exterior of the school
bus; and
(bb) alerting the operator of the school bus of
those road users;
(ii) an assessment of the impact of advanced
technologies designed to improve loading zone safety; and
(iii) an assessment of the effectiveness of school bus
lighting systems at clearly communicating to surrounding
drivers the appropriate actions those drivers should take;
and
(B) may include an evaluation of any technological
solutions that may enhance school bus safety outside the school
bus loading zone.
(3) Consultation.--In carrying out the review under paragraph
(1), the Secretary shall consult with--
(A) manufacturers of school buses;
(B) manufacturers of various technologies that may enhance
school bus safety; and
(C) representatives of the school bus industry from the
public and private sectors.
(4) Publication.--The Secretary shall make the findings of the
review under paragraph (1) publicly available on the website of the
Department.
(d) Review of Driver Education Materials.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review driver manuals, handbooks, and other materials
in all States to determine whether and the means by which
illegal passing of school buses is addressed in those driver
materials, including in--
(i) testing for noncommercial driver's licenses; and
(ii) road tests; and
(B) make recommendations on methods by which States can
improve education regarding the illegal passing of school
buses, particularly for new drivers.
(2) Consultation.--In carrying out paragraph (1), the Secretary
shall consult with--
(A) representatives of the school bus industry from the
public and private sectors;
(B) States;
(C) State motor vehicle administrators or senior State
executives responsible for driver licensing; and
(D) other appropriate motor vehicle experts.
(3) Publication.--The Secretary shall make the findings of the
review under paragraph (1) publicly available on the website of the
Department.
(e) Review of Other Safety Issues.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall research and prepare a
report describing any relationship between the illegal passing of
school buses and other safety issues, including issues such as--
(A) distracted driving;
(B) poor visibility, such as morning darkness;
(C) illumination and reach of vehicle headlights;
(D) speed limits; and
(E) characteristics associated with school bus stops,
including the characteristics of school bus stops in rural
areas.
(2) Publication.--The Secretary shall make the report under
paragraph (1) publicly available on the website of the Department.
SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--Subchapter III of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 355. Motorcyclist Advisory Council
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish a council, to be
known as the `Motorcyclist Advisory Council' (referred to in this
section as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be comprised of 13
members, to be appointed by the Secretary, of whom--
``(A) 5 shall be representatives of units of State or local
government with expertise relating to highway engineering and
safety issues, including--
``(i) motorcycle and motorcyclist safety;
``(ii) barrier and road design, construction, and
maintenance; or
``(iii) intelligent transportation systems;
``(B) 1 shall be a motorcyclist who serves as a State or
local--
``(i) traffic and safety engineer;
``(ii) design engineer; or
``(iii) other transportation department official;
``(C) 1 shall be a representative of a national association
of State transportation officials;
``(D) 1 shall be a representative of a national
motorcyclist association;
``(E) 1 shall be a representative of a national
motorcyclist foundation;
``(F) 1 shall be a representative of a national motorcycle
manufacturing association;
``(G) 1 shall be a representative of a motorcycle
manufacturing company headquartered in the United States;
``(H) 1 shall be a roadway safety data expert with
expertise relating to crash testing and analysis; and
``(I) 1 shall be a member of a national safety organization
that represents the traffic safety systems industry.
``(2) Term.--
``(A) In general.--Subject to subparagraphs (B) and (C),
each member shall serve on the Council for a single term of 2
years.
``(B) Additional term.--If a successor is not appointed for
a member of the Council before the expiration of the term of
service of the member, the member may serve on the Council for
a second term of not longer than 2 years.
``(C) Appointment of replacements.--If a member of the
Council resigns before the expiration of the 2-year term of
service of the member--
``(i) the Secretary may appoint a replacement for the
member, who shall serve the remaining portion of the term;
and
``(ii) the resigning member may continue to serve after
resignation until the date on which a successor is
appointed.
``(3) Vacancies.--A vacancy on the Council shall be filled in
the manner in which the original appointment was made.
``(4) Compensation.--A member of the Council shall serve
without compensation.
``(c) Duties.--
``(1) Advising.--The Council shall advise the Secretary, the
Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration regarding transportation safety issues of concern to
motorcyclists, including--
``(A) motorcycle and motorcyclist safety;
``(B) barrier and road design, construction, and
maintenance practices; and
``(C) the architecture and implementation of intelligent
transportation system technologies.
``(2) Biennial report.--Not later than October 31 of the
calendar year following the calendar year in which the Council is
established, and not less frequently than once every 2 years
thereafter, the Council shall submit to the Secretary a report
containing recommendations of the Council regarding the issues
described in paragraph (1).
``(d) Duties of Secretary.--
``(1) Council recommendations.--
``(A) In general.--The Secretary shall determine whether to
accept or reject a recommendation contained in a report of the
Council under subsection (c)(2).
``(B) Inclusion in review.--
``(i) In general.--The Secretary shall indicate in each
review under paragraph (2) whether the Secretary accepts or
rejects each recommendation of the Council covered by the
review.
``(ii) Exception.--The Secretary may indicate in a
review under paragraph (2) that a recommendation of the
Council is under consideration, subject to the condition
that a recommendation so under consideration shall be
accepted or rejected by the Secretary in the subsequent
review of the Secretary under paragraph (2).
``(2) Review.--
``(A) In general.--Not later than 60 days after the date on
which the Secretary receives a report from the Council under
subsection (c)(2), the Secretary shall submit a review
describing the response of the Secretary to the recommendations
of the Council contained in the Council report to--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate;
``(ii) the Committee on Environment and Public Works of
the Senate;
``(iii) the Subcommittee on Transportation, Housing and
Urban Development, and Related Agencies of the Committee on
Appropriations of the Senate;
``(iv) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(v) the Subcommittee on Transportation, Housing and
Urban Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
``(B) Contents.--A review of the Secretary under this
paragraph shall include a description of--
``(i) each recommendation contained in the Council
report covered by the review; and
``(ii)(I) each recommendation of the Council that was
categorized under paragraph (1)(B)(ii) as being under
consideration by the Secretary in the preceding review
submitted under this paragraph; and
``(II) for each such recommendation, whether the
recommendation--
``(aa) is accepted or rejected by the Secretary; or
``(bb) remains under consideration by the
Secretary.
``(3) Administrative and technical support.--The Secretary
shall provide to the Council such administrative support, staff,
and technical assistance as the Secretary determines to be
necessary to carry out the duties of the Council under this
section.
``(e) Termination.--The Council shall terminate on the date that is
6 years after the date on which the Council is established under
subsection (a).''.
(b) Clerical Amendment.--The analysis for subchapter III of chapter
3 of title 49, United States Code, is amended by inserting after the
item relating to section 354 the following:
``355. Motorcyclist Advisory Council.''.
(c) Conforming Amendments.--
(1) Section 1426 of the FAST Act (23 U.S.C. 101 note; Public
Law 114-94) is repealed.
(2) The table of contents for the FAST Act (Public Law 114-94;
129 Stat. 1313) is amended by striking the item relating to section
1426.
SEC. 24112. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Comprehensive safety action plan.--The term ``comprehensive
safety action plan'' means a plan aimed at preventing
transportation-related fatalities and serious injuries in a
locality, commonly referred to as a ``Vision Zero'' or ``Toward
Zero Deaths'' plan, that may include--
(A) a goal and timeline for eliminating fatalities and
serious injuries;
(B) an analysis of the location and severity of vehicle-
involved crashes in a locality;
(C) an analysis of community input, gathered through public
outreach and education;
(D) a data-driven approach to identify projects or
strategies to prevent fatalities and serious injuries in a
locality, such as those involving--
(i) education and community outreach;
(ii) effective methods to enforce traffic laws and
regulations;
(iii) new vehicle or other transportation-related
technologies; and
(iv) roadway planning and design; and
(E) mechanisms for evaluating the outcomes and
effectiveness of the comprehensive safety action plan,
including the means by which that effectiveness will be
reported to residents in a locality.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization;
(B) a political subdivision of a State;
(C) a federally recognized Tribal government; and
(D) a multijurisdictional group of entities described in
any of subparagraphs (A) through (C).
(3) Eligible project.--The term ``eligible project'' means a
project--
(A) to develop a comprehensive safety action plan;
(B) to conduct planning, design, and development activities
for projects and strategies identified in a comprehensive
safety action plan; or
(C) to carry out projects and strategies identified in a
comprehensive safety action plan.
(4) Program.--The term ``program'' means the Safe Streets and
Roads for All program established under subsection (b).
(b) Establishment.--The Secretary shall establish and carry out a
program, to be known as the Safe Streets and Roads for All program,
that supports local initiatives to prevent death and serious injury on
roads and streets, commonly referred to as ``Vision Zero'' or ``Toward
Zero Deaths'' initiatives.
(c) Grants.--
(1) In general.--In carrying out the program, the Secretary may
make grants to eligible entities, on a competitive basis, in
accordance with this section.
(2) Limitations.--
(A) In general.--Not more than 15 percent of the funds made
available to carry out the program for a fiscal year may be
awarded to eligible projects in a single State during that
fiscal year.
(B) Planning grants.--Of the total amount made available to
carry out the program for each fiscal year, not less than 40
percent shall be awarded to eligible projects described in
subsection (a)(3)(A).
(d) Selection of Eligible Projects.--
(1) Solicitation.--Not later than 180 days after the date on
which amounts are made available to provide grants under the
program for a fiscal year, the Secretary shall solicit from
eligible entities grant applications for eligible projects in
accordance with this section.
(2) Applications.--
(A) In general.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application in such form and containing such information as
the Secretary considers to be appropriate.
(B) Requirement.--An application for a grant under this
paragraph shall include mechanisms for evaluating the success
of applicable eligible projects and strategies.
(3) Considerations.--In awarding a grant under the program, the
Secretary shall take into consideration the extent to which an
eligible entity, and each eligible project proposed to be carried
out by the eligible entity, as applicable--
(A) is likely to significantly reduce or eliminate
transportation-related fatalities and serious injuries
involving various road users, including pedestrians,
bicyclists, public transportation users, motorists, and
commercial operators, within the timeframe proposed by the
eligible entity;
(B) demonstrates engagement with a variety of public and
private stakeholders;
(C) seeks to adopt innovative technologies or strategies to
promote safety;
(D) employs low-cost, high-impact strategies that can
improve safety over a wider geographical area;
(E) ensures, or will ensure, equitable investment in the
safety needs of underserved communities in preventing
transportation-related fatalities and injuries;
(F) includes evidence-based projects or strategies; and
(G) achieves such other conditions as the Secretary
considers to be necessary.
(4) Transparency.--
(A) In general.--The Secretary shall evaluate, through a
methodology that is discernible and transparent to the public,
the means by, and extent to, which each application under the
program addresses any applicable merit criteria established by
the Secretary.
(B) Publication.--The methodology under subparagraph (A)
shall be published by the Secretary as part of the notice of
funding opportunity under the program.
(e) Federal Share.--The Federal share of the cost of an eligible
project carried out using a grant provided under the program shall not
exceed 80 percent.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of
fiscal years 2022 through 2026, to remain available for a period of
3 fiscal years following the fiscal year for which the amounts are
appropriated.
(2) Administrative expenses.--Of the amounts made available to
carry out the program for a fiscal year, the Secretary may retain
not more than 2 percent for the administrative expenses of the
program.
(3) Availability to eligible entities.--Amounts made available
under a grant under the program shall remain available for use by
the applicable eligible entity until the date that is 5 years after
the date on which the grant is provided.
(g) Data Submission.--
(1) In general.--As a condition of receiving a grant under this
program, an eligible entity shall submit to the Secretary, on a
regular basis as established by the Secretary, data, information,
or analyses collected or conducted in accordance with subsection
(d)(3).
(2) Form.--The data, information, and analyses under paragraph
(1) shall be submitted in such form such manner as may be
prescribed by the Secretary.
(h) Reports.--Not later than 120 days after the end of the period
of performance for a grant under the program, the eligible entity shall
submit to the Secretary a report that describes--
(1) the costs of each eligible project carried out using the
grant;
(2) the outcomes and benefits that each such eligible project
has generated, as--
(A) identified in the grant application of the eligible
entity; and
(B) measured by data, to the maximum extent practicable;
and
(3) the lessons learned and any recommendations relating to
future projects or strategies to prevent death and serious injury
on roads and streets.
(i) Best Practices.--Based on the information submitted by eligible
entities under subsection (g), the Secretary shall--
(1) periodically post on a publicly available website best
practices and lessons learned for preventing transportation-related
fatalities and serious injuries pursuant to strategies or
interventions implemented under the program; and
(2) evaluate and incorporate, as appropriate, the effectiveness
of strategies and interventions implemented under the program for
the purpose of enriching revisions to the document entitled
``Countermeasures That Work: A Highway Safety Countermeasure Guide
for State Highway Safety Offices, Ninth Edition'' and numbered DOT
HS 812 478 (or any successor document).
SEC. 24113. IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Next Generation 911.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Next Generation 911: National
911 Program Could Strengthen Efforts to Assist States'', numbered
GAO-18-252, and dated January 1, 2018, by requiring that the
Administrator of the National Highway Traffic Safety
Administration, in collaboration with the appropriate Federal
agencies, shall determine the roles and responsibilities of the
Federal agencies participating in the initiative entitled
``National NG911 Roadmap initiative'' to carry out the national-
level tasks with respect which each agency has jurisdiction.
(2) Implementation plan.--The Administrator of the National
Highway Traffic Safety Administration shall develop an
implementation plan to support the completion of national-level
tasks under the National NG911 Roadmap initiative.
(b) Pedestrian and Cyclists Information and Enhanced Performance
Management.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Comptroller General of the United States
contained in the report entitled ``Pedestrians and Cyclists: Better
Information to States and Enhanced Performance Management Could
Help DOT Improve Safety'', numbered GAO-21-405, and dated May 20,
2021, by--
(A) carrying out measures to collect information relating
to the range of countermeasures implemented by States;
(B) analyzing that information to help advance knowledge
regarding the effectiveness of those countermeasures; and
(C) sharing with States any results.
(2) Performance management practices.--The Administrator of the
National Highway Traffic Safety Administration shall use
performance management practices to guide pedestrian and cyclist
safety activities by--
(A) developing performance measures for the Administration
and program offices responsible for implementing pedestrian and
cyclist safety activities to demonstrate the means by which
those activities contribute to safety goals; and
(B) using performance information to make any necessary
changes to advance pedestrian and cyclist safety efforts.
Subtitle B--Vehicle Safety
SEC. 24201. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out chapter 301, and part C of subtitle VI, of title 49, United States
Code--
(1) $200,294,333 for fiscal year 2022;
(2) $204,300,219 for fiscal year 2023;
(3) $208,386,224 for fiscal year 2024;
(4) $212,553,948 for fiscal year 2025; and
(5) $216,805,027 for fiscal year 2026.
SEC. 24202. RECALL COMPLETION.
(a) Reports on Recall Campaigns.--Section 30118 of title 49, United
States Code, is amended by adding at the end the following:
``(f) Reports on Notification Campaigns.--
``(1) In general.--Each manufacturer that is conducting a
campaign under subsection (b) or (c) or any other provision of law
(including regulations) to notify manufacturers, distributors,
owners, purchasers, or dealers of a defect or noncompliance shall
submit to the Administrator of the National Highway Traffic Safety
Administration--
``(A) by the applicable date described in section 573.7(d)
of title 49, Code of Federal Regulations (or a successor
regulation), a quarterly report describing the campaign for
each of 8 consecutive quarters, beginning with the quarter in
which the campaign was initiated; and
``(B) an annual report for each of the 3 years beginning
after the date of completion of the last quarter for which a
quarterly report is submitted under subparagraph (A).
``(2) Requirements.--Except as otherwise provided in this
subsection, each report under this subsection shall comply with the
requirements of section 573.7 of title 49, Code of Federal
Regulations (or a successor regulation).''.
(b) Recall Completion Rates.--Section 30120 of title 49, United
States Code, is amended by adding at the end the following:
``(k) Recall Completion Rates.--
``(1) In general.--The Administrator of the National Highway
Traffic Safety Administration shall publish an annual list of
recall completion rates for each recall campaign for which 8
quarterly reports have been submitted under subsection (f) of
section 30118 as of the date of publication of the list.
``(2) Requirements.--The annual list under paragraph (1) shall
include--
``(A) for each applicable campaign--
``(i) the total number of vehicles subject to recall;
and
``(ii) the percentage of vehicles that have been
remedied; and
``(B) for each manufacturer submitting an applicable
quarterly report under section 30118(f)--
``(i) the total number of recalls issued by the
manufacturer during the year covered by the list;
``(ii) the estimated number of vehicles of the
manufacturer subject to recall during the year covered by
the list; and
``(iii) the percentage of vehicles that have been
remedied.''.
SEC. 24203. RECALL ENGAGEMENT.
(a) Recall Repair.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study to determine--
(A) the reasons why vehicle owners do not have repairs
performed for vehicles subject to open recalls; and
(B) whether engagement by third parties, including State
and local governments, insurance companies, or other entities,
could increase the rate at which vehicle owners have repairs
performed for vehicles subject to open recalls; and
(2) submit to Congress a report describing the results of the
study under paragraph (1), including any recommendations for
increasing the rate of repair for vehicles subject to open recalls.
(b) Ridesharing.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall--
(1) conduct a study to determine the number of passenger motor
vehicles in each State that--
(A) are used by transportation network companies for for-
hire purposes, such as ridesharing; and
(B) have 1 or more open recalls; and
(2) submit to Congress a report describing the results of the
study under paragraph (1).
(c) NHTSA Study and Report.--Not later than 3 years after the date
of enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall--
(1) conduct a study to determine the ways in which vehicle
recall notices could--
(A) more effectively reach vehicle owners;
(B) be made easier for all consumers to understand; and
(C) incentivize vehicle owners to complete the repairs
described in the recall notices; and
(2) submit to Congress a report describing the results of the
study under paragraph (1), including any recommendations for--
(A) increasing the rate of repair for vehicles subject to
open recalls; or
(B) any regulatory or statutory legislative changes that
would facilitate an increased rate of repair.
SEC. 24204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, subject to subsection (b), the Secretary shall issue an
advanced notice of proposed rulemaking to update section 571.207 of
title 49, Code of Federal Regulations.
(b) Compliance Date.--If the Secretary determines that a final rule
is appropriate consistent with the considerations described in section
30111(b) of title 49, United States Code, in issuing a final rule
pursuant to subsection (a), the Secretary shall establish a date for
required compliance with the final rule of not later than 2 motor
vehicle model years after the model year during which the effective
date of the final rule occurs.
SEC. 24205. AUTOMATIC SHUTOFF.
(a) Definitions.--In this section:
(1) Key.--The term ``key'' has the meaning given the term in
section 571.114 of title 49, Code of Federal Regulations (or a
successor regulation).
(2) Manufacturer.--The term ``manufacturer'' has the meaning
given the term in section 30102(a) of title 49, United States Code.
(3) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the meaning
given the term in section 30102(a) of title 49, United States
Code.
(B) Exclusions.--The term ``motor vehicle'' does not
include--
(i) a motorcycle or trailer (as those terms are defined
in section 571.3 of title 49, Code of Federal Regulations
(or a successor regulation));
(ii) any motor vehicle with a gross vehicle weight
rating of more than 10,000 pounds;
(iii) a battery electric vehicle; or
(iv) a motor vehicle that requires extended periods
with the engine in idle to operate in service mode or to
operate equipment, such as an emergency vehicle (including
a police vehicle, an ambulance, or a tow vehicle) and a
commercial-use vehicle (including a refrigeration vehicle).
(b) Automatic Shutoff Systems for Motor Vehicles.--
(1) Final rule.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
amending section 571.114 of title 49, Code of Federal
Regulations, to require manufacturers to install in each motor
vehicle that is equipped with a keyless ignition device and an
internal combustion engine a device or system to automatically
shutoff the motor vehicle after the motor vehicle has idled for
the period described in subparagraph (B).
(B) Description of period.--
(i) In general.--The period referred to in subparagraph
(A) is the period designated by the Secretary as necessary
to prevent, to the maximum extent practicable, carbon
monoxide poisoning.
(ii) Different periods.--The Secretary may designate
different periods under clause (i) for different types of
motor vehicles, depending on the rate at which the motor
vehicle emits carbon monoxide, if--
(I) the Secretary determines a different period is
necessary for a type of motor vehicle for purposes of
section 30111 of title 49, United States Code; and
(II) requiring a different period for a type of
motor vehicle is consistent with the prevention of
carbon monoxide poisoning.
(2) Deadline.--Unless the Secretary finds good cause to phase-
in or delay implementation, the rule issued pursuant to paragraph
(1) shall take effect on September 1 of the first calendar year
beginning after the date on which the Secretary issues the rule.
(c) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--The Secretary shall conduct a study of the
regulations contained in part 571 of title 49, Code of Federal
Regulations, to evaluate the potential consequences and benefits of
the installation by manufacturers of technology to prevent movement
of motor vehicles equipped with keyless ignition devices and
automatic transmissions when--
(A) the transmission of the motor vehicle is not in the
park setting;
(B) the motor vehicle does not exceed the speed determined
by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor vehicle is
unbuckled;
(D) the service brake of the motor vehicle is not engaged;
and
(E) the door for the operator of the motor vehicle is open.
(2) Review and report.--The Secretary shall--
(A) provide a recommended maximum speed at which a motor
vehicle may be safely locked in place under the conditions
described in subparagraphs (A), (C), (D), and (E) of paragraph
(1) to prevent vehicle rollaways; and
(B) not later than 1 year after the date of completion of
the study under paragraph (1), submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report--
(i) describing the findings of the study; and
(ii) providing additional recommendations, if any.
SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND
ENFORCEMENT.
Section 30162 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``The petition'' and
inserting ``A petition under this section'';
(2) in subsection (c), by striking ``the petition'' and
inserting ``a petition under this section''; and
(3) in subsection (d)--
(A) in the third sentence, by striking ``If a petition''
and inserting the following:
``(3) Denial.--If a petition under this section'';
(B) in the second sentence , by striking ``If a petition is
granted'' and inserting the following:
``(2) Approval.--If a petition under this section is
approved''; and
(C) in the first sentence, by striking ``The Secretary
shall grant or deny a petition'' and inserting the following:
``(1) In general.--The Secretary shall determine whether to
approve or deny a petition under this section by''.
SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
(a) In General.--The Secretary, in coordination with other relevant
Federal departments and agencies, including the Secretary of
Agriculture, the Secretary of Education, and the Secretary of Health
and Human Services, shall conduct a study to review the status of motor
vehicle child safety seat accessibility for low-income families and
underserved populations.
(b) Addressing Needs.--In conducting the study under subsection
(a), the Secretary shall--
(1) examine the impact of Federal funding provided under
section 405 of title 23, United States Code; and
(2) develop a plan for addressing any needs identified in the
study, including by working with social service providers.
SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. Crash avoidance technology
``(a) In General.--The Secretary of Transportation shall promulgate
a rule--
``(1) to establish minimum performance standards with respect
to crash avoidance technology; and
``(2) to require that all passenger motor vehicles manufactured
for sale in the United States on or after the compliance date
described in subsection (b) shall be equipped with--
``(A) a forward collision warning and automatic emergency
braking system that--
``(i) alerts the driver if--
``(I) the distance to a vehicle ahead or an object
in the path of travel ahead is closing too quickly; and
``(II) a collision is imminent; and
``(ii) automatically applies the brakes if the driver
fails to do so; and
``(B) a lane departure warning and lane-keeping assist
system that--
``(i) warns the driver to maintain the lane of travel;
and
``(ii) corrects the course of travel if the driver
fails to do so.
``(b) Compliance Date.--The Secretary of Transportation shall
determine the appropriate effective date, and any phasing-in of
requirements, of the final rule promulgated pursuant to subsection
(a).''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
301 of title 49, United States Code, is amended by adding at the end
the following:
``30129. Crash avoidance technology.''.
SEC. 24209. REDUCTION OF DRIVER DISTRACTION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall conduct research regarding the
installation and use on motor vehicles of driver monitoring systems to
minimize or eliminate--
(1) driver distraction;
(2) driver disengagement;
(3) automation complacency by drivers; and
(4) foreseeable misuse of advanced driver-assist systems.
(b) Report.--Not later than 180 days after the date of completion
of the research under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
detailed report describing the findings of the research.
(c) Rulemaking.--
(1) In general.--If, based on the research completed under
subsection (a), the Secretary determines that--
(A) 1 or more rulemakings are necessary to ensure safety,
in accordance with the section 30111 of title 49, United States
Code, the Secretary shall initiate the rulemakings by not later
than 2 years after the date of submission of the report under
subsection (b); and
(B) an additional rulemaking is not necessary, or an
additional rulemaking cannot meet the applicable requirements
and considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the reasons for not prescribing additional Federal motor
vehicle safety standards regarding the research conducted under
subsection (a).
(2) Privacy.--A rule issued pursuant to paragraph (1) shall
incorporate appropriate privacy and data security safeguards, as
determined by the Secretary.
SEC. 24210. RULEMAKING REPORT.
(a) Definition of Covered Rulemaking.--In this section, the term
``covered rulemaking'' means a regulation or rulemaking that--
(1) has not been finalized by the date on which the relevant
notification is submitted under subsection (b); and
(2) relates to--
(A) section 30120A of title 49, United States Code;
(B) section 30166(o) of title 49, United States Code;
(C) section 30172 of title 49, United States Code;
(D) section 32302(c) of title 49, United States Code;
(E) a defect reporting requirement under section 32302(d)
of title 49, United States Code;
(F) subsections (b) and (c) of section 32304A of title 49,
United States Code;
(G) the tire pressure monitoring standards required under
section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law
114-94);
(H) the amendment made by section 24402 of the FAST Act
(129 Stat. 1720; Public Law 114-94) to section 30120(g)(1) of
title 49, United States Code;
(I) the records retention rule required under section 24403
of the FAST Act (49 U.S.C. 30117 note; Public Law 114-94);
(J) the amendments made by section 24405 of the FAST Act
(Public Law 114-94; 129 Stat. 1721) to section 30114 of title
49, United States Code;
(K) a defect and noncompliance notification required
under--
(i) section 24104 of the FAST Act (49 U.S.C. 30119
note; Public Law 114-94); or
(ii) section 31301 of MAP-21 (49 U.S.C. 30166 note;
Public Law 112-141);
(L) a side impact or frontal impact test procedure for
child restraint systems under section 31501 of MAP-21 (49
U.S.C. 30127 note; Public Law 112-141);
(M) an upgrade to child restraint anchorage system
usability requirements required under section 31502 of MAP-21
(49 U.S.C. 30127 note; Public Law 112-141);
(N) the rear seat belt reminder system required under
section 31503 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-
141);
(O) a motorcoach rulemaking required under section 32703 of
MAP-21 (49 U.S.C. 31136 note; Public Law 112-141); or
(P) any rulemaking required under this Act.
(b) Notification.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than biannually
thereafter until the applicable covered rulemaking is complete, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a written notification that includes,
with respect to each covered rulemaking--
(1) for a covered rulemaking with a statutory deadline for
completion--
(A) an explanation of why the deadline was not met; and
(B) an expected date of completion of the covered
rulemaking; and
(2) for a covered rulemaking without a statutory deadline for
completion, an expected date of completion of the covered
rulemaking.
(c) Additional Contents.--A notification under subsection (b) shall
include, for each applicable covered rulemaking--
(1) an updated timeline;
(2) a list of factors causing delays in the completion of the
covered rulemaking; and
(3) any other details associated with the status of the covered
rulemaking.
SEC. 24211. GLOBAL HARMONIZATION.
The Secretary shall cooperate, to the maximum extent practicable,
with foreign governments, nongovernmental stakeholder groups, the motor
vehicle industry, and consumer groups with respect to global
harmonization of vehicle regulations as a means for improving motor
vehicle safety.
SEC. 24212. HEADLAMPS.
(a) Definitions.--In this section:
(1) Adaptive driving beam headlamp.--The term ``adaptive
driving beam headlamp'' means a headlamp (as defined in Standard
108) that meets the performance requirements specified in SAE
International Standard J3069, published on June 30, 2016.
(2) Standard 108.--The term ``Standard 108'' means Federal
Motor Vehicle Safety Standard Number 108, contained in section
571.108 of title 49, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(b) Rulemaking.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue a final rule amending Standard
108--
(1) to include performance-based standards for vehicle headlamp
systems--
(A) to ensure that headlights are correctly aimed on the
road; and
(B) requiring those systems to be tested on-vehicle to
account for headlight height and lighting performance; and
(2) to allow for the use on vehicles of adaptive driving beam
headlamp systems.
(c) Periodic Review.--Nothing in this section precludes the
Secretary from--
(1) reviewing Standard 108, as amended pursuant to subsection
(b); and
(2) revising Standard 108 to reflect an updated version of SAE
International Standard J3069, as the Secretary determines to be--
(A) appropriate; and
(B) in accordance with section 30111 of title 49, United
States Code.
SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
(a) Updates.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall finalize the proceeding for which
comments were requested in the notice entitled ``New Car Assessment
Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update the
passenger motor vehicle information required under section 32302(a) of
title 49, United States Code.
(b) Information Program.--Section 32302 of title 49, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by inserting ``(referred to in this section as the `Secretary')''
after ``of Transportation''; and
(2) by adding at the end the following:
``(e) Advanced Crash-avoidance Technologies.--
``(1) Notice.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a notice,
for purposes of public review and comment, to establish, distinct
from crashworthiness information, a means for providing to
consumers information relating to advanced crash-avoidance
technologies, in accordance with subsection (a).
``(2) Inclusions.--The notice under paragraph (1) shall
include--
``(A) an appropriate methodology for--
``(i) determining which advanced crash-avoidance
technologies shall be included in the information;
``(ii) developing performance test criteria for use by
manufacturers in evaluating advanced crash-avoidance
technologies;
``(iii) determining a distinct rating involving each
advanced crash-avoidance technology to be included; and
``(iv) updating overall vehicle ratings to incorporate
advanced crash-avoidance technology ratings; and
``(B) such other information and analyses as the Secretary
determines to be necessary to implement the rating of advanced
crash-avoidance technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan for implementing an
advanced crash-avoidance technology information and rating system,
in accordance with subsection (a).
``(f) Vulnerable Road User Safety.--
``(1) Notice.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a notice,
for purposes of public review and comment, to establish a means for
providing to consumers information relating to pedestrian,
bicyclist, or other vulnerable road user safety technologies, in
accordance with subsection (a).
``(2) Inclusions.--The notice under paragraph (1) shall
include--
``(A) an appropriate methodology for--
``(i) determining which technologies shall be included
in the information;
``(ii) developing performance test criteria for use by
manufacturers in evaluating the extent to which automated
pedestrian safety systems in light vehicles attempt to
prevent and mitigate, to the best extent possible,
pedestrian injury;
``(iii) determining a distinct rating involving each
technology to be included; and
``(iv) updating overall vehicle ratings to incorporate
vulnerable road user safety technology ratings; and
``(B) such other information and analyses as the Secretary
determines to be necessary to implement the rating of
vulnerable road user safety technologies.
``(3) Report.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that describes a plan for implementing an
information and rating system for vulnerable road user safety
technologies, in accordance with subsection (a).''.
(c) Roadmap.--
(1) In general.--Chapter 323 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 32310. New Car Assessment Program roadmap
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, and not less frequently than once every 4
years thereafter, the Secretary of Transportation (referred to in this
section as the `Secretary') shall establish a roadmap for the
implementation of the New Car Assessment Program of the National
Highway Traffic Safety Administration.
``(b) Requirements.--A roadmap under subsection (a) shall--
``(1) cover a term of 10 years, consisting of--
``(A) a mid-term component covering the initial 5 years of
the term; and
``(B) a long-term component covering the final 5 years of
the term; and
``(2) be in accordance with--
``(A) section 306 of title 5;
``(B) section 1115 of title 31;
``(C) section 24401 of the FAST Act (49 U.S.C. 105 note;
Public Law 114-94); and
``(D) any other relevant plans of the National Highway
Traffic Safety Administration.
``(c) Contents.--A roadmap under subsection (a) shall include--
``(1) a plan for any changes to the New Car Assessment Program
of the National Highway Traffic Safety Administration, including--
``(A) descriptions of actions to be carried out to update
the passenger motor vehicle information developed under section
32302(a), including the development of test procedures, test
devices, test fixtures, and safety performance metrics, which
shall, as applicable, incorporate--
``(i) objective criteria for evaluating safety
technologies; and
``(ii) reasonable time periods for compliance with new
or updated tests;
``(B) key milestones, including the anticipated start of an
action, completion of an action, and effective date of an
update; and
``(C) descriptions of the means by which an update will
improve the passenger motor vehicle information developed under
section 32302(a);
``(2) an identification and prioritization of safety
opportunities and technologies--
``(A) with respect to the mid-term component of the roadmap
under subsection (b)(1)(A)--
``(i) that are practicable; and
``(ii) for which objective rating tests, evaluation
criteria, and other consumer data exist for a market-based,
consumer information approach; and
``(B) with respect to the long-term component of the
roadmap under subsection (b)(1)(B), exist or are in
development;
``(3) an identification of--
``(A) any safety opportunity or technology that--
``(i) is identified through the activities carried out
pursuant to subsection (d) or (e); and
``(ii) is not included in the roadmap under paragraph
(2);
``(B) the reasons why such a safety opportunity or
technology is not included in the roadmap; and
``(C) any developments or information that would be
necessary for the Secretary to consider including such a safety
opportunity or technology in a future roadmap; and
``(4) consideration of the benefits of consistency with other
rating systems used--
``(A) within the United States; and
``(B) internationally.
``(d) Considerations.--Before finalizing a roadmap under this
section, the Secretary shall--
``(1) make the roadmap available for public comment;
``(2) review any public comments received under paragraph (1);
and
``(3) incorporate in the roadmap under this section those
comments, as the Secretary determines to be appropriate.
``(e) Stakeholder Engagement.--Not less frequently than annually,
the Secretary shall engage stakeholders that represent a diversity of
technical backgrounds and viewpoints--
``(1) to identify--
``(A) safety opportunities or technologies in development
that could be included in future roadmaps; and
``(B) opportunities to benefit from collaboration or
harmonization with third-party safety rating programs;
``(2) to assist with long-term planning;
``(3) to provide an interim update of the status and
development of the following roadmap to be established under
subsection (a); and
``(4) to collect feedback or other information that the
Secretary determines to be relevant to enhancing the New Car
Assessment Program of the National Highway Traffic Safety
Administration.''.
(2) Clerical amendment.--The analysis for chapter 323 of title
49, United States Code, is amended by adding at the end the
following:
``32310. New Car Assessment Program roadmap.''.
SEC. 24214. HOOD AND BUMPER STANDARDS.
(a) Notice.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall issue a notice, for purposes of public
review and comment, regarding potential updates to hood and bumper
standards for motor vehicles (as defined in section 30102(a) of title
49, United States Code).
(b) Inclusions.--The notice under subsection (a) shall include
information relating to--
(1) the incorporation or consideration of advanced crash-
avoidance technology in existing motor vehicle standards;
(2) the incorporation or consideration of standards or
technologies to reduce the number of injuries and fatalities
suffered by pedestrians, bicyclists, or other vulnerable road
users;
(3) the development of performance test criteria for use by
manufacturers in evaluating advanced crash-avoidance technology,
including technology relating to vulnerable road user safety;
(4) potential harmonization with global standards, including
United Nations Economic Commission for Europe Regulation Number 42;
and
(5) such other information and analyses as the Secretary
determines to be necessary.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that describes--
(1) the current status of hood and bumper standards;
(2) relevant advanced crash-avoidance technology;
(3) actions needed to be carried out to develop performance
test criteria; and
(4) if applicable, a plan for incorporating advanced crash-
avoidance technology, including technology relating to vulnerable
road user safety, in existing standards.
SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1.
Section 158(a) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(a)) is amended by
striking paragraph (4).
SEC. 24216. EARLY WARNING REPORTING.
(a) In General.--Section 30166(m)(3) of title 49, United States
Code, is amended by adding at the end the following:
``(D) Settlements.--Notwithstanding any order entered in a
civil action restricting the disclosure of information, a
manufacturer of a motor vehicle or motor vehicle equipment
shall comply with the requirements of this subsection and any
regulations promulgated pursuant to this subsection.''.
(b) Study and Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall--
(1) conduct a study--
(A) to evaluate the early warning reporting data submitted
under section 30166(m) of title 49, United States Code
(including regulations); and
(B) to identify improvements, if any, that would enhance
the use by the National Highway Traffic Administration of early
warning reporting data to enhance safety; and
(2) submit to the Committee on the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
describing the results of the study under paragraph (1), including
any recommendations for regulatory or legislative action.
SEC. 24217. IMPROVED VEHICLE SAFETY DATABASES.
Not later than 3 years after the date of enactment of this Act,
after consultation with frequent users of publicly available databases,
the Secretary shall improve public accessibility to information
relating to the publicly accessible vehicle safety databases of the
National Highway Traffic Safety Administration by revising the publicly
accessible vehicle safety databases--
(1) to improve organization and functionality, including design
features such as drop-down menus;
(2) to allow data from applicable publicly accessible vehicle
safety databases to be searched, sorted, aggregated, and downloaded
in a manner that--
(A) is consistent with the public interest; and
(B) facilitates easy use by consumers;
(3) to provide greater consistency in presentation of vehicle
safety issues;
(4) to improve searchability regarding specific vehicles and
issues, which may include the standardization of commonly used
search terms; and
(5) to ensure nonconfidential documents and materials relating
to information created or obtained by the National Highway Traffic
Safety Administration are made publicly available in a manner that
is--
(A) timely; and
(B) searchable in databases by any element that the
Secretary determines to be in the public interest.
SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.
(a) In General.--Section 30306 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 303 of title 49,
United States Code, is amended by striking the item relating to section
30306.
SEC. 24219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.
The Administrator of the National Highway Traffic Safety
Administration, in collaboration with the head of the Intelligent
Transportation Systems Joint Program Office and the Administrator of
the Federal Highway Administration, shall--
(1) not later than 180 days after the date of enactment of this
Act, expand vehicle-to-pedestrian research efforts focused on
incorporating bicyclists and other vulnerable road users into the
safe deployment of connected vehicle systems; and
(2) not later than 2 years after the date of enactment of this
Act, submit to Congress and make publicly available a report
describing the findings of the research efforts described in
paragraph (1), including an analysis of the extent to which
applications supporting vulnerable road users can be accommodated
within existing spectrum allocations for connected vehicle systems.
SEC. 24220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.
(a) Findings.--Congress finds that--
(1) alcohol-impaired driving fatalities represent approximately
\1/3\ of all highway fatalities in the United States each year;
(2) in 2019, there were 10,142 alcohol-impaired driving
fatalities in the United States involving drivers with a blood
alcohol concentration level of .08 or higher, and 68 percent of the
crashes that resulted in those fatalities involved a driver with a
blood alcohol concentration level of .15 or higher;
(3) the estimated economic cost for alcohol-impaired driving in
2010 was $44,000,000,000;
(4) according to the Insurance Institute for Highway Safety,
advanced drunk and impaired driving prevention technology can
prevent more than 9,400 alcohol-impaired driving fatalities
annually; and
(5) to ensure the prevention of alcohol-impaired driving
fatalities, advanced drunk and impaired driving prevention
technology must be standard equipment in all new passenger motor
vehicles.
(b) Definitions.--In this section:
(1) Advanced drunk and impaired driving prevention
technology.--The term ``advanced drunk and impaired driving
prevention technology'' means a system that--
(A) can--
(i) passively monitor the performance of a driver of a
motor vehicle to accurately identify whether that driver
may be impaired; and
(ii) prevent or limit motor vehicle operation if an
impairment is detected;
(B) can--
(i) passively and accurately detect whether the blood
alcohol concentration of a driver of a motor vehicle is
equal to or greater than the blood alcohol concentration
described in section 163(a) of title 23, United States
Code; and
(ii) prevent or limit motor vehicle operation if a
blood alcohol concentration above the legal limit is
detected; or
(C) is a combination of systems described in subparagraphs
(A) and (B).
(2) New.--The term ``new'', with respect to a passenger motor
vehicle, means that the passenger motor vehicle--
(A) is a new vehicle (as defined in section 37.3 of title
49, Code of Federal Regulations (or a successor regulation));
and
(B) has not been purchased for purposes other than resale.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of title
49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Transportation, acting through the Administrator of the National
Highway Traffic Safety Administration.
(c) Advanced Drunk and Impaired Driving Prevention Technology
Safety Standard.--Subject to subsection (e) and not later than 3 years
after the date of enactment of this Act, the Secretary shall issue a
final rule prescribing a Federal motor vehicle safety standard under
section 30111 of title 49, United States Code, that requires passenger
motor vehicles manufactured after the effective date of that standard
to be equipped with advanced drunk and impaired driving prevention
technology.
(d) Requirement.--To allow sufficient time for manufacturer
compliance, the compliance date of the rule issued under subsection (c)
shall be not earlier than 2 years and not more than 3 years after the
date on which that rule is issued.
(e) Timing.--If the Secretary determines that the Federal motor
vehicle safety standard required under subsection (c) cannot meet the
requirements and considerations described in subsections (a) and (b) of
section 30111 of title 49, United States Code, by the applicable date,
the Secretary--
(1) may extend the time period to such date as the Secretary
determines to be necessary, but not later than the date that is 3
years after the date described in subsection (c);
(2) shall, not later than the date described in subsection (c)
and not less frequently than annually thereafter until the date on
which the rule under that subsection is issued, submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing, as of the date of submission
of the report--
(A) the reasons for not prescribing a Federal motor vehicle
safety standard under section 30111 of title 49, United States
Code, that requires advanced drunk and impaired driving
prevention technology in all new passenger motor vehicles;
(B) the deployment of advanced drunk and impaired driving
prevention technology in vehicles;
(C) any information relating to the ability of vehicle
manufacturers to include advanced drunk and impaired driving
prevention technology in new passenger motor vehicles; and
(D) an anticipated timeline for prescribing the Federal
motor vehicle safety standard described in subsection (c); and
(3) if the Federal motor vehicle safety standard required by
subsection (c) has not been finalized by the date that is 10 years
after the date of enactment of this Act, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representative a report describing--
(A) the reasons why the Federal motor vehicle safety
standard has not been finalized;
(B) the barriers to finalizing the Federal motor vehicle
safety standard; and
(C) recommendations to Congress to facilitate the Federal
motor vehicle safety standard.
SEC. 24221. GAO REPORT ON CRASH DUMMIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that--
(1) examines--
(A) the processes used by the National Highway Traffic
Safety Administration (referred to in this section as the
``Administration'') for studying and deploying crash test
dummies;
(B)(i) the types of crash test dummies used by the
Administration as of the date of enactment of this Act;
(ii) the seating positions in which those crash test
dummies are tested; and
(iii) whether the seating position affects disparities in
motor vehicle safety outcomes based on demographic
characteristics, including sex, and, if so, how the seating
position affects those disparities;
(C) the biofidelic crash test dummies that are available in
the global and domestic marketplace that reflect the physical
and demographic characteristics of the driving public in the
United States, including--
(i) females;
(ii) the elderly;
(iii) young adults;
(iv) children; and
(v) individuals of differing body weights;
(D) how the Administration determines whether to study and
deploy new biofidelic crash test dummies, including the
biofidelic crash test dummies examined under subparagraph (C),
and the timelines by which the Administration conducts the work
of making those determinations and studying and deploying new
biofidelic crash test dummies;
(E) challenges the Administration faces in studying and
deploying new crash test dummies; and
(F) how the practices of the Administration with respect to
crash test dummies compare to other programs that test vehicles
and report results to the public, including the European New
Car Assessment Programme;
(2) evaluates potential improvements to the processes described
in paragraph (1) that could reduce disparities in motor vehicle
safety outcomes based on demographic characteristics, including
sex;
(3) analyzes the potential use of computer simulation
techniques, as a supplement to physical crash tests, to conduct
virtual simulations of vehicle crash tests in order to evaluate
predicted motor vehicle safety outcomes based on the different
physical and demographic characteristics of motor vehicle
occupants; and
(4) includes, as applicable, any assessments or recommendations
relating to crash test dummies that are relevant to reducing
disparities in motor vehicle safety outcomes based on demographic
characteristics, including sex.
(b) Interim Report From the Administration.--Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Administration shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that--
(1) identifies--
(A) the types of crash test dummies used by the
Administration as of the date of enactment of this Act with
respect to--
(i) the New Car Assessment Program of the
Administration; and
(ii) testing relating to Federal Motor Vehicle Safety
Standards;
(B) how each type of crash test dummy identified under
subparagraph (A) is tested with respect to seating position;
and
(C) any crash test dummies that the Administration is
actively evaluating for future use--
(i) in the New Car Assessment Program of the
Administration; or
(ii) for testing relating to Federal Motor Vehicle
Safety Standards;
(2) explains--
(A) the plans of the Administration, including the expected
timelines, for putting any crash test dummies identified under
paragraph (1)(C) to use as described in that paragraph;
(B) any challenges to putting those crash test dummies to
use; and
(C) the potential use of computer simulation techniques, as
a supplement to physical crash tests, to conduct virtual
simulations of vehicle crash tests in order to evaluate
predicted motor vehicle safety outcomes based on the different
physical and demographic characteristics of motor vehicle
occupants; and
(3) provides policy recommendations for reducing disparities in
motor vehicle safety testing and outcomes based on demographic
characteristics, including sex.
SEC. 24222. CHILD SAFETY.
(a) Amendment.--
(1) In general.--Chapter 323 of title 49, United States Code,
is amended by adding after section 32304A the following:
``Sec. 32304B. Child safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Rear-designated seating position.--The term `rear-
designated seating position' means designated seating positions
that are rearward of the front seat.
``(3) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final rule
requiring all new passenger motor vehicles weighing less than 10,000
pounds gross vehicle weight to be equipped with a system to alert the
operator to check rear-designated seating positions after the vehicle
engine or motor is deactivated by the operator.
``(c) Means.--The alert required under subsection (b)--
``(1) shall include a distinct auditory and visual alert, which
may be combined with a haptic alert; and
``(2) shall be activated when the vehicle motor is deactivated
by the operator.
``(d) Phase-in.--The rule issued pursuant to subsection (b) shall
require full compliance with the rule beginning on September 1st of the
first calendar year that begins 2 years after the date on which the
final rule is issued.''.
(2) Clerical amendment.--The analysis for chapter 323 of title
49, United States Code, is amended by inserting after the item
relating to section 32304A the following:
``32304B. Child safety.''.
(b) Awareness of Children in Motor Vehicles.--Section 402 of title
23, United States Code (as amended by section 24102(a)(9)), is amended
by adding at the end the following:
``(o) Unattended Passengers.--
``(1) In general.--Each State shall use a portion of the
amounts received by the State under this section to carry out a
program to educate the public regarding the risks of leaving a
child or unattended passenger in a vehicle after the vehicle motor
is deactivated by the operator.
``(2) Program placement.--Nothing in this subsection requires a
State to carry out a program described in paragraph (1) through the
State transportation or highway safety office.''.
(c) Study and Report.--
(1) Study.--
(A) In general.--The Secretary shall conduct a study on--
(i) the potential retrofitting of existing passenger
motor vehicles with 1 or more technologies that may address
the problem of children left in rear-designated seating
positions of motor vehicles after deactivation of the motor
vehicles by an operator; and
(ii) the potential benefits and burdens, logistical or
economic, associated with widespread use of those
technologies.
(B) Elements.--In carrying out the study under subparagraph
(A), the Secretary shall--
(i) survey and evaluate a variety of methods used by
current and emerging aftermarket technologies or products
to reduce the risk of children being left in rear-
designated seating positions after deactivation of a motor
vehicle; and
(ii) provide recommendations--
(I) for manufacturers of the technologies and
products described in clause (i) to carry out a
functional safety performance evaluation to ensure that
the technologies and products perform as designed by
the manufacturer under a variety of real-world
conditions; and
(II) for consumers on methods to select an
appropriate technology or product described in clause
(i) in order to retrofit existing vehicles.
(2) Report by secretary.--Not later than 180 days after the
date on which the Secretary issues the final rule required by
section 32304B(b) of title 49, United States Code (as added by
subsection (a)(1)), the Secretary shall submit a report describing
the results of the study carried out under paragraph (1) to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
TITLE V--RESEARCH AND INNOVATION
SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY
COMMITTEE.
Section 515(h) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``(referred to in this
subsection as the `Advisory Committee')'' after ``an Advisory
Committee'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``20 members'' and inserting ``25 members'';
(B) in subparagraph (O) (as redesignated by section
13008(a)(2))--
(i) by striking ``utilities,''; and
(ii) by striking the period at the end and inserting a
semicolon;
(C) by redesignating subparagraphs (F), (G), (H), (I), (J),
(K), (L), (M), (N), and (O) (as added or redesignated by
section 13008(a)) as subparagraphs (H), (J), (K), (L), (M),
(N), (O), (S), (T), and (U), respectively;
(D) by inserting after subparagraph (E) (as redesignated by
section 13008(a)(2)) the following:
``(F) a representative of a national transit association;
``(G) a representative of a national, State, or local
transportation agency or association;'';
(E) by inserting after subparagraph (H) (as redesignated by
subparagraph (C)) the following:
``(I) a private sector developer of intelligent
transportation system technologies, which may include emerging
vehicle technologies;'';
(F) by inserting after subparagraph (O) (as so
redesignated) the following:
``(P) a representative of a labor organization;
``(Q) a representative of a mobility-providing entity;
``(R) an expert in traffic management;''; and
(G) by adding at the end the following:
``(V) an expert in cybersecurity; and
``(W) an automobile manufacturer.'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``section 508'' and
inserting ``section 6503 of title 49''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting
``programs and'' before ``research''; and
(ii) in clause (iii), by striking ``research and'' and
inserting ``programs, research, and'';
(4) by redesignating paragraphs (3) through (5) as paragraphs
(5) through (7); and
(5) by inserting after paragraph (2) the following:
``(3) Term.--
``(A) In general.--The term of a member of the Advisory
Committee shall be 3 years.
``(B) Renewal.--On expiration of the term of a member of
the Advisory Committee, the member--
``(i) may be reappointed; or
``(ii) if the member is not reappointed under clause
(i), may serve until a new member is appointed.
``(4) Meetings.--The Advisory Committee--
``(A) shall convene not less frequently than twice each
year; and
``(B) may convene with the use of remote video conference
technology.''.
SEC. 25002. SMART COMMUNITY RESOURCE CENTER.
(a) Definitions.--In this section:
(1) Resource center.--The term ``resource center'' means the
Smart Community Resource Center established under subsection (b).
(2) Smart community.--The term ``smart community'' means a
community that uses innovative technologies, data, analytics, and
other means to improve the community and address local challenges.
(b) Establishment.--The Secretary shall work with the modal
administrations of the Department and with such other Federal agencies
and departments as the Secretary determines to be appropriate to make
available to the public on an Internet website a resource center, to be
known as the ``Smart Community Resource Center'', that includes a
compilation of resources or links to resources for States and local
communities to use in developing and implementing--
(1) intelligent transportation system programs; or
(2) smart community transportation programs.
(c) Inclusions.--The resource center shall include links to--
(1) existing programs and resources for intelligent
transportation system or smart community transportation programs,
including technical assistance, education, training, funding, and
examples of intelligent transportation systems or smart community
transportation programs implemented by States and local
communities, available from--
(A) the Department;
(B) other Federal agencies; and
(C) non-Federal sources;
(2) existing reports or databases with the results of
intelligent transportation system or smart community transportation
programs;
(3) any best practices developed or lessons learned from
intelligent transportation system or smart community transportation
programs; and
(4) such other resources as the Secretary determines to be
appropriate.
(d) Deadline.--The Secretary shall establish the resource center by
the date that is 1 year after the date of enactment of this Act.
(e) Updates.--The Secretary shall ensure that the resource center
is updated on a regular basis.
SEC. 25003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.
(a) Local Outreach.--To determine the data analysis tools needed to
assist local communities in making infrastructure decisions, the
Director of the Bureau of Transportation Statistics shall perform
outreach to planning and infrastructure decision-making officials in
units of local government and other units of government, including a
geographically diverse group of individuals from--
(1) States;
(2) political subdivisions of States;
(3) cities;
(4) metropolitan planning organizations;
(5) regional transportation planning organizations; and
(6) federally recognized Indian Tribes.
(b) Work Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, based on the outreach performed under
subsection (a), the Director of the Bureau of Transportation
Statistics shall submit to the Secretary a work plan for reviewing
and updating existing data analysis tools and developing any
additional data analysis tools needed to assist local communities
with making infrastructure investment decisions.
(2) Contents.--Based on the needs identified pursuant to the
outreach performed under subsection (a), the work plan submitted
under paragraph (1) shall include--
(A) a description of the data analysis tools identified
that would benefit infrastructure decision-making by local
governments and address the goals described in subsection (c);
(B) a review of the datasets that local governments need to
effectively use the data analysis tools described in
subparagraph (A);
(C) an identification of existing or proposed data analysis
tools that use publicly available data;
(D) the estimated cost of obtaining each dataset described
in subparagraph (B);
(E) the estimated cost to develop the data analysis tools
described in subparagraph (A);
(F) a prioritization for the development of data analysis
tools described in subparagraph (A); and
(G) a determination as to whether it would be appropriate
for the Federal Government to develop the data analysis tools
described in subparagraph (A).
(c) Goals.--
(1) In general.--A data analysis tool created pursuant to the
work plan submitted under subsection (b)(1) shall be developed to
help inform local communities in making infrastructure investments.
(2) Specific issues.--A data analysis tool created pursuant to
the work plan submitted under subsection (b)(1) shall be intended
to help units of local government and other units of government
address 1 or more of the following:
(A) Improving maintenance of existing assets.
(B) Rebuilding infrastructure to a state of good repair.
(C) Creating economic development through infrastructure
development.
(D) Establishing freight plans and infrastructure that
connects the community to supply chains.
(E) Increasing options for communities that lack access to
affordable transportation to improve access to jobs, affordable
housing, schools, medical services, foods and other essential
community services.
(F) Reducing congestion.
(G) Improving community resilience to extreme weather
events.
(H) Any other subject, as the Director determines to be
necessary.
(d) Implementation.--Subject to the availability of appropriations,
the Secretary shall develop data analysis tools and purchase datasets
as prioritized in the work plan.
(e) Coordination.--The Director of the Bureau of Transportation
Statistics may utilize existing working groups or advisory committees
to perform the local outreach required under subsection (a).
SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
(a) Funding.--In addition to amounts made available from the
Highway Trust Fund, there is authorized to be appropriated to the
Secretary for use by the Bureau of Transportation Statistics for data
collection and analysis activities $10,000,000 for each of fiscal years
2022 through 2026.
(b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United
States Code, is amended--
(1) by striking subclause (V);
(2) by redesignating subclauses (VI) through (XI) as subclauses
(VII) through (XII), respectively; and
(3) by adding after subclause (IV) the following:
``(V) employment in the transportation sector;
``(VI) the effects of the transportation system,
including advanced technologies and automation, on
global and domestic economic competitiveness;''.
SEC. 25005. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION
GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State;
(C) a Tribal government;
(D) a public transit agency or authority;
(E) a public toll authority;
(F) a metropolitan planning organization; and
(G) a group of 2 or more eligible entities described in any
of subparagraphs (A) through (F) applying through a single lead
applicant.
(2) Eligible project.--The term ``eligible project'' means a
project described in subsection (e).
(3) Large community.--The term ``large community'' means a
community with a population of not less than 400,000 individuals,
as determined under the most recent annual estimate of the Bureau
of the Census.
(4) Midsized community.--The term ``midsized community'' means
any community that is not a large community or a rural community.
(5) Regional partnership.--The term ``regional partnership''
means a partnership composed of 2 or more eligible entities located
in jurisdictions with a combined population that is equal to or
greater than the population of any midsized community.
(6) Rural community.--The term ``rural community'' means a
community that is located in an area that is outside of an
urbanized area (as defined in section 5302 of title 49, United
States Code).
(7) SMART grant.--The term ``SMART grant'' means a grant
provided to an eligible entity under the Strengthening Mobility and
Revolutionizing Transportation Grant Program established under
subsection (b).
(b) Establishment of Program.--The Secretary shall establish a
program, to be known as the ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', under which the
Secretary shall provide grants to eligible entities to conduct
demonstration projects focused on advanced smart city or community
technologies and systems in a variety of communities to improve
transportation efficiency and safety.
(c) Distribution.--In determining the projects for which to provide
a SMART grant, the Secretary shall consider contributions to
geographical diversity among grant recipients, including the need for
balancing the needs of rural communities, midsized communities, and
large communities, consistent with the requirements of subparagraphs
(A) through (C) of subsection (g)(1).
(d) Applications.--
(1) In general.--An eligible entity may submit to the Secretary
an application for a SMART grant at such time, in such manner, and
containing such information as the Secretary may require.
(2) Transparency.--The Secretary shall include, in any notice
of funding availability relating to SMART grants, a full
description of the method by which applications under paragraph (1)
will be evaluated.
(3) Selection criteria.--
(A) In general.--The Secretary shall evaluate applications
for SMART grants based on--
(i) the extent to which the eligible entity or
applicable beneficiary community--
(I) has a public transportation system or other
transit options capable of integration with other
systems to improve mobility and efficiency;
(II) has a population density and transportation
needs conducive to demonstrating proposed strategies;
(III) has continuity of committed leadership and
the functional capacity to carry out the proposed
project;
(IV) is committed to open data sharing with the
public; and
(V) is likely to successfully implement the
proposed eligible project, including through technical
and financial commitments from the public and private
sectors; and
(ii) the extent to which a proposed eligible project
will use advanced data, technology, and applications to
provide significant benefits to a local area, a State, a
region, or the United States, including the extent to which
the proposed eligible project will--
(I) reduce congestion and delays for commerce and
the traveling public;
(II) improve the safety and integration of
transportation facilities and systems for pedestrians,
bicyclists, and the broader traveling public;
(III) improve access to jobs, education, and
essential services, including health care;
(IV) connect or expand access for underserved or
disadvantaged populations and reduce transportation
costs;
(V) contribute to medium- and long-term economic
competitiveness;
(VI) improve the reliability of existing
transportation facilities and systems;
(VII) promote connectivity between and among
connected vehicles, roadway infrastructure,
pedestrians, bicyclists, the public, and transportation
systems
(VIII) incentivize private sector investments or
partnerships, including by working with mobile and
fixed telecommunication service providers, to the
extent practicable;
(IX) improve energy efficiency or reduce pollution;
(X) increase the resiliency of the transportation
system; and
(XI) improve emergency response.
(B) Priority.--In providing SMART grants, the Secretary
shall give priority to applications for eligible projects that
would--
(i) demonstrate smart city or community technologies in
repeatable ways that can rapidly be scaled;
(ii) encourage public and private sharing of data and
best practices;
(iii) encourage private-sector innovation by promoting
industry-driven technology standards, open platforms,
technology-neutral requirements, and interoperability;
(iv) promote a skilled workforce that is inclusive of
minority or disadvantaged groups;
(v) allow for the measurement and validation of the
cost savings and performance improvements associated with
the installation and use of smart city or community
technologies and practices;
(vi) encourage the adoption of smart city or community
technologies by communities;
(vii) promote industry practices regarding
cybersecurity; and
(viii) safeguard individual privacy.
(4) Technical assistance.--On request of an eligible entity
that submitted an application under paragraph (1) with respect to a
project that is not selected for a SMART grant, the Secretary shall
provide to the eligible entity technical assistance and briefings
relating to the project.
(e) Use of Grant Funds.--
(1) Eligible projects.--
(A) In general.--A SMART grant may be used to carry out a
project that demonstrates at least 1 of the following:
(i) Coordinated automation.--The use of automated
transportation and autonomous vehicles, while working to
minimize the impact on the accessibility of any other user
group or mode of travel.
(ii) Connected vehicles.--Vehicles that send and
receive information regarding vehicle movements in the
network and use vehicle-to-vehicle and vehicle-to-
everything communications to provide advanced and reliable
connectivity.
(iii) Intelligent, sensor-based infrastructure.--The
deployment and use of a collective intelligent
infrastructure that allows sensors to collect and report
real-time data to inform everyday transportation-related
operations and performance.
(iv) Systems integration.--The integration of
intelligent transportation systems with other existing
systems and other advanced transportation technologies.
(v) Commerce delivery and logistics.--Innovative data
and technological solutions supporting efficient goods
movement, such as connected vehicle probe data, road
weather data, or global positioning data to improve on-time
pickup and delivery, improved travel time reliability,
reduced fuel consumption and emissions, and reduced labor
and vehicle maintenance costs.
(vi) Leveraging use of innovative aviation
technology.--Leveraging the use of innovative aviation
technologies, such as unmanned aircraft systems, to support
transportation safety and efficiencies, including traffic
monitoring and infrastructure inspection.
(vii) Smart grid.--Development of a programmable and
efficient energy transmission and distribution system to
support the adoption or expansion of energy capture,
electric vehicle deployment, or freight or commercial fleet
fuel efficiency.
(viii) Smart technology traffic signals.--Improving the
active management and functioning of traffic signals,
including through--
(I) the use of automated traffic signal performance
measures;
(II) implementing strategies, activities, and
projects that support active management of traffic
signal operations, including through optimization of
corridor timing, improved vehicle, pedestrian, and
bicycle detection at traffic signals, or the use of
connected vehicle technologies;
(III) replacing outdated traffic signals; or
(IV) for an eligible entity serving a population of
less than 500,000, paying the costs of temporary
staffing hours dedicated to updating traffic signal
technology.
(2) Eligible project costs.--A SMART grant may be used for--
(A) development phase activities, including--
(i) planning;
(ii) feasibility analyses;
(iii) revenue forecasting;
(iv) environmental review;
(v) permitting;
(vi) preliminary engineering and design work;
(vii) systems development or information technology
work; and
(viii) acquisition of real property (including land and
improvements to land relating to an eligible project); and
(B) construction phase activities, including--
(i) construction;
(ii) reconstruction;
(iii) rehabilitation;
(iv) replacement;
(v) environmental mitigation;
(vi) construction contingencies; and
(vii) acquisition of equipment, including vehicles.
(3) Prohibited uses.--A SMART grant shall not be used--
(A) to reimburse any preaward costs or application
preparation costs of the SMART grant application;
(B) for any traffic or parking enforcement activity; or
(C) to purchase or lease a license plate reader.
(f) Reports.--
(1) Eligible entities.--Not later than 2 years after the date
on which an eligible entity receives a SMART grant, and annually
thereafter until the date on which the SMART grant is expended, the
eligible entity shall submit to the Secretary an implementation
report that describes--
(A) the deployment and operational costs of each eligible
project carried out by the eligible entity, as compared to the
benefits and savings from the eligible project; and
(B) the means by which each eligible project carried out by
the eligible entity has met the original expectation, as
projected in the SMART grant application, including--
(i) data describing the means by which the eligible
project met the specific goals for the project, such as--
(I) reducing traffic-related fatalities and
injuries;
(II) reducing traffic congestion or improving
travel-time reliability;
(III) providing the public with access to real-time
integrated traffic, transit, and multimodal
transportation information to make informed travel
decisions; or
(IV) reducing barriers or improving access to jobs,
education, or various essential services;
(ii) the effectiveness of providing to the public real-
time integrated traffic, transit, and multimodal
transportation information to make informed travel
decisions; and
(iii) lessons learned and recommendations for future
deployment strategies to optimize transportation efficiency
and multimodal system performance.
(2) GAO.--Not later than 4 years after the date of enactment of
this Act, the Comptroller General of the United States shall
conduct, and submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and Commerce
of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the results of, a review of the SMART grant
program under this section.
(3) Secretary.--
(A) Report to congress.--Not later than 2 years after the
date on which the initial SMART grants are provided under this
section, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(i) describes each eligible entity that received a
SMART grant;
(ii) identifies the amount of each SMART grant
provided;
(iii) summarizes the intended uses of each SMART grant;
(iv) describes the effectiveness of eligible entities
in meeting the goals described in the SMART grant
application of the eligible entity, including an assessment
or measurement of the realized improvements or benefits
resulting from each SMART grant; and
(v) describes lessons learned and recommendations for
future deployment strategies to optimize transportation
efficiency and multimodal system performance.
(B) Best practices.--The Secretary shall--
(i) develop and regularly update best practices based
on, among other information, the data, lessons learned, and
feedback from eligible entities that received SMART grants;
(ii) publish the best practices under clause (i) on a
publicly available website; and
(iii) update the best practices published on the
website under clause (ii) regularly.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Secretary $100,000,000 for each of the first 5 fiscal years
beginning after the date of enactment of this Act, of which--
(A) not more than 40 percent shall be used to provide SMART
grants for eligible projects that primarily benefit large
communities;
(B) not more than 30 percent shall be provided for eligible
projects that primarily benefit midsized communities; and
(C) not more than 30 percent shall be used to provide SMART
grants for eligible projects that primarily benefit rural
communities or regional partnerships.
(2) Administrative costs.--Of the amounts made available under
paragraph (1) for each fiscal year, not more than 2 percent shall
be used for administrative costs of the Secretary in carrying out
this section.
(3) Limitation.--An eligible entity may not use more than 3
percent of the amount of a SMART grant for each fiscal year to
achieve compliance with applicable planning and reporting
requirements.
(4) Availability.--The amounts made available for a fiscal year
pursuant to this subsection shall be available for obligation
during the 2-fiscal-year period beginning on the first day of the
fiscal year for which the amounts were appropriated.
SEC. 25006. ELECTRIC VEHICLE WORKING GROUP.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Energy.
(2) Working group.--The term ``working group'' means the
electric vehicle working group established under subsection (b)(1).
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall jointly establish an
electric vehicle working group to make recommendations regarding
the development, adoption, and integration of light-, medium-, and
heavy-duty electric vehicles into the transportation and energy
systems of the United States.
(2) Membership.--
(A) In general.--The working group shall be composed of--
(i) the Secretaries (or designees), who shall be
cochairs of the working group; and
(ii) not more than 25 members, to be appointed by the
Secretaries, of whom--
(I) not more than 6 shall be Federal stakeholders
as described in subparagraph (B); and
(II) not more than 19 shall be non-Federal
stakeholders as described in subparagraph (C).
(B) Federal stakeholders.--The working group--
(i) shall include not fewer than 1 representative of
each of--
(I) the Department;
(II) the Department of Energy;
(III) the Environmental Protection Agency;
(IV) the Council on Environmental Quality; and
(V) the General Services Administration; and
(ii) may include a representative of any other Federal
agency the Secretaries consider to be appropriate.
(C) Non-federal stakeholders.--
(i) In general.--Subject to clause (ii), the working
group--
(I) shall include not fewer than 1 representative
of each of--
(aa) a manufacturer of light-duty electric
vehicles or the relevant components of light-duty
electric vehicles;
(bb) a manufacturer of medium- and heavy-duty
vehicles or the relevant components of medium- and
heavy-duty electric vehicles;
(cc) a manufacturer of electric vehicle
batteries;
(dd) an owner, operator, or manufacturer of
electric vehicle charging equipment;
(ee) the public utility industry;
(ff) a public utility regulator or association
of public utility regulators;
(gg) the transportation fueling distribution
industry;
(hh) the energy provider industry;
(ii) the automotive dealing industry;
(jj) the for-hire passenger transportation
industry;
(kk) an organization representing units of
local government;
(ll) an organization representing regional
transportation or planning agencies;
(mm) an organization representing State
departments of transportation;
(nn) an organization representing State
departments of energy or State energy planners;
(oo) the intelligent transportation systems and
technologies industry;
(pp) labor organizations representing workers
in transportation manufacturing, construction, or
operations;
(qq) the trucking industry;
(rr) Tribal governments; and
(ss) the property development industry; and
(II) may include a representative of any other non-
Federal stakeholder that the Secretaries consider to be
appropriate.
(ii) Requirement.--The stakeholders selected under
clause (i) shall, in the aggregate--
(I) consist of individuals with a balance of
backgrounds, experiences, and viewpoints; and
(II) include individuals that represent
geographically diverse regions of the United States,
including individuals representing the perspectives of
rural, urban, and suburban areas.
(D) Compensation.--A member of the working group shall
serve without compensation.
(3) Meetings.--
(A) In general.--The working group shall meet not less
frequently than once every 120 days.
(B) Remote participation.--A member of the working group
may participate in a meeting of the working group via
teleconference or similar means.
(4) Coordination.--In carrying out the duties of the working
group, the working group shall coordinate and consult with any
existing Federal interagency working groups on fleet conversion or
other similar matters relating to electric vehicles.
(c) Reports and Strategy on Electric Vehicle Adoption.--
(1) Working group reports.--The working group shall complete by
each of the deadlines described in paragraph (2) a report
describing the status of electric vehicle adoption including--
(A) a description of the barriers and opportunities to
scaling up electric vehicle adoption throughout the United
States, including recommendations for issues relating to--
(i) consumer behavior;
(ii) charging infrastructure needs, including
standardization and cybersecurity;
(iii) manufacturing and battery costs, including the
raw material shortages for batteries and electric motor
magnets;
(iv) the adoption of electric vehicles for low- and
moderate-income individuals and underserved communities,
including charging infrastructure access and vehicle
purchase financing;
(v) business models for charging personal electric
vehicles outside the home, including wired and wireless
charging;
(vi) charging infrastructure permitting and regulatory
issues;
(vii) the connections between housing and
transportation costs and emissions;
(viii) freight transportation, including local, port
and drayage, regional, and long-haul trucking;
(ix) intercity passenger travel;
(x) the process by which governments collect a user fee
for the contribution of electric vehicles to funding
roadway improvements;
(xi) State- and local-level policies, incentives, and
zoning efforts;
(xii) the installation of highway corridor signage;
(xiii) secondary markets and recycling for batteries;
(xiv) grid capacity and integration;
(xv) energy storage; and
(xvi) specific regional or local issues that may not
appear to apply throughout the United States, but may
hamper nationwide adoption or coordination of electric
vehicles;
(B) examples of successful public and private models and
demonstration projects that encourage electric vehicle
adoption;
(C) an analysis of current efforts to overcome the barriers
described in subparagraph (A);
(D) an analysis of the estimated costs and benefits of any
recommendations of the working group; and
(E) any other topics, as determined by the working group.
(2) Deadlines.--A report under paragraph (1) shall be submitted
to the Secretaries, the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate and the Committees
on Transportation and Infrastructure and Appropriations of the
House of Representatives--
(A) in the case of the first report, by not later than 18
months after the date on which the working group is established
under subsection (b)(1);
(B) in the case of the second report, by not later than 2
years after the date on which the first report is required to
be submitted under subparagraph (A); and
(C) in the case of the third report, by not later than 2
years after the date on which the second report is required to
be submitted under subparagraph (B).
(3) Strategy.--
(A) In general.--Based on the reports submitted by the
working group under paragraph (1), the Secretaries shall
jointly develop, maintain, and update a strategy that describes
the means by which the Federal Government, States, units of
local government, and industry can--
(i) establish quantitative targets for transportation
electrification;
(ii) overcome the barriers described in paragraph
(1)(A);
(iii) identify areas of opportunity in research and
development to improve battery manufacturing, mineral
mining, recycling costs, material recovery, fire risks, and
battery performance for electric vehicles;
(iv) enhance Federal interagency coordination to
promote electric vehicle adoption;
(v) prepare the workforce for the adoption of electric
vehicles, including through collaboration with labor
unions, educational institutions, and relevant
manufacturers;
(vi) expand electric vehicle and charging
infrastructure;
(vii) expand knowledge of the benefits of electric
vehicles among the general public;
(viii) maintain the global competitiveness of the
United States in the electric vehicle and charging
infrastructure markets;
(ix) provide clarity in regulations to improve national
uniformity with respect to electric vehicles; and
(x) ensure the sustainable integration of electric
vehicles into the national electric grid.
(B) Notice and comment.--In carrying out subparagraph (A),
the Secretaries shall provide public notice and opportunity for
comment on the strategy described in that subparagraph.
(4) Information.--
(A) In general.--The Secretaries may enter into an
agreement with the Transportation Research Board of the
National Academies of Sciences, Engineering, and Medicine to
provide, track, or report data, information, or research to
assist the working group in carrying out paragraph (1).
(B) Use of existing information.--In developing a report
under paragraph (1) or a strategy under paragraph (3), the
Secretaries and the working group shall take into consideration
existing Federal, State, local, private sector, and academic
data and information relating to electric vehicles and, to the
maximum extent practicable, coordinate with the entities that
publish that information--
(i) to prevent duplication of efforts by the Federal
Government; and
(ii) to leverage existing information and complementary
efforts.
(d) Coordination.--To the maximum extent practicable, the
Secretaries and the working group shall carry out this section using
all available existing resources, websites, and databases of Federal
agencies, such as--
(1) the Alternative Fuels Data Center;
(2) the Energy Efficient Mobility Systems program; and
(3) the Clean Cities Coalition Network.
(e) Termination.--The working group shall terminate on submission
of the third report required under subsection (c)(2)(C).
SEC. 25007. RISK AND SYSTEM RESILIENCE.
(a) In General.--The Secretary, in consultation with appropriate
Federal, State, and local agencies, shall develop a process for
quantifying annual risk in order to increase system resilience with
respect to the surface transportation system of the United States by
measuring--
(1) resilience to threat probabilities by type of hazard and
geographical location;
(2) resilience to asset vulnerabilities with respect to each
applicable threat; and
(3) anticipated consequences from each applicable threat to
each asset.
(b) Use by State, Regional, Tribal, and Local Entities.--
(1) In general.--The Secretary shall provide the process
developed under subsection (a) to State departments of
transportation, metropolitan planning organizations, Indian Tribes,
local governments, and other relevant entities.
(2) Guidance and technical assistance.--The Secretary shall
provide to the entities described in paragraph (1) guidance and
technical assistance on the use of the process referred to in that
paragraph.
(c) Research.--
(1) In general.--The Secretary shall--
(A) identify and support fundamental research to develop a
framework and quantitative models to support compilation of
information for risk-based analysis of transportation assets by
standardizing the basis for quantifying annual risk and
increasing system resilience; and
(B) build on existing resilience research, including
studies conducted by--
(i) the Transportation Research Board of the National
Academies of Sciences, Engineering, and Medicine; and
(ii) the National Institute of Standards and
Technology.
(2) Use of existing facilities.--In carrying out paragraph (1),
the Secretary shall use existing research facilities available to
the Secretary, including the Turner-Fairbank Highway Research
Center and University Transportation Centers established under
section 5505 of title 49, United States Code.
SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
(a) In General.--Subchapter I of chapter 3 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 313. Nontraditional and Emerging Transportation Technology
Council
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish a council, to be
known as the `Nontraditional and Emerging Transportation Technology
Council' (referred to in this section as the `Council'), to address
coordination on emerging technology issues across all modes of
transportation.
``(b) Membership.--
``(1) In general.--The Council shall be composed of--
``(A) the Secretary, who shall serve as an ex officio
member of the Council;
``(B) the Deputy Secretary of Transportation;
``(C) the Under Secretary of Transportation for Policy;
``(D) the Assistant Secretary for Research and Technology
of the Department of Transportation;
``(E) the Assistant Secretary for Budget and Programs of
the Department of Transportation;
``(F) the General Counsel of the Department of
Transportation;
``(G) the Chief Information Officer of the Department of
Transportation;
``(H) the Administrator of the Federal Aviation
Administration;
``(I) the Administrator of the Federal Highway
Administration;
``(J) the Administrator of the Federal Motor Carrier Safety
Administration;
``(K) the Administrator of the Federal Railroad
Administration;
``(L) the Administrator of the Federal Transit
Administration;
``(M) the Administrator of the Maritime Administration;
``(N) the Administrator of the National Highway Traffic
Safety Administration;
``(O) the Administrator of the Pipeline and Hazardous
Materials Safety Administration; and
``(P) any other official of the Department of
Transportation, as determined by the Secretary.
``(2) Chair and vice chair.--
``(A) Chair.--The Deputy Secretary of Transportation (or a
designee) shall serve as Chair of the Council.
``(B) Vice chair.--The Under Secretary of Transportation
for Policy (or a designee) shall serve as Vice Chair of the
Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve jurisdictional and regulatory gaps
or inconsistencies associated with nontraditional and emerging
transportation technologies, modes, or projects pending or brought
before the Department of Transportation to reduce, to the maximum
extent practicable, impediments to the prompt and safe deployment
of new and innovative transportation technology, including with
respect to--
``(A) safety oversight;
``(B) environmental review; and
``(C) funding and financing issues;
``(2) coordinate the response of the Department of
Transportation to nontraditional and emerging transportation
technology projects;
``(3) engage with stakeholders in nontraditional and emerging
transportation technology projects; and
``(4) develop and establish Department of Transportation-wide
processes, solutions, and best practices for identifying and
managing nontraditional and emerging transportation technology
projects.
``(d) Best Practices.--Not later than 1 year after the date of
enactment of this section, the Council shall--
``(1) publish initial guidelines to achieve the purposes
described in subsection (c)(4); and
``(2) promote each modal administration within the Department
of Transportation to further test and support the advancement of
nontraditional and emerging transportation technologies not
specifically considered by the Council.
``(e) Support.--The Office of the Secretary shall provide support
for the Council.
``(f) Meetings.--The Council shall meet not less frequently than 4
times per year, at the call of the Chair.
``(g) Lead Modal Administration.--For each nontraditional or
emerging transportation technology, mode, or project associated with a
jurisdictional or regulatory gap or inconsistency identified under
subsection (c)(1), the Chair of the Council shall--
``(1) designate a lead modal administration of the Department
of Transportation for review of the technology, mode, or project;
and
``(2) arrange for the detailing of staff between modal
administrations or offices of the Department of Transportation as
needed to maximize the sharing of experience and expertise.
``(h) Transparency.--Not later than 1 year after the date of
establishment of the Council, and not less frequently than annually
thereafter until December 31, 2026, the Council shall post on a
publicly accessible website a report describing the activities of the
Council during the preceding calendar year.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 3
of title 49, United States Code, is amended by adding at the end the
following:
``313. Nontraditional and Emerging Transportation Technology Council.''.
SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Section 102 of title 49, United States Code (as
amended by section 14009), is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Department')'' after ``Transportation'';
(2) in subsection (b), in the first sentence, by inserting
``(referred to in this section as the `Secretary')'' after
``Transportation'';
(3) by redesignating subsection (h) as subsection (i); and
(4) by inserting after subsection (g) the following:
``(h) Interagency Infrastructure Permitting Improvement Center.--
``(1) Definitions.--In this subsection:
``(A) Center.--The term `Center' means the Interagency
Infrastructure Permitting Improvement Center established by
paragraph (2).
``(B) Project.--The term `project' means a project
authorized or funded under--
``(i) this title; or
``(ii) title 14, 23, 46, or 51.
``(2) Establishment.--There is established within the Office of
the Secretary a center, to be known as the `Interagency
Infrastructure Permitting Improvement Center'.
``(3) Purposes.--The purposes of the Center shall be--
``(A) to implement reforms to improve interagency
coordination and expedite projects relating to the permitting
and environmental review of major transportation infrastructure
projects, including--
``(i) developing and deploying information technology
tools to track project schedules and metrics; and
``(ii) improving the transparency and accountability of
the permitting process;
``(B)(i) to identify appropriate methods to assess
environmental impacts; and
``(ii) to develop innovative methods for reasonable
mitigation;
``(C) to reduce uncertainty and delays with respect to
environmental reviews and permitting; and
``(D) to reduce costs and risks to taxpayers in project
delivery.
``(4) Executive director.--The Center shall be headed by an
Executive Director, who shall--
``(A) report to the Under Secretary of Transportation for
Policy;
``(B) be responsible for the management and oversight of
the daily activities, decisions, operations, and personnel of
the Center; and
``(C) carry out such additional duties as the Secretary may
prescribe.
``(5) Duties.--The Center shall carry out the following duties:
``(A) Coordinate and support implementation of priority
reform actions for Federal agency permitting and reviews.
``(B) Support modernization efforts at the operating
administrations within the Department and interagency pilot
programs relating to innovative approaches to the permitting
and review of transportation infrastructure projects.
``(C) Provide technical assistance and training to
Department staff on policy changes, innovative approaches to
project delivery, and other topics, as appropriate.
``(D) Identify, develop, and track metrics for timeliness
of permit reviews, permit decisions, and project outcomes.
``(E) Administer and expand the use of online transparency
tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules for permit
reviews and permit decisions;
``(iii) the sharing of best practices relating to
efficient project permitting and reviews; and
``(iv) the visual display of relevant geospatial data
to support the permitting process.
``(F) Submit to the Secretary reports describing progress
made toward achieving--
``(i) greater efficiency in permitting decisions and
review of infrastructure projects; and
``(ii) better outcomes for communities and the
environment.
``(6) Innovative best practices.--
``(A) In general.--The Center shall work with the operating
administrations within the Department, eligible entities, and
other public and private interests to develop and promote best
practices for innovative project delivery.
``(B) Activities.--The Center shall support the Department
and operating administrations in conducting environmental
reviews and permitting, together with project sponsor technical
assistance activities, by--
``(i) carrying out activities that are appropriate and
consistent with the goals and policies of the Department to
improve the delivery timelines for projects;
``(ii) serving as the Department liaison to--
``(I) the Council on Environmental Quality; and
``(II) the Federal Permitting Improvement Steering
Council established by section 41002(a) of the Fixing
America's Surface Transportation Act (42 U.S.C. 4370m-
1(a));
``(iii) supporting the National Surface Transportation
and Innovative Finance Bureau (referred to in this
paragraph as the `Bureau') in implementing activities to
improve delivery timelines, as described in section 116(f),
for projects carried out under the programs described in
section 116(d)(1) for which the Bureau administers the
application process;
``(iv) leading activities to improve delivery timelines
for projects carried out under programs not administered by
the Bureau by--
``(I) coordinating efforts to improve the
efficiency and effectiveness of the environmental
review and permitting process;
``(II) providing technical assistance and training
to field and headquarters staff of Federal agencies
with respect to policy changes and innovative
approaches to the delivery of projects; and
``(III) identifying, developing, and tracking
metrics for permit reviews and decisions by Federal
agencies for projects under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) NEPA compliance assistance.--
``(i) In general.--Subject to clause (ii), at the
request of an entity that is carrying out a project, the
Center, in coordination with the appropriate operating
administrations within the Department, shall provide
technical assistance relating to compliance with the
applicable requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and applicable
Federal authorizations.
``(ii) Assistance from the bureau.--For projects
carried out under the programs described in section
116(d)(1) for which the Bureau administers the application
process, the Bureau, on request of the entity carrying out
the project, shall provide the technical assistance
described in clause (i).''.
(b) Conforming Amendment.--Section 116(f)(2) of title 49, United
States Code, is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B) through (D) and
subparagraphs (A) through (C), respectively.
SEC. 25010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC
SUCCESS INITIATIVE.
(a) Definitions.--In this section:
(1) Build america bureau.--The term ``Build America Bureau''
means the National Surface Transportation and Innovative Finance
Bureau established under section 116 of title 49, United States
Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) ROUTES council.--The term ``ROUTES Council'' means the
Rural Opportunities to Use Transportation for Economic Success
Council established by subsection (c)(1).
(4) ROUTES office.--The term ``ROUTES Office'' means the Rural
Opportunities to Use Transportation for Economic Success Office
established by subsection (b)(1).
(b) Routes Office.--
(1) In general.--The Secretary shall establish within the
Department the Rural Opportunities to Use Transportation for
Economic Success Office--
(A) to improve analysis of projects from rural areas,
Indian Tribes, and historically disadvantaged communities in
rural areas applying for Department discretionary grants,
including ensuring that project costs, local resources, and the
larger benefits to the people and the economy of the United
States are appropriately considered; and
(B) to provide rural communities, Indian Tribes, and
historically disadvantaged communities in rural areas with
technical assistance for meeting the transportation
infrastructure investment needs of the United States in a
financially sustainable manner.
(2) Objectives.--The ROUTES Office shall--
(A) collect input from knowledgeable entities and the
public on--
(i) the benefits of rural and Tribal transportation
projects;
(ii) the technical and financial assistance required
for constructing and operating transportation
infrastructure and services within rural areas and on the
land of Indian Tribes;
(iii) barriers and opportunities to funding
transportation projects in rural areas and on the land of
Indian Tribes; and
(iv) unique transportation barriers and challenges
faced by Indian Tribes and historically disadvantaged
communities in rural areas;
(B) evaluate data on transportation challenges faced by
rural communities and Indian Tribes and determine methods to
align the discretionary funding and financing opportunities of
the Department with the needs of those communities for meeting
national transportation goals;
(C) provide education and technical assistance to rural
communities and Indian Tribes about applicable Department
discretionary grants, develop effective methods to evaluate
projects in those communities in discretionary grant programs,
and communicate those methods through program guidance;
(D) carry out research and utilize innovative approaches to
resolve the transportation challenges faced by rural areas and
Indian Tribes; and
(E) perform such other duties as determined by the
Secretary.
(c) Routes Council.--
(1) In general.--The Secretary shall establish a Rural
Opportunities to Use Transportation for Economic Success Council--
(A) to organize, guide, and lead the ROUTES Office; and
(B) to coordinate rural-related and Tribal-related funding
programs and assistance among the modal administrations of the
Department, the offices of the Department, and other Federal
agencies, as appropriate--
(i) to ensure that the unique transportation needs and
attributes of rural areas and Indian Tribes are fully
addressed during the development and implementation of
programs, policies, and activities of the Department;
(ii) to increase coordination of programs, policies,
and activities of the Department in a manner that improves
and expands transportation infrastructure in order to
further economic development in, and the quality of life
of, rural areas and Indian Tribes; and
(iii) to provide rural areas and Indian Tribes with
proactive outreach--
(I) to improve access to discretionary funding and
financing programs; and
(II) to facilitate timely resolution of
environmental reviews for complex or high-priority
projects.
(2) Membership.--
(A) In general.--The ROUTES Council shall be composed of
the following officers of the Department, or their designees:
(i) The Deputy Secretary of Transportation.
(ii) The Under Secretary of Transportation for Policy.
(iii) The General Counsel.
(iv) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
(v) The Assistant Secretary for Research and
Technology.
(vi) The Assistant Secretary for Multimodal Freight.
(vii) The Administrators of--
(I) the Federal Aviation Administration;
(II) the Federal Highway Administration;
(III) the Federal Railroad Administration; and
(IV) the Federal Transit Administration.
(viii) The Executive Director of the Build America
Bureau.
(ix) The Assistant Secretary for Governmental Affairs.
(x) The Assistant Secretary for Transportation Policy.
(xi) The Deputy Assistant Secretary for Tribal
Government Affairs.
(B) Chair.--The Deputy Secretary of Transportation shall be
the Chair of the ROUTES Council.
(C) Additional members.--The Secretary or the Chair of the
ROUTES Council may designate additional members to serve on the
ROUTES Council.
(3) Additional modal input.--To address issues related to
safety and transport of commodities produced in or by, or
transported through, as applicable, rural areas, Indian Tribes, or
the land of Indian Tribes, the ROUTES Council shall consult with
the Administrators (or their designees) of--
(A) the Maritime Administration;
(B) the Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) the National Highway Traffic Safety Administration.
(4) Duties.--Members of the ROUTES Council shall--
(A) participate in all meetings and relevant ROUTES Council
activities and be prepared to share information relevant to
rural and Tribal transportation infrastructure projects and
issues;
(B) provide guidance and leadership on rural and Tribal
transportation infrastructure issues and represent the work of
the ROUTES Council and the Department on those issues to
external stakeholders; and
(C) recommend initiatives for the consideration of the
Chair of the ROUTES Council to establish and staff any
resulting activities or working groups.
(5) Meetings.--The ROUTES Council shall meet bimonthly.
(6) Additional staffing.--The Secretary shall ensure that the
ROUTES Council and ROUTES Office have adequate staff support to
carry out the duties of the ROUTES Council and the ROUTES Office,
respectively, under this section.
(7) Work products and deliverables.--The ROUTES Council may
develop work products or deliverables to meet the goals of the
ROUTES Council, including--
(A) an annual report to Congress describing ROUTES Council
activities for the past year and expected activities for the
coming year;
(B) any recommendations to enhance the effectiveness of
Department discretionary grant programs regarding rural and
Tribal infrastructure issues; and
(C) other guides and reports for relevant groups and the
public.
SEC. 25011. SAFETY DATA INITIATIVE.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a transit agency or authority;
(4) a metropolitan planning organization;
(5) any other subdivision of a State or local government;
(6) an institution of higher education; and
(7) a multi-State or multijurisdictional group.
(b) Safety Data Initiative.--
(1) Establishment.--The Secretary shall establish an
initiative, to be known as the ``Safety Data Initiative'', to
promote the use of data integration, data visualization, and
advanced analytics for surface transportation safety through the
development of innovative practices and products for use by
Federal, State, and local entities.
(2) Activities.--
(A) Applied research.--
(i) In general.--The Secretary shall support and carry
out applied research to develop practices and products that
will encourage the integration and use of traditional and
new sources of safety data and safety information to
improve policy and decisionmaking at the Federal, State,
and local government levels.
(ii) Methodology.--In carrying out clause (i), the
Secretary may--
(I) carry out demonstration programs;
(II) award grants and provide incentives to
eligible entities;
(III) enter into partnerships with--
(aa) eligible entities;
(bb) private sector entities; and
(cc) National Laboratories; and
(IV) use any other tools, strategies, or methods
that will result in the effective use of data and
information for safety purposes.
(B) Tools and practices.--In carrying out subparagraph (A),
the Secretary, to the maximum extent practicable, shall--
(i) develop safety analysis tools for State and local
governments, with a particular focus on State and local
governments with limited capacity to perform safety
analysis;
(ii)(I) identify innovative State and local government
practices;
(II) incubate those practices for further development;
and
(III) replicate those practices nationwide; and
(iii) transfer to State and local governments the
results of the applied research carried out under that
subparagraph.
(C) Data sharing.--
(i) In general.--To inform the creation of information
useful for safety policy and decisionmaking, the Secretary
shall--
(I) encourage the sharing of data between and among
Federal, State, and local transportation agencies; and
(II) leverage data from private sector entities.
(ii) Goals.--The goals of the data-sharing activities
under clause (i) shall include--
(I) the creation of data ecosystems to reduce
barriers to the efficient integration and analysis of
relevant datasets for use by safety professionals; and
(II) the establishment of procedures adequate to
ensure sufficient security, privacy, and
confidentiality as needed to promote the sharing of
sensitive or proprietary data.
(iii) Management of data ecosystems.--A data ecosystem
described in clause (ii)(I) may be managed by--
(I) the Director of the Bureau of Transportation
Statistics;
(II) 1 or more trusted third parties, as determined
by the Secretary; or
(III) 1 or more other entities or partnerships
capable of securing, managing, and analyzing sensitive
or proprietary data.
(3) Plan.--
(A) In general.--The Safety Data Initiative shall be
carried out pursuant to a plan to be jointly established by--
(i) the Under Secretary of Transportation for Policy;
(ii) the Chief Information Officer of the Department;
(iii) the Administrator of the National Highway Traffic
Safety Administration;
(iv) the Administrator of the Federal Highway
Administration;
(v) the Administrator of the Federal Motor Carrier
Safety Administration;
(vi) the Administrator of the Federal Transit
Administration; and
(vii) the Administrator of the Federal Railroad
Administration.
(B) Requirement.--The plan established under subparagraph
(A) shall include details regarding the means by which tools
and innovations developed by projects carried out under the
Safety Data Initiative will be transferred to the appropriate
program of the Department for further implementation.
(C) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall direct the officials
described in clauses (i) through (vii) of subparagraph (A) to
establish, by a date determined by the Secretary, the plan
referred to in that subparagraph.
(4) Termination.--The Safety Data Initiative shall terminate on
the later of--
(A) the date that is 1 year after the date of enactment of
this Act; and
(B) the date on which the Secretary makes the direction to
officials described in paragraph (3)(C).
SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
(a) In General.--Chapter 1 of title 49, United States Code (as
amended by section 21101(a)), is amended by adding at the end the
following:
``Sec. 119. Advanced Research Projects Agency-Infrastructure
``(a) Definitions.--In this section:
``(1) ARPA-I.-- The term `ARPA-I' means the Advanced Research
Projects Agency-Infrastructure established by subsection (b).
``(2) Department.--The term `Department' means the Department
of Transportation.
``(3) Director.--The term `Director' means the Director of
ARPA-I appointed under subsection (d).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a unit of State or local government;
``(B) an institution of higher education;
``(C) a commercial entity;
``(D) a research foundation;
``(E) a trade or industry research collaborative;
``(F) a federally funded research and development center;
``(G) a research facility owned or funded by the
Department;
``(H) a collaborative that includes relevant international
entities; and
``(I) a consortia of 2 or more entities described in any of
subparagraphs (A) through (H).
``(5) Infrastructure.--
``(A) In general.--The term `infrastructure' means any
transportation method or facility that facilitates the transit
of goods or people within the United States (including
territories).
``(B) Inclusions.--The term `infrastructure' includes--
``(i) roads;
``(ii) highways;
``(iii) bridges;
``(iv) airports;
``(v) rail lines;
``(vi) harbors; and
``(vii) pipelines.
``(6) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(b) Establishment.--There is established within the Department an
agency, to be known as the `Advanced Research Projects Agency-
Infrastructure', to support the development of science and technology
solutions--
``(1) to overcome long-term challenges; and
``(2) to advance the state of the art for United States
transportation infrastructure.
``(c) Goals.--
``(1) In general.--The goals of ARPA-I shall be--
``(A) to advance the transportation infrastructure of the
United States by developing innovative science and technology
solutions that--
``(i) lower the long-term costs of infrastructure
development, including costs of planning, construction, and
maintenance;
``(ii) reduce the lifecycle impacts of transportation
infrastructure on the environment, including through the
reduction of greenhouse gas emissions;
``(iii) contribute significantly to improving the safe,
secure, and efficient movement of goods and people; and
``(iv) promote the resilience of infrastructure from
physical and cyber threats; and
``(B) to ensure that the United States is a global leader
in developing and deploying advanced transportation
infrastructure technologies and materials.
``(2) Research projects.--ARPA-I shall achieve the goals
described in paragraph (1) by providing assistance under this
section for infrastructure research projects that--
``(A) advance novel, early-stage research with practicable
application to transportation infrastructure;
``(B) translate techniques, processes, and technologies,
from the conceptual phase to prototype, testing, or
demonstration;
``(C) develop advanced manufacturing processes and
technologies for the domestic manufacturing of novel
transportation-related technologies; and
``(D) accelerate transformational technological advances in
areas in which industry entities are unlikely to carry out
projects due to technical and financial uncertainty.
``(d) Director.--
``(1) Appointment.--ARPA-I shall be headed by a Director, who
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Qualifications.--The Director shall be an individual who,
by reason of professional background and experience, is especially
qualified to advise the Secretary regarding, and manage research
programs addressing, matters relating to the development of science
and technology solutions to advance United States transportation
infrastructure.
``(3) Relationship to secretary.--The Director shall--
``(A) be located within the Office of the Assistant
Secretary for Research and Technology; and
``(B) report to the Secretary.
``(4) Relationship to other programs.--No other program within
the Department shall report to the Director.
``(5) Responsibilities.--The responsibilities of the Director
shall include--
``(A) approving new programs within ARPA-I;
``(B) developing funding criteria, and assessing the
success of programs, to achieve the goals described in
subsection (c)(1) through the establishment of technical
milestones;
``(C) administering available funding by providing to
eligible entities assistance to achieve the goals described in
subsection (c)(1);
``(D) terminating programs carried out under this section
that are not achieving the goals of the programs; and
``(E) establishing a process through which eligible
entities can submit to ARPA-I unsolicited research proposals
for assistance under this section in accordance with subsection
(f).
``(e) Personnel.--
``(1) In general.--The Director shall establish and maintain
within ARPA-I a staff with sufficient qualifications and expertise
to enable ARPA-I to carry out the responsibilities under this
section, in conjunction with other operations of the Department.
``(2) Program directors.--
``(A) In general.--The Director shall designate employees
to serve as program directors for ARPA-I.
``(B) Responsibilities.--Each program director shall be
responsible for--
``(i) establishing research and development goals for
the applicable program, including by convening workshops
and conferring with outside experts;
``(ii) publicizing the goals of the applicable program;
``(iii) soliciting applications for specific areas of
particular promise, especially in areas that the private
sector or the Federal Government are not likely to carry
out absent assistance from ARPA-I;
``(iv) establishing research collaborations for
carrying out the applicable program;
``(v) selecting on the basis of merit each project to
be supported under the applicable program, taking into
consideration--
``(I) the novelty and scientific and technical
merit of proposed projects;
``(II) the demonstrated capabilities of eligible
entities to successfully carry out proposed projects;
``(III) the extent to which an eligible entity took
into consideration future commercial applications of a
proposed project, including the feasibility of
partnering with 1 or more commercial entities; and
``(IV) such other criteria as the Director may
establish;
``(vi) identifying innovative cost-sharing arrangements
for projects carried out or funded by ARPA-I;
``(vii) monitoring the progress of projects supported
under the applicable program;
``(viii) identifying mechanisms for commercial
application of successful technology development projects,
including through establishment of partnerships between
eligible entities and commercial entities; and
``(ix) as applicable, recommending--
``(I) program restructuring; or
``(II) termination of applicable research
partnerships or projects.
``(C) Term of service.--A program director--
``(i) shall serve for a term of 3 years; and
``(ii) may be reappointed for any subsequent term of
service.
``(3) Hiring and management.--
``(A) In general.--The Director may--
``(i) make appointments of scientific, engineering, and
professional personnel, without regard to the civil service
laws;
``(ii) fix the basic pay of such personnel at such rate
as the Director may determine, but not to exceed level II
of the Executive Schedule, without regard to the civil
service laws; and
``(iii) pay an employee appointed under this
subparagraph payments in addition to basic pay, subject to
the condition that the total amount of those additional
payments for any 12-month period shall not exceed the least
of--
``(I) $25,000;
``(II) an amount equal to 25 percent of the annual
rate of basic pay of the employee; and
``(III) the amount of the applicable limitation for
a calendar year under section 5307(a)(1) of title 5.
``(B) Private recruiting firms.--The Director may enter
into a contract with a private recruiting firm for the hiring
of qualified technical staff to carry out this section.
``(C) Additional staff.--The Director may use all
authorities available to the Secretary to hire administrative,
financial, and clerical staff, as the Director determines to be
necessary to carry out this section.
``(f) Research Proposals.--
``(1) In general.--An eligible entity may submit to the
Director an unsolicited research proposal at such time, in such
manner, and containing such information as the Director may
require, including a description of--
``(A) the extent of current and prior efforts with respect
to the project proposed to be carried out using the assistance,
if applicable; and
``(B) any current or prior investments in the technology
area for which funding is requested, including as described in
subsection (c)(2)(D).
``(2) Review.--The Director--
``(A) shall review each unsolicited research proposal
submitted under paragraph (1), taking into consideration--
``(i) the novelty and scientific and technical merit of
the research proposal;
``(ii) the demonstrated capabilities of the applicant
to successfully carry out the research proposal;
``(iii) the extent to which the applicant took into
consideration future commercial applications of the
proposed research project, including the feasibility of
partnering with 1 or more commercial entities; and
``(iv) such other criteria as the Director may
establish;
``(B) may approve a research proposal if the Director
determines that the research--
``(i) is in accordance with--
``(I) the goals described in subsection (c)(1); or
``(II) an applicable transportation research and
development strategic plan developed under section
6503; and
``(ii) would not duplicate any other Federal research
being conducted or funded by another Federal agency; and
``(C)(i) if funding is denied for the research proposal,
shall provide to the eligible entity that submitted the
proposal a written notice of the denial that, as applicable--
``(I) explains why the research proposal was not
selected, including whether the research proposal fails to
cover an area of need; and
``(II) recommends that the research proposal be
submitted to another research program; or
``(ii) if the research proposal is approved for funding,
shall provide to the eligible entity that submitted the
proposal--
``(I) a written notice of the approval; and
``(II) assistance in accordance with subsection (g) for
the proposed research.
``(g) Forms of Assistance.--On approval of a research proposal of
an eligible entity, the Director may provide to the eligible entity
assistance in the form of--
``(1) a grant;
``(2) a contract;
``(3) a cooperative agreement;
``(4) a cash prize; or
``(5) another, similar form of funding.
``(h) Reports and Roadmaps.--
``(1) Annual reports.--For each fiscal year, the Director shall
provide to the Secretary, for inclusion in the budget request
submitted by the Secretary to the President under section 1108 of
title 31 for the fiscal year, a report that, with respect to the
preceding fiscal year, describes--
``(A) the projects that received assistance from ARPA-I,
including--
``(i) each such project that was funded as a result of
an unsolicited research proposal; and
``(ii) each such project that examines topics or
technologies closely related to other activities funded by
the Department, including an analysis of whether the
Director achieved compliance with subsection (i)(1) in
supporting the project; and
``(B) the instances of, and reasons for, the provision of
assistance under this section for any projects being carried
out by industry entities.
``(2) Strategic vision roadmap.--Not later than October 1,
2022, and not less frequently than once every 4 years thereafter,
the Director shall submit to the relevant authorizing and
appropriations committees of Congress a roadmap describing the
strategic vision that ARPA-I will use to guide the selection of
future projects for technology investment during the 4 fiscal-year
period beginning on the date of submission of the report.
``(i) Coordination and Nonduplication.--The Director shall ensure
that--
``(1) the activities of ARPA-I are coordinated with, and do not
duplicate the efforts of, programs and laboratories within--
``(A) the Department; and
``(B) other relevant research agencies; and
``(2) no funding is provided by ARPA-I for a project, unless
the eligible entity proposing the project--
``(A) demonstrates sufficient attempts to secure private
financing; or
``(B) indicates that the project is not independently
commercially viable.
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate technologies resulting from
activities funded through ARPA-I.
``(k) Partnerships.--The Director shall seek opportunities to enter
into contracts or partnerships with minority-serving institutions (as
described in any of paragraphs (1) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)))--
``(1) to accomplish the goals of ARPA-I;
``(2) to develop institutional capacity in advanced
transportation infrastructure technologies and materials;
``(3) to engage underserved populations in developing,
demonstrating, and deploying those technologies and materials; and
``(4) to otherwise address the needs of ARPA-I.
``(l) University Transportation Centers.--The Director may--
``(1) partner with university transportation centers under
section 5505 to accomplish the goals, and address the needs, of
ARPA-I; and
``(2) sponsor and select for funding, in accordance with
section 5505, competitively selected university transportation
center grants, in addition to the assistance provided under section
5505, to address targeted technology and material goals of ARPA-I.
``(m) Advice.--
``(1) Advisory committees.--The Director may seek advice
regarding any aspect of ARPA-I from--
``(A) an existing advisory committee, office, or other
group within the Department; and
``(B) a new advisory committee organized to support the
programs of ARPA-I by providing advice and assistance
regarding--
``(i) specific program tasks; or
``(ii) the overall direction of ARPA-I.
``(2) Additional sources.--In carrying out this section, the
Director may seek advice and review from--
``(A) the President's Council of Advisors on Science and
Technology;
``(B) the Advanced Research Projects Agency-Energy; and
``(C) any professional or scientific organization with
expertise relating to specific processes or technologies under
development by ARPA-I.
``(n) Evaluation.--
``(1) In general.--Not later than December 27, 2024, the
Secretary may enter into an arrangement with the National Academy
of Sciences under which the National Academy shall conduct an
evaluation of the achievement by ARPA-I of the goals described in
subsection (c)(1).
``(2) Inclusions.--The evaluation under paragraph (1) may
include--
``(A) a recommendation regarding whether ARPA-I should be
continued;
``(B) a recommendation regarding whether ARPA-I, or the
Department generally, should continue to allow entities to
submit unsolicited research proposals; and
``(C) a description of--
``(i) the lessons learned from the operation of ARPA-I;
and
``(ii) the manner in which those lessons may apply to
the operation of other programs of the Department.
``(3) Availability.--On completion of the evaluation under
paragraph (1), the evaluation shall be made available to--
``(A) Congress; and
``(B) the public.
``(o) Protection of Information.--
``(1) In general.--Each type of information described in
paragraph (2) that is collected by ARPA-I from eligible entities
shall be considered to be--
``(A) commercial and financial information obtained from a
person;
``(B) privileged or confidential; and
``(C) not subject to disclosure under section 552(b)(4) of
title 5.
``(2) Description of types of information.--The types of
information referred to in paragraph (1) are--
``(A) information relating to plans for commercialization
of technologies developed using assistance provided under this
section, including business plans, technology-to-market plans,
market studies, and cost and performance models;
``(B) information relating to investments provided to an
eligible entity from a third party (such as a venture capital
firm, a hedge fund, and a private equity firm), including any
percentage of ownership of an eligible entity provided in
return for such an investment;
``(C) information relating to additional financial support
that the eligible entity--
``(i) plans to invest, or has invested, in the
technology developed using assistance provided under this
section; or
``(ii) is seeking from a third party; and
``(D) information relating to revenue from the licensing or
sale of a new product or service resulting from research
conducted using assistance provided under this section.
``(p) Effect on Existing Authorities.--The authority provided by
this section--
``(1) shall be in addition to any existing authority provided
to the Secretary; and
``(2) shall not supersede or modify any other existing
authority.
``(q) Funding.--
``(1) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary such sums as are necessary to
carry out this section.
``(2) Separate budget and appropriation.--
``(A) Budget request.--The budget request for ARPA-I shall
be separate from the budget request of the remainder of the
Department.
``(B) Appropriations.--The funding appropriated for ARPA-I
shall be separate and distinct from the funding appropriated
for the remainder of the Department.
``(3) Allocation.--Of the amounts made available for a fiscal
year under paragraph (1)--
``(A) not less than 5 percent shall be used for technology
transfer and outreach activities--
``(i) in accordance with the goal described in
subsection (c)(2)(D); and
``(ii) within the responsibilities of the program
directors described in subsection (e)(2)(B)(viii); and
``(B) none may be used for the construction of any new
building or facility during the 5-year period beginning on the
date of enactment of the Surface Transportation Investment Act
of 2021.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code (as amended by section 21101(c)), is amended by
adding at the end the following:
``119. Advanced Research Projects Agency-Infrastructure.''.
SEC. 25013. OPEN RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5506. Advanced transportation research initiative
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State agency;
``(2) a local government agency;
``(3) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
including a university transportation center established under
section 5505;
``(4) a nonprofit organization, including a nonprofit research
organization; and
``(5) a private sector organization working in collaboration
with an entity described in any of paragraphs (1) through (4).
``(b) Pilot Program.--The Secretary of Transportation (referred to
in this section as the `Secretary') shall establish an advanced
transportation research pilot program under which the Secretary--
``(1) shall establish a process for eligible entities to submit
to the Secretary unsolicited research proposals; and
``(2) may enter into arrangements with 1 or more eligible
entities to fund research proposed under paragraph (1), in
accordance with this section.
``(c) Eligible Research.--The Secretary may enter into an
arrangement with an eligible entity under this section to fund research
that--
``(1) addresses--
``(A) a research need identified by--
``(i) the Secretary; or
``(ii) the Administrator of a modal administration of
the Department of Transportation; or
``(B) an issue that the Secretary determines to be
important; and
``(2) is not duplicative of--
``(A) any other Federal research project; or
``(B) any project for which funding is provided by another
Federal agency.
``(d) Project Review.--The Secretary shall--
``(1) review each research proposal submitted under the pilot
program established under subsection (b); and
``(2)(A) if funding is denied for the research proposal--
``(i) provide to the eligible entity that submitted the
proposal a written notice of the denial that, as applicable--
``(I) explains why the research proposal was not
selected, including whether the research proposal fails to
cover an area of need; and
``(II) recommends that the research proposal be
submitted to another research program; and
``(ii) if the Secretary recommends that the research
proposal be submitted to another research program under clause
(i)(II), provide guidance and direction to--
``(I) the eligible entity; and
``(II) the proposed research program office; or
``(B) if the research proposal is selected for funding--
``(i) provide to the eligible entity that submitted the
proposal a written notice of the selection; and
``(ii) seek to enter into an arrangement with the
eligible entity to provide funding for the proposed
research.
``(e) Coordination.--
``(1) In general.--The Secretary shall ensure that the
activities carried out under subsection (c) are coordinated with,
and do not duplicate the efforts of, programs of the Department of
Transportation and other Federal agencies.
``(2) Intraagency coordination.--The Secretary shall coordinate
the research carried out under this section with--
``(A) the research, education, and technology transfer
activities carried out by grant recipients under section 5505;
and
``(B) the research, development, demonstration, and
commercial application activities of other relevant programs of
the Department of Transportation, including all modal
administrations of the Department.
``(3) Interagency collaboration.--The Secretary shall
coordinate, as appropriate, regarding fundamental research with the
potential for application in the transportation sector with--
``(A) the Director of the Office of Science and Technology
Policy;
``(B) the Director of the National Science Foundation;
``(C) the Secretary of Energy;
``(D) the Director of the National Institute of Standards
and Technology;
``(E) the Secretary of Homeland Security;
``(F) the Administrator of the National Oceanic and
Atmospheric Administration;
``(G) the Secretary of Defense; and
``(H) the heads of other appropriate Federal agencies, as
determined by the Secretary.
``(f) Review, Evaluation, and Report.--Not less frequently than
biennially, in accordance with the plan developed under section 6503,
the Secretary shall--
``(1) review and evaluate the pilot program established under
subsection (b), including the research carried out under that pilot
program; and
``(2) make public on a website of the Department of
Transportation a report describing the review and evaluation under
paragraph (1).
``(g) Federal Share.--
``(1) In general.--The Federal share of the cost of an activity
carried out under this section shall not exceed 80 percent.
``(2) Non-federal share.--All costs directly incurred by the
non-Federal partners (including personnel, travel, facility, and
hardware development costs) shall be credited toward the non-
Federal share of the cost of an activity carried out under this
section.
``(h) Limitation on Certain Expenses.--Of any amounts made
available to carry out this section for a fiscal year, the Secretary
may use not more than 1.5 percent for coordination, evaluation, and
oversight activities under this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
55 of title 49, United States Code, is amended by adding at the end the
following:
``5506. Advanced transportation research initiative.''.
SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Not later than 180 days after the date of publication
of the Department of Transportation Strategic Plan and not less
frequently than once every 5 years thereafter, the Secretary'';
(2) in subsection (b), in the matter preceding paragraph (1),
by striking ``The strategic'' and inserting ``Each strategic'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``The strategic'' and inserting ``Each strategic''; and
(B) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end;
(ii) in subparagraph (F), by adding ``and'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(G) reducing transportation cybersecurity risks;'';
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``the strategic'' and inserting ``each strategic''; and
(B) in paragraph (4), by striking ``2016'' and inserting
``2021, and not less frequently than once every 5 years
thereafter''; and
(5) by striking subsection (e).
SEC. 25015. RESEARCH PLANNING MODIFICATIONS.
(a) Annual Modal Research Plans.--Section 6501 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Not later than June 1 of each year, the head
of each modal administration and joint program office of the
Department of Transportation shall prepare and submit to the
Assistant Secretary for Research and Technology of the Department
of Transportation (referred to in this chapter as the `Assistant
Secretary')--
``(A) a comprehensive annual modal research plan for the
following fiscal year; and
``(B) a detailed outlook for the fiscal year thereafter.'';
(B) in paragraph (2), by inserting ``prepared or'' before
``submitted'';
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following:
``(2) Requirements.--Each plan under paragraph (1) shall
include--
``(A) a general description of the strategic goals of the
Department that are addressed by the research programs being
carried out by the Assistant Secretary or modal administration,
as applicable;
``(B) a description of each proposed research program, as
described in the budget request submitted by the Secretary of
Transportation to the President under section 1108 of title 31
for the following fiscal year, including--
``(i) the major objectives of the program; and
``(ii) the requested amount of funding for each program
and area;
``(C) a list of activities the Assistant Secretary or modal
administration plans to carry out under the research programs
described in subparagraph (B);
``(D) an assessment of the potential impact of the research
programs described in subparagraph (B), including--
``(i) potential outputs, outcomes, and impacts on
technologies and practices used by entities subject to the
jurisdiction of the modal administration;
``(ii) potential effects on applicable regulations of
the modal administration, including the modification or
modernization of those regulations;
``(iii) potential economic or societal impacts; and
``(iv) progress made toward achieving strategic goals
of--
``(I) the applicable modal administration; or
``(II) the Department of Transportation;
``(E) a description of potential partnerships to be
established to conduct the research program, including
partnerships with--
``(i) institutions of higher education; and
``(ii) private sector entities; and
``(F) such other requirements as the Assistant Secretary
considers to be necessary.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
inserting ``by the head of a modal administration or joint
program office'' after ``submitted''; and
(ii) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) request that the plan and outlook be--
``(I) revised in accordance with such suggestions
as the Assistant Secretary shall include to ensure
conformity with the criteria described in paragraph
(2); and
``(II) resubmitted to the Assistant Secretary for
approval.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Criteria.--In conducting a review under paragraph (1)(A),
the Assistant Secretary shall, with respect to the modal research
plan that is the subject of the review--
``(A) take into consideration whether--
``(i) the plan contains research objectives that are
consistent with the strategic research and policy
objectives of the Department of Transportation included in
the strategic plan required under section 6503; and
``(ii) the research programs described in the plan have
the potential to benefit the safety, mobility, and
efficiency of the United States transportation system;
``(B) identify and evaluate any potential opportunities for
collaboration between or among modal administrations with
respect to particular research programs described in the plan;
``(C) identify and evaluate whether other modal
administrations may be better suited to carry out the research
programs described in the plan;
``(D) assess whether any projects described in the plan
are--
``(i) duplicative across modal administrations; or
``(ii) unnecessary; and
``(E) take into consideration such other criteria as the
Assistant Secretary determines to be necessary.''; and
(D) by adding at the end the following:
``(5) Savings clause.--Nothing in this subsection limits the
ability of the head of a modal administration to comply with
applicable law.''; and
(3) in subsection (c), in the matter preceding paragraph (1),
by striking ``subsection (b)(3)'' and inserting ``subsection
(b)(4).
(b) Consolidated Research Database.--Section 6502(a) of title 49,
United States Code, is amended by striking the subsection designation
and heading and all that follows through subparagraph (B) of paragraph
(2) and inserting the following:
``(a) Research Abstract Database.--
``(1) Submission.--Not later than September 1 of each year, the
head of each modal administration and joint program office of the
Department of Transportation shall submit to the Assistant
Secretary, for review and public posting, a description of each
proposed research project to be carried out during the following
fiscal year, including--
``(A) proposed funding for any new projects; and
``(B) proposed additional funding for any existing
projects.
``(2) Publication.--Not less frequently than annually, after
receiving the descriptions under paragraph (1), the Assistant
Secretary shall publish on a public website a comprehensive
database including a description of all research projects conducted
by the Department of Transportation, including research funded
through university transportation centers under section 5505.
``(3) Contents.--The database published under paragraph (2)
shall--
``(A) be delimited by research project; and
``(B) include a description of, with respect to each
research project--
``(i) research objectives;
``(ii) the progress made with respect to the project,
including whether the project is ongoing or complete;
``(iii) any outcomes of the project, including
potential implications for policy, regulations, or guidance
issued by a modal administration or the Department of
Transportation;
``(iv) any findings of the project;
``(v) the amount of funds allocated for the project;
and
``(vi) such other information as the Assistant
Secretary determines to be necessary to address
Departmental priorities and statutory mandates;''.
SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION RESEARCH.
(a) In General.--Chapter 65 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 6504. Incorporation of Department of Transportation research
``(a) Review.--Not later than December 31, 2021, and not less
frequently than once every 5 years thereafter, in concurrence with the
applicable strategic plan under section 6503, the Secretary of
Transportation shall--
``(1) conduct a review of research conducted by the Department
of Transportation; and
``(2) to the maximum extent practicable and appropriate,
identify modifications to laws, regulations, guidance, and other
policy documents to incorporate any innovations resulting from the
research described in paragraph (1) that have the potential to
improve the safety or efficiency of the United States
transportation system.
``(b) Requirements.--In conducting a review under subsection (a),
the Secretary of Transportation shall--
``(1) identify any innovative practices, materials, or
technologies that have demonstrable benefits to the transportation
system;
``(2) determine whether the practices, materials, or
technologies described in paragraph (1) require any statutory or
regulatory modifications for adoption; and
``(3)(A) if modifications are determined to be required under
paragraph (2), develop--
``(i) a proposal for those modifications; and
``(ii) a description of the manner in which any such
regulatory modifications would be--
``(I) incorporated into the Unified Regulatory Agenda;
or
``(II) adopted into existing regulations as soon as
practicable; or
``(B) if modifications are determined not to be required under
paragraph (2), develop a description of the means by which the
practices, materials, or technologies described in paragraph (1)
will otherwise be incorporated into Department of Transportation or
modal administration policy or guidance, including as part of the
Technology Transfer Program of the Office of the Assistant
Secretary for Research and Technology.
``(c) Report.--On completion of each review under subsection (a),
the Secretary of Transportation shall submit to the appropriate
committees of Congress a report describing, with respect to the period
covered by the report--
``(1) each new practice, material, or technology identified
under subsection (b)(1); and
``(2) any statutory or regulatory modification for the adoption
of such a practice, material, or technology that--
``(A) is determined to be required under subsection (b)(2);
or
``(B) was otherwise made during that period.''.
(b) Clerical Amendment.--The analysis for chapter 65 of title 49,
United States Code, is amended by adding at the end the following:
``6504. Incorporation of Department of Transportation research.''.
SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``of Transportation,
acting through the Assistant Secretary for Research and
Technology (referred to in this section as the `Secretary'),''
after ``The Secretary''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``multimodal''
after ``critical''; and
(ii) in subparagraph (C), by inserting ``with respect
to the matters described in subparagraphs (A) through (G)
of section 6503(c)(1)'' after ``transportation leaders'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by striking ``for each of the
transportation centers described under paragraphs (2), (3), and
(4) of subsection (c)'' and inserting ``as a lead institution
under this section, except as provided in subparagraph (B)'';
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``identified in
chapter 65'' and inserting ``described in subparagraphs (A)
through (G) of section 6503(c)(1)''; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ``the Assistant Secretary'' and all
that follows through ``modal administrations'' and
inserting ``the heads of the modal administrations of the
Department of Transportation,''; and
(C) in paragraph (5)(B), in the matter preceding clause
(i), by striking ``submit'' and all that follows through ``of
the Senate'' and inserting ``make available to the public on a
website of the Department of Transportation'';
(3) in subsection (c)(3)(E)--
(A) by inserting ``, including the cybersecurity
implications of technologies relating to connected vehicles,
connected infrastructure, and autonomous vehicles'' after
``autonomous vehicles''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--A regional university transportation
center receiving a grant under this paragraph shall carry
out research focusing on 1 or more of the matters described
in subparagraphs (A) through (G) of section 6503(c)(1).
``(ii) Focused objectives.--The Secretary''; and
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the paragraph heading, by striking ``Annual
review'' and inserting ``Review'';
(ii) in the matter preceding subparagraph (A), by
striking ``annually'' and inserting ``biennially''; and
(iii) in subparagraph (B), by striking ``submit'' and
all that follows through ``of the Senate'' and inserting
``make available to the public on a website of the
Department of Transportation''; and
(B) in paragraph (3), by striking ``2016 through 2020'' and
inserting ``2022 through 2026''.
SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.
(a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301
note; Public Law 114-94) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) though (G), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated)--
(A) by striking ``Not later than 3 years after the date of
enactment of this Act'' and inserting ``Not later than 180 days
after the date of enactment of the Surface Transportation
Investment Act of 2021''; and
(B) by striking ``plan that includes'' and inserting the
following: ``plan--
``(1) to develop an immediate-term and long-term strategy,
including policy recommendations across all modes of
transportation, for the Department and other agencies to use
infrastructure investments to revive the travel and tourism
industry and the overall travel and tourism economy in the wake of
the Coronavirus Disease 2019 (COVID-19) pandemic; and
``(2) that includes''; and
(3) in paragraph (2) (as so redesignated)--
(A) in subparagraph (A) (as so redesignated), by inserting
``, including consideration of the impacts of the COVID-19
pandemic'' after ``network'';
(B) in subparagraph (D) (as so redesignated), by inserting
``of regional significance'' after ``corridors'';
(C) in subparagraph (F) (as so redesignated), by striking
``and'' at the end;
(D) in subparagraph (G) (as so redesignated), by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(H) an identification of possible infrastructure
investments that create recovery opportunities for small,
underserved, minority, and rural businesses in the travel and
tourism industry, including efforts to preserve and protect the
scenic, but often less-traveled, roads that promote tourism and
economic development throughout the United States.''.
(b) Chief Travel and Tourism Officer.--Section 102 of title 49,
United States Code, is amended by striking subsection (i) (as
redesignated by section 25009(a)(3)) and inserting the following:
``(i) Chief Travel and Tourism Officer.--
``(1) Establishment.--There is established in the Office of the
Secretary of Transportation a position, to be known as the `Chief
Travel and Tourism Officer'.
``(2) Duties.--The Chief Travel and Tourism Officer shall
collaborate with the Assistant Secretary for Aviation and
International Affairs to carry out--
``(A) the National Travel and Tourism Infrastructure
Strategic Plan under section 1431(e) of Public Law 114-94 (49
U.S.C. 301 note); and
``(B) other travel- and tourism-related matters involving
the Department of Transportation.''.
SEC. 25019. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS.
(a) Authorization.--
(1) In general.--A recipient or subrecipient of a grant
provided by the Secretary under title 23 or 49, United States Code,
may implement a local or other geographical or economic hiring
preference relating to the use of labor for construction of a
project funded by the grant, including prehire agreements, subject
to any applicable State and local laws, policies, and procedures.
(2) Treatment.--The use of a local or other geographical or
economic hiring preference pursuant to paragraph (1) in any bid for
a contract for the construction of a project funded by a grant
described in paragraph (1) shall not be considered to unduly limit
competition.
(b) Workforce Diversity Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to Congress a
report describing methods--
(1) to ensure preapprenticeship programs are established and
implemented to meet the needs of employers in transportation and
transportation infrastructure construction industries, including
with respect to the formal connection of the preapprenticeship
programs to registered apprenticeship programs;
(2) to address barriers to employment (within the meaning of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.)) in transportation and transportation infrastructure
construction industries for--
(A) individuals who are former offenders (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102));
(B) individuals with a disability (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)); and
(C) individuals that represent populations that are
traditionally underrepresented in the workforce; and
(3) to encourage a recipient or subrecipient implementing a
local or other geographical or economic hiring preference pursuant
to subsection (a)(1) to establish, in coordination with nonprofit
organizations that represent employees, outreach and support
programs that increase diversity within the workforce, including
expanded participation from individuals described in subparagraphs
(A) through (C) of paragraph (2).
(c) Model Plan.--Not later than 1 year after the date of submission
of the report under subsection (b), the Secretary shall establish, and
publish on the website of the Department, a model plan for use by
States, units of local government, and private sector entities to
address the issues described in that subsection.
SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
(a) Assessment.--The Secretary shall enter into an arrangement with
the National Academy of Sciences under which the National Academy shall
develop and submit to the Secretary a workforce needs assessment that--
(1) addresses--
(A) the education and recruitment of technical workers for
the intelligent transportation technologies and systems
industry;
(B) the development of a workforce skilled in various types
of intelligent transportation technologies, components,
infrastructure, and equipment, including with respect to--
(i) installation;
(ii) maintenance;
(iii) manufacturing;
(iv) operations, including data analysis and review;
and
(v) cybersecurity; and
(C) barriers to employment in the intelligent
transportation technologies and systems industry for--
(i) individuals who are former offenders (as defined in
section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102));
(ii) individuals with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102)); and
(iii) individuals that represent populations that are
traditionally underrepresented in the workforce; and
(2) includes recommendations relating to the issues described
in paragraph (1).
(b) Working Group.--
(1) Establishment.--The Secretary shall establish a working
group, to be composed of--
(A) the Secretary of Energy;
(B) the Secretary of Labor; and
(C) the heads of such other Federal agencies as the
Secretary determines to be necessary.
(2) Implementation plan.--
(A) In general.--The working group established under
paragraph (1) shall develop an intelligent transportation
technologies and systems industry workforce development
implantation plan.
(B) Requirements.--The implementation plan under
subparagraph (A) shall address any issues and recommendations
included in the needs assessment under subsection (a), taking
into consideration a whole-of-government approach with respect
to--
(i) using registered apprenticeship and
preapprenticeship programs; and
(ii) re-skilling workers who may be interested in
working within the intelligent transportation technologies
and systems industry.
(3) Submission to congress.--Not later than 1 year after the
date of receipt of the needs assessment under subsection (a), the
Secretary shall submit to Congress the implementation plan
developed under paragraph (2).
(4) Termination.--The working group established under paragraph
(1) shall terminate on the date on which the implementation plan
developed under paragraph (2) is submitted to Congress under
paragraph (3).
(c) Transportation Workforce Outreach Program.--
(1) In general.--Subchapter I of chapter 55 of title 49, United
States Code (as amended by section 25013(a)), is amended by adding
at the end the following:
``Sec. 5507. Transportation workforce outreach program
``(a) In General.--The Secretary of Transportation (referred to in
this section as the `Secretary') shall establish and administer a
transportation workforce outreach program, under which the Secretary
shall carry out a series of public service announcement campaigns
during each of fiscal years 2022 through 2026.
``(b) Purposes.--The purpose of the campaigns carried out under the
program under this section shall be--
``(1) to increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, air traffic controllers,
flight attendants, truck and bus drivers, engineers, transit
workers, railroad workers, and other transportation professionals;
and
``(2) to target awareness of professional opportunities in the
transportation sector to diverse segments of the population,
including with respect to race, sex, ethnicity, ability (including
physical and mental ability), veteran status, and socioeconomic
status.
``(c) Advertising.--The Secretary may use, or authorize the use of,
amounts made available to carry out the program under this section for
the development, production, and use of broadcast, digital, and print
media advertising and outreach in carrying out a campaign under this
section.
``(d) Funding.--The Secretary may use to carry out this section any
amounts otherwise made available to the Secretary, not to exceed
$5,000,000, for each of fiscal years 2022 through 2026.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 55 of title 49, United States Code (as amended by section
25013(b)), is amended by adding at the end the following:
``5507. Transportation workforce outreach program.''.
SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.
(a) In General.--Section 5502 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
55 of title 49, United States Code, is amended by striking the item
relating to section 5502.
SEC. 25022. GAO CYBERSECURITY RECOMMENDATIONS.
(a) Cybersecurity Risk Management.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall implement the
recommendation for the Department made by the Comptroller General of
the United States in the report entitled ``Cybersecurity: Agencies Need
to Fully Establish Risk Management Programs and Address Challenges'',
numbered GAO-19-384, and dated July 2019--
(1) by developing a cybersecurity risk management strategy for
the systems and information of the Department;
(2) by updating policies to address an organization-wide risk
assessment; and
(3) by updating the processes for coordination between
cybersecurity risk management functions and enterprise risk
management functions.
(b) Work Roles.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall implement the recommendation of the
Comptroller General of the United States in the report entitled
``Cybersecurity Workforce: Agencies Need to Accurately Categorize
Positions to Effectively Identify Critical Staffing Needs'', numbered
GAO-19-144, and dated March 2019, by--
(1) reviewing positions in the Department; and
(2) assigning appropriate work roles in accordance with the
National Initiative for Cybersecurity Education Cybersecurity
Workforce Framework.
(c) GAO Review.--
(1) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
examines the approach of the Department to managing cybersecurity
for the systems and information of the Department.
(2) Contents.--The report under paragraph (1) shall include an
evaluation of--
(A) the roles, responsibilities, and reporting
relationships of the senior officials of the Department with
respect to cybersecurity at the components of the Department;
(B) the extent to which officials of the Department--
(i) establish requirements for, share information with,
provide resources to, and monitor the performance of
managers with respect to cybersecurity within the
components of the Department; and
(ii) hold managers accountable for cybersecurity within
the components of the Department; and
(C) other aspects of cybersecurity, as the Comptroller
General of the United States determines to be appropriate.
SEC. 25023. VOLPE OVERSIGHT.
(a) Financial Management.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement the
recommendations of the Inspector General of the Department included in
the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs
With Volpe'' and dated September 30, 2019, to improve planning,
financial management, and the sharing of performance information with
respect to intraagency agreements with the John A. Volpe National
Transportation Systems Center (referred to in this section as the
``Volpe Center'').
(b) GAO Review.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
examines the surface transportation activities at the Volpe Center.
(2) Contents.--The report under paragraph (1) shall include an
evaluation of--
(A) the amount of Department funding provided to the Volpe
Center, as compared to other Federal and non-Federal research
partners;
(B) the process used by the Department to determine whether
to work with the Volpe Center, as compared to any other Federal
or non-Federal research partner;
(C) the extent to which the Department is collaborating
with the Volpe Center to address research needs relating to
emerging issues; and
(D) whether the operation of the Volpe Center is
duplicative of other public or private sector efforts.
SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
59) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) developing and implementing programs, public outreach,
and training to reduce the impact of traffic stops described in
subsection (a)(1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Maximum Amount.--The total amount provided to a State under
this section in any fiscal year may not exceed--
``(1) for a State described in subsection (a)(1), 10 percent of
the amount made available to carry out this section in that fiscal
year; and
``(2) for a State described in subsection (a)(2), 5 percent of
the amount made available to carry out this section in that fiscal
year.''; and
(3) in subsection (d)--
(A) by striking ``$7,500,000 for each of fiscal years 2017
through 2020'' and inserting ``$11,500,000 for each fiscal
year'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Technical assistance.--The Secretary may allocate not
more than 10 percent of the amount made available to carry out this
section in a fiscal year to provide technical assistance to States
to carry out activities under this section.''.
SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in consultation with the heads of appropriate Federal
agencies, State highway safety offices, State toxicologists, traffic
safety advocates, and other interested parties, shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that, in accordance with the document entitled
``Recommendations for Toxicological Investigations of Drug-Impaired
Driving and Motor Vehicle Fatalities--2017 Update'' (and subsequent
updates to that document)--
(1) identifies any barriers that States encounter in submitting
alcohol and drug toxicology results to the Fatality Analysis
Reporting System;
(2) provides recommendations on how to address the barriers
identified pursuant to paragraph (1); and
(3) describes steps that the Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, will take to assist States in improving--
(A) toxicology testing in cases of motor vehicle crashes;
and
(B) the reporting of alcohol and drug toxicology results in
cases of motor vehicle crashes.
SEC. 25026. REPORT ON MARIJUANA RESEARCH.
(a) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given the term in section 4008(d) of the
FAST Act (Public Law 114-94; 129 Stat. 1511).
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the Attorney General and
the Secretary of Health and Human Services, shall submit to the
Committees on Commerce, Science, and Transportation and the Judiciary
of the Senate and the Committees on Transportation and Infrastructure
and the Judiciary of the House of Representatives, and make publicly
available on the website of the Department, a report that--
(1) describes methods for, and contains recommendations with
respect to--
(A) increasing and improving, for scientific researchers
studying impairment while driving under the influence of
marijuana, access to samples and strains of marijuana and
products containing marijuana that are lawfully available to
patients or consumers in a State on a retail basis;
(B) establishing a national clearinghouse to collect and
distribute samples and strains of marijuana for scientific
research that includes marijuana and products containing
marijuana lawfully available to patients or consumers in a
State on a retail basis; and
(C) facilitating, for scientific researchers located in
States that have not legalized marijuana for medical or
recreational use, access to samples and strains of marijuana
and products containing marijuana from the clearinghouse
described in subparagraph (B) for purposes of research on
marijuana-impaired driving; and
(2) identifies, and contains recommendations for addressing,
Federal statutory and regulatory barriers to--
(A) the conduct of scientific research on marijuana-
impaired driving; and
(B) the establishment of a national clearinghouse for
purposes of facilitating research on marijuana-impaired
driving.
SEC. 25027. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall carry out, and submit to
Congress a report describing the results of, a study on the potential
societal benefits of improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
SEC. 26001. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $67,000,000 for fiscal year 2022;
``(2) $68,000,000 for fiscal year 2023;
``(3) $69,000,000 for fiscal year 2024;
``(4) $70,000,000 for fiscal year 2025; and
``(5) $71,000,000 for fiscal year 2026.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Preparedness Fund established under section
5116(h), the Secretary may expend, for each of fiscal years 2022
through 2026--
``(1) $39,050,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency Response
Guidebook under section 5116(h)(3); and
``(4) $2,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $5,000,000 for each of fiscal years
2022 through 2026 to carry out section 5107(e).
``(d) Community Safety Grants.--Of the amounts made available under
subsection (a) to carry out this chapter, the Secretary shall withhold
$4,000,000 for each of fiscal years 2022 through 2026 to carry out
section 5107(i).
``(e) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs in
providing training to the State, Indian tribe, authority or entity.
``(2) Availability of amounts.--Amounts made available under
this section shall remain available until expended.''.
SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT
PROGRAM.
Section 5116 of title 49, United States Code, is amended--
(1) in subsection (j), in the second sentence of the matter
preceding paragraph (1), by striking ``subsection (i)'' and
inserting ``subsections (i) and (j)'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Alert Grant Program.--
``(1) Assistance for local emergency response training.--The
Secretary shall establish a grant program to make grants to
eligible entities described in paragraph (2)--
``(A) to develop a hazardous materials response training
curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol, and
other flammable liquids by rail, consistent with the standards
of the National Fire Protection Association; and
``(B) to make the training described in subparagraph (A)
available in an electronic format.
``(2) Eligible entities.--An eligible entity referred to in
paragraph (1) is a nonprofit organization that--
``(A) represents first responders or public officials
responsible for coordinating disaster response; and
``(B) is able to provide direct or web-based training to
individuals responsible for responding to accidents and
incidents involving hazardous materials.
``(3) Funding.--
``(A) In general.--To carry out the grant program under
paragraph (1), the Secretary may use, for each fiscal year, any
amounts recovered during such fiscal year from grants awarded
under this section during a prior fiscal year.
``(B) Other hazardous material training activities.--For
each fiscal year, after providing grants under paragraph (1),
if funds remain available, the Secretary may use the amounts
described in subparagraph (A)--
``(i) to make grants under--
``(I) subsection (a)(1)(C);
``(II) subsection (i); and
``(III) section 5107(e);
``(ii) to conduct monitoring and provide technical
assistance under subsection (e);
``(iii) to publish and distribute the emergency
response guide referred to in subsection (h)(3); and
``(iv) to pay administrative costs in accordance with
subsection (h)(4).
``(C) Obligation limitation.--Notwithstanding any other
provision of law, for each fiscal year, amounts described in
subparagraph (A) shall not be included in the obligation
limitation for the Hazardous Materials Emergency Preparedness
grant program for that fiscal year.''.
SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
94) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``1
year after the date of enactment of this Act'' and inserting
``December 5, 2022'';
(B) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to provide the electronic train consist information
described in subparagraph (A) to authorized State and local
first responders, emergency response officials, and law
enforcement personnel that are involved in the response to, or
investigation of, an accident, incident, or public health or
safety emergency involving the rail transportation of hazardous
materials;'';
(C) by striking paragraph (2);
(D) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively; and
(E) in paragraph (3), as redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (2)'';
(2) in subsection (b)--
(A) by striking paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3), (5), (6), and (7)
as paragraphs (1), (2), (3), (4), and (5), respectively; and
(3) in subsection (c), by striking ``, as described in
subsection (a)(1)(B),''.
TITLE VII--GENERAL PROVISIONS
SEC. 27001. PERFORMANCE MEASUREMENT, TRANSPARENCY, AND ACCOUNTABILITY.
For each grant awarded under this Act, or an amendment made by
this Act, the Secretary may--
(1) develop metrics to assess the effectiveness of the
activities funded by the grant;
(2) establish standards for the performance of the activities
funded by the grant that are based on the metrics developed under
paragraph (1); and
(3) not later than the date that is 4 years after the date of
the initial award of the grant and every 2 years thereafter until
the date on which Federal financial assistance is discontinued for
the applicable activity, conduct an assessment of the activity
funded by the grant to confirm whether the performance is meeting
the standards for performance established under paragraph (2).
SEC. 27002. COORDINATION REGARDING FORCED LABOR.
The Secretary shall coordinate with the Commissioner of U.S.
Customs and Border Protection to ensure that no illegal products or
materials produced with forced labor are procured with funding made
available under this Act.
SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
(a) Audit and Report.--Not later than 18 months after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information and the Secretary shall jointly--
(1) conduct an audit of the electromagnetic spectrum that is
assigned or otherwise allocated to the Department as of the date of
the audit; and
(2) submit to Congress, and make available to each Member of
Congress upon request, a report containing the results of the audit
conducted under paragraph (1).
(b) Contents of Report.--The Assistant Secretary of Commerce for
Communications and Information and the Secretary shall include in the
report submitted under subsection (a)(2), with respect to the
electromagnetic spectrum that is assigned or otherwise allocated to the
Department as of the date of the audit--
(1) each particular band of spectrum being used by the
Department;
(2) a description of each purpose for which a particular band
described in paragraph (1) is being used, and how much of the band
is being used for that purpose;
(3) the State or other geographic area in which a particular
band described in paragraph (1) is assigned or allocated for use;
(4) whether a particular band described in paragraph (1) is
used exclusively by the Department or shared with another Federal
entity or a non-Federal entity; and
(5) any portion of the spectrum that is not being used by the
Department.
(c) Form of Report.--The report required under subsection (a)(2)
shall be submitted in unclassified form but may include a classified
annex.
SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES OF
THE DEPARTMENT.
(a) Study.--
(1) In general.--The Secretary shall conduct a study (referred
to in this section as the ``study'') on the travel and tourism
activities within the Department.
(2) Requirement.--The study shall evaluate how the Department
evaluates travel and tourism needs or criteria in considering
applications for grants under the grant programs of the Department.
(b) Report of the Secretary.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study, which shall
include--
(1) an identification of how the Department currently evaluates
travel and tourism needs or criteria in considering applications
for grants under the grant programs of the Department;
(2) a description of any actions that the Department will take
to improve the evaluation of tourism- and travel-related criteria
in considering applications for grants under those grant programs;
and
(3) recommendations as to any statutory or regulatory changes
that may be required to enhance the consideration by the Department
of travel and tourism needs or criteria in considering applications
for grants under those grant programs.
(c) GAO Assessment and Report.--
(1) Assessment.--The Comptroller General of the United States
shall conduct an assessment of the existing resources of the
Department used to conduct travel- and tourism-related activities,
including the consideration of travel and tourism needs or criteria
in considering applications for grants under the grant programs of
the Department, in order to identify--
(A) any resources needed by the Department; and
(B) any barriers to carrying out those activities.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
assessment conducted under paragraph (1), which shall include--
(A) recommendations for improving the evaluation and
consideration by the Department of travel and tourism with
respect to the discretionary grant programs of the Department;
(B) an assessment of the resources needed to carry out the
tourism- and travel-related activities of the Department;
(C) an assessment of any barriers to carrying out
activities relating to travel and tourism; and
(D) recommendations for improving the ability of the
Department to carry out activities relating to travel and
tourism, which may include proposed statutory or regulatory
changes that may be needed to facilitate those activities.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY.
(a) Division of Annual Appropriations.--
(1) In general.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(A) in subsection (a), by striking ``2021'' and inserting
``2026'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``2021'' and
inserting ``2026''; and
(II) by striking subparagraph (B) and inserting the
following:
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for the fiscal year that includes the date of
enactment of the Surface Transportation Reauthorization Act
of 2021, the sum obtained by adding--
``(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(II) $979,500; and
``(ii) for each fiscal year thereafter, the sum
obtained by adding--
``(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(II) the product obtained by multiplying--
``(aa) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor.''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by striking ``2016 through
2021'' and inserting ``2022 through 2026''; and
(II) by striking subparagraph (B) and inserting the
following:
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for fiscal year 2022, $12,786,434; and
``(ii) for fiscal year 2023 and each fiscal year
thereafter, the sum obtained by adding--
``(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(II) the product obtained by multiplying--
``(aa) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor.''; and
(C) in subsection (e)(2), by striking ``$900,000'' and
inserting ``$1,300,000''.
(2) Administration.--Section 9(a) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) personnel costs of employees for the work hours of each
employee spent directly administering this Act, as those hours are
certified by the supervisor of the employee;'';
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by striking
``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
(D) in paragraph (4)(B) (as so redesignated), by striking
``full-time equivalent employee authorized under paragraphs (1)
and (2)'' and inserting ``employee authorized under paragraph
(1)'';
(E) in paragraph (8)(A) (as so redesignated), by striking
``on a full-time basis''; and
(F) in paragraph (10) (as so redesignated)--
(i) by inserting ``or part-time'' after ``full-time'';
and
(ii) by inserting ``, subject to the condition that the
percentage of the relocation expenses paid with funds made
available pursuant to this Act may not exceed the
percentage of the work hours of the employee that are spent
administering this Act'' after ``incurred''.
(3) Other activities.--Section 14(e) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding
at the end the following:
``(3) A portion, as determined by the Sport Fishing and Boating
Partnership Council, of funds disbursed for the purposes described
in paragraph (2) but remaining unobligated as of October 1, 2021,
shall be used to study the impact of derelict vessels and identify
recyclable solutions for recreational vessels.''.
(4) Recreational boating safety.--Section 13107(c)(2) of title
46, United States Code, is amended by striking ``No funds
available'' and inserting ``On or after October 1, 2024, no funds
available''.
(b) Wildlife Restoration Fund Administration.--
(1) Allocation and apportionment of available amounts.--Section
4(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)) is amended--
(A) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for the fiscal year that includes the date of
enactment of the Surface Transportation Reauthorization Act
of 2021, the sum obtained by adding--
``(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(II) $979,500; and
``(ii) for each fiscal year thereafter, the sum
obtained by adding--
``(I) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(II) the product obtained by multiplying--
``(aa) the available amount specified in this
subparagraph for the preceding fiscal year; and
``(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``subsequent''
before ``fiscal year.''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Apportionment of unobligated amounts.--
``(i) In general.--Not later than 60 days after the end
of a fiscal year, the Secretary of the Interior shall
apportion among the States any of the available amount
under paragraph (1) that remained available for obligation
pursuant to subparagraph (A) during that fiscal year and
remains unobligated at the end of that fiscal year.
``(ii) Requirement.--The available amount apportioned
under clause (i) shall be apportioned on the same basis and
in the same manner as other amounts made available under
this Act were apportioned among the States for the fiscal
year in which the amount was originally made available.''.
(2) Authorized expenses for administration.--Section 9(a) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a))
is amended--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) personnel costs of employees for the work hours of each
employee spent directly administering this Act, as those hours are
certified by the supervisor of the employee;'';
(B) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(C) in paragraph (2) (as so redesignated), by striking
``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
(D) in paragraph (4)(B) (as so redesignated), by striking
``full-time equivalent employee authorized under paragraphs (1)
and (2)'' and inserting ``employee authorized under paragraph
(1)'';
(E) in paragraph (8)(A) (as so redesignated), by striking
``on a full-time basis''; and
(F) in paragraph (10) (as so redesignated)--
(i) by inserting ``or part-time'' after ``full-time'';
and
(ii) by inserting ``, subject to the condition that the
percentage of the relocation expenses paid with funds made
available pursuant to this Act may not exceed the
percentage of the work hours of the employee that are spent
administering this Act'' after ``incurred''.
(c) Recreational Boating Access.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Sport Fishing and Boating Partnership Council,
the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate a report
that, to the extent practicable, given available data, shall
document--
(A) the use of nonmotorized vessels in each State and how
the increased use of nonmotorized vessels is impacting
motorized and nonmotorized vessel access;
(B) user conflicts at waterway access points; and
(C) the use of--
(i) Sport Fish Restoration Program funds to improve
nonmotorized access at waterway entry points and the
reasons for providing that access; and
(ii) Recreational Boating Safety Program funds for
nonmotorized boating safety programs.
(2) Consultation.--The Comptroller General of the United States
shall consult with the Sport Fishing and Boating Partnership
Council and the National Boating Safety Advisory Council on study
design, scope, and priorities for the report under paragraph (1).
(d) Sport Fishing and Boating Partnership Council.--
(1) In general.--The Sport Fishing and Boating Partnership
Council established by the Secretary of the Interior shall be an
advisory committee of the Department of the Interior and the
Department of Commerce subject to the Federal Advisory Committee
Act (5 U.S.C. App.).
(2) FACA.-- The Secretary of the Interior and the Secretary of
Commerce shall jointly carry out the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.) with respect to the Sport
Fishing and Boating Partnership Council described in paragraph (1).
(3) Effective date.--This subsection shall take effect on
January 1, 2023.
DIVISION C--TRANSIT
SEC. 30001. DEFINITIONS.
(a) In General.--Section 5302 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (24) as paragraphs
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
(14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
and (25), respectively; and
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Assault on a transit worker.--The term `assault on a
transit worker' means a circumstance in which an individual
knowingly, without lawful authority or permission, and with intent
to endanger the safety of any individual, or with a reckless
disregard for the safety of human life, interferes with, disables,
or incapacitates a transit worker while the transit worker is
performing the duties of the transit worker.''; and
(3) in subparagraph (G) of paragraph (4) (as so redesignated)--
(A) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively;
(B) by inserting after clause (iii) the following:
``(iv) provides that if equipment to fuel privately
owned zero-emission passenger vehicles is installed, the
recipient of assistance under this chapter shall collect
fees from users of the equipment in order to recover the
costs of construction, maintenance, and operation of the
equipment;'';
(C) in clause (vi) (as so redesignated)--
(i) in subclause (XIII), by striking ``and'' at the
end;
(ii) in subclause (XIV), by adding ``and'' after the
semicolon; and
(iii) by adding at the end the following:
``(XV) technology to fuel a zero-emission
vehicle;''.
(b) Conforming Amendments.--
(1) Section 601(a)(12)(E) of title 23, United States Code, is
amended by striking ``section 5302(3)(G)(v)'' and inserting
``section 5302(4)(G)(v)''.
(2) Section 5323(e)(3) of title 49, United States Code, is
amended by striking ``section 5302(3)(J)'' and inserting ``section
5302(4)(J)''.
(3) Section 5336(e) of title 49, United States Code, is amended
by striking ``, as defined in section 5302(4)''.
(4) Section 28501(4) of title 49, United States Code, is
amended by striking ``section 5302(a)(6)'' and inserting ``section
5302''.
SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 5303 of title 49, United States Code, is
amended--
(1) in subsection (a)(1), by inserting ``and better connect
housing and employment'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,'' after
``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
``(iii) assumed distribution of population and
housing;''; and
(B) in paragraph (6)(A), by inserting ``affordable housing
organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section may address the integration
of housing, transportation, and economic development strategies
through a process that provides for effective integration,
based on a cooperatively developed and implemented strategy, of
new and existing transportation facilities eligible for funding
under this chapter and title 23.
``(B) Coordination in integrated planning process.--In
carrying out the process described in subparagraph (A), a
metropolitan planning organization may--
``(i) consult with--
``(I) State and local entities responsible for land
use, economic development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or private
entities; and
``(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals of
the process with the goals of any comprehensive housing
affordability strategies established within the
metropolitan planning area pursuant to section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) and plans developed under section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning organization
serving a transportation management area may develop a
housing coordination plan that includes projects and
strategies that may be considered in the metropolitan
transportation plan of the metropolitan planning
organization.
``(ii) Contents.--A plan described in clause (i) may--
``(I) develop regional goals for the integration of
housing, transportation, and economic development
strategies to--
``(aa) better connect housing and employment
while mitigating commuting times;
``(bb) align transportation improvements with
housing needs, such as housing supply shortages,
and proposed housing development;
``(cc) align planning for housing and
transportation to address needs in relationship to
household incomes within the metropolitan planning
area;
``(dd) expand housing and economic development
within the catchment areas of existing
transportation facilities and public transportation
services when appropriate, including higher-density
development, as locally determined;
``(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development and
economic development;
``(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
``(II) identify the location of existing and
planned housing and employment, and transportation
options that connect housing and employment; and
``(III) include a comparison of transportation
plans to land use management plans, including zoning
plans, that may affect road use, public transportation
ridership and housing development.''.
(b) Additional Consideration and Coordination.--Section 5303 of
title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning
organization, the metropolitan planning organization shall
consider the equitable and proportional representation of the
population of the metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan planning
area'' and inserting ``an existing urbanized area (as
defined by the Bureau of the Census)''; and
(ii) by striking ``the existing metropolitan planning
area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan area''
and inserting ``an urbanized area (as defined by the Bureau of
the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between mpos.--If more than 1 metropolitan
planning organization is designated within an urbanized area (as
defined by the Bureau of the Census) under subsection (d)(7), the
metropolitan planning organizations designated within the area
shall ensure, to the maximum extent practicable, the consistency of
any data used in the planning process, including information used
in forecasting travel demand.
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including a
unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the following:
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``section 104(b)(5)'' and
inserting ``section 104(b)(6)''.
SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) Technical Amendments.--Section 5304 of title 49, United States
Code, is amended--
(1) in subsection (e), in the matter preceding paragraph (1),
by striking the quotation marks before ``In''; and
(2) in subsection (i), by striking ``this this'' and inserting
``this''.
(b) Use of Technology.--Section 5304(f)(3) of title 49, United
States Code, is amended by adding at the end the following:
``(C) Use of technology.--A State may use social media and
other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
SEC. 30004. PLANNING PROGRAMS.
Section 5305 of title 49, United States Code, is amended--
(1) in subsection (e)(1)(A), in the matter preceding clause
(i), by striking ``this section and section'' and inserting ``this
section and sections''; and
(2) by striking subsection (f) and inserting the following:
``(f) Government Share of Costs.--
``(1) In general.--Except as provided in paragraph (2), the
Government share of the cost of an activity funded using amounts
made available under this section may not exceed 80 percent of the
cost of the activity unless the Secretary determines that it is in
the interests of the Government--
``(A) not to require a State or local match; or
``(B) to allow a Government share greater than 80 percent.
``(2) Certain activities.--
``(A) In general.--The Government share of the cost of an
activity funded using amounts made available under this section
shall be not less than 90 percent for an activity that assists
parts of an urbanized area or rural area with lower population
density or lower average income levels compared to--
``(i) the applicable urbanized area;
``(ii) the applicable rural area;
``(iii) an adjoining urbanized area; or
``(iv) an adjoining rural area.
``(B) Report.--A State or metropolitan planning
organization that carries out an activity described in
subparagraph (A) with an increased Government share described
in that subparagraph shall report to the Secretary, in a form
as determined by the Secretary, how the increased Government
share for transportation planning activities benefits commuting
and other essential travel in parts of the applicable urbanized
area or rural area described in subparagraph (A) with lower
population density or lower average income levels.''.
SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph (6); and
(C) in paragraph (6) (as so redesignated)--
(i) in subparagraph (A), by striking ``$100,000,000''
and inserting ``$150,000,000''; and
(ii) in subparagraph (B), by striking ``$300,000,000''
and inserting ``$400,000,000'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)(iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the applicant has made progress toward meeting the
performance targets in section 5326(c)(2).'';
(3) in subsection (e)(2)(A)(iii)(II), by striking ``the next 5
years'' and inserting ``the next 10 years, without regard to any
temporary measures employed by the applicant expected to increase
short-term capacity within the next 10 years'';
(4) in subsection (g)--
(A) in paragraph (3)(A), by striking ``exceed'' and all
that follows through ``50 percent'' and inserting ``exceed 50
percent'';
(B) by redesignating paragraph (7) as paragraph (8); and
(C) by inserting after paragraph (6) the following:
``(7) Project re-entry.--In carrying out ratings and
evaluations under this subsection, the Secretary shall provide full
and fair consideration to projects that seek an updated rating
after a period of inactivity following an earlier rating and
evaluation.'';
(5) in subsection (i), by striking paragraphs (1) through (8)
and inserting the following:
``(1) Future bundling.--
``(A) Definition.--In this paragraph, the term `future
bundling request' means a letter described in subparagraph (B)
that requests future funding for additional projects.
``(B) Request.--When an applicant submits a letter to the
Secretary requesting entry of a project into the project
development phase under subsection (d)(1)(A)(i)(I),
(e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include
a description of other projects for consideration for future
funding under this section. An applicant shall include in the
request the amount of funding requested under this section for
each additional project and the estimated capital cost of each
project.
``(C) Readiness.--Other projects included in the request
shall be ready to enter the project development phase under
subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years
of the initial project submitted as part of the request.
``(D) Planning.--Projects in the future bundling request
shall be included in the metropolitan transportation plan in
accordance with section 5303(i).
``(E) Project sponsor.--The applicant that submits a future
bundling request shall be the project sponsor for each project
included in the request.
``(F) Program and project share.--A future bundling request
submitted under this paragraph shall include a proposed share
of each of the request's projects that is consistent with the
requirements of subsections (k)(2)(C)(ii) or (h)(7), as
applicable.
``(G) Benefits.--The bundling of projects under this
subsection--
``(i) shall enhance, or increase the capacity of--
``(I) the total transportation system of the
applicant; or
``(II) the transportation system of the region the
applicant serves (which, in the case of a State whose
request addresses a single region, means that region);
and
``(ii) shall--
``(I) streamline procurements for the applicant; or
``(II) enable time or cost savings for the
projects.
``(H) Evaluation.--Each project submitted for consideration
for funding in a future bundling request shall be subject to
the applicable evaluation criteria under this section for the
project type, including demonstrating the availability of local
resources to recapitalize, maintain, and operate the overall
existing and proposed public transportation system pursuant to
subsection (f)(1)(C).
``(I) Letter of intent.--
``(i) In general.--Upon entering into a grant agreement
for the initial project for which an applicant submits a
future bundling request, the Secretary may issue a letter
of intent to the applicant that announces an intention to
obligate, for 1 or more additional projects included in the
request, an amount from future available budget authority
specified in law that is not more than the amount
stipulated as the financial participation of the Secretary
in the additional project or projects in the future
bundling. Such letter may include a condition that the
project or projects must meet the evaluation criteria in
this subsection before a grant agreement can be executed.
``(ii) Amount.--The amount that the Secretary announces
an intention to obligate for an additional project in the
future bundling request through a letter of intent issued
under clause (i) shall be sufficient to complete at least
an operable segment of the project.
``(iii) Treatment.--The issuance of a letter of intent
under clause (i) shall not be deemed to be an obligation
under sections 1108(c), 1501, and 1502(a) of title 31 or an
administrative commitment.
``(2) Immediate bundling.--
``(A) Definition.--In this paragraph, the term `immediate
bundling request' means a letter described in subparagraph (B)
that requests immediate funding for multiple projects.
``(B) Request.--An applicant may submit a letter to the
Secretary requesting entry of multiple projects into the
project development phase under subsection (d)(1)(A)(i)(I),
(e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for
funding under this section. An applicant shall include in the
request the amount of funding requested under this section for
each additional project and the estimated capital cost of each
project.
``(C) Readiness.--Projects included in the request must be
ready to enter the project development phase under subsection
(d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time.
``(D) Planning.--Projects in the bundle shall be included
in the metropolitan transportation plan in accordance with
section 5303(i).
``(E) Project sponsor.--The applicant that submits an
immediate bundling request shall be the project sponsor for
each project included in the request.
``(F) Program and project share.--An immediate bundling
request submitted under this subsection shall include a
proposed share of each of the request's projects that is
consistent with the requirements of subsections (k)(2)(C)(ii)
or (h)(7), as applicable.
``(G) Benefits.--The bundling of projects under this
subsection--
``(i) shall enhance, or increase the capacity of--
``(I) the total transportation system of the
applicant; or
``(II) the transportation system of the region the
applicant serves (which, in the case of a State whose
request addresses a single region, means that region);
and
``(ii) shall--
``(I) streamline procurements for the applicant; or
``(II) enable time or cost savings for the
projects.
``(H) Evaluation.--A project submitted for consideration
for immediate funding in an immediate bundling request shall be
subject to the applicable evaluation criteria under this
section for the project type, including demonstrating the
availability of local resources to recapitalize, maintain, and
operate the overall existing and proposed public transportation
system pursuant to subsection (f)(1)(C).
``(I) Letter of intent or single grant agreement.--
``(i) In general.--Upon entering into a grant agreement
for the initial project for which an applicant submits a
request, the Secretary may issue a letter of intent or
single, combined grant agreement to the applicant.
``(ii) Letter of intent.--
``(I) In general.--A letter of intent announces an
intention to obligate, for 1 or more additional
projects included in the request, an amount from future
available budget authority specified in law that is not
more than the amount stipulated as the financial
participation of the Secretary in the additional
project or projects. Such letter may include a
condition that the project or projects must meet the
evaluation criteria in this subsection before a grant
agreement can be executed.
``(II) Amount.--The amount that the Secretary
announces an intention to obligate for an additional
project in a letter of intent issued under clause (i)
shall be sufficient to complete at least an operable
segment of the project.
``(III) Treatment.--The issuance of a letter of
intent under clause (i) shall not be deemed to be an
obligation under sections 1108(c), 1501, and 1502(a) of
title 31 or an administrative commitment.
``(3) Evaluation criteria.--When the Secretary issues rules or
policy guidance under this section, the Secretary may request
comment from the public regarding potential changes to the
evaluation criteria for project justification and local financial
commitment under subsections (d), (e), (f), and (h) for the
purposes of streamlining the evaluation process for projects
included in a future bundling request or an immediate bundling
request, including changes to enable simultaneous evaluation of
multiple projects under 1 or more evaluation criteria.
Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be
utilized for projects included in a future bundling request or an
immediate bundling request under this subsection upon promulgation
of the applicable rule or policy guidance.
``(4) Grant agreements.--
``(A) New start and core capacity improvement projects.--A
new start project or core capacity improvement project in an
immediate bundling request or future bundling request shall be
carried out through a full funding grant agreement or expedited
grant agreement pursuant to subsection (k)(2).
``(B) Small start.--A small start project shall be carried
out through a grant agreement pursuant to subsection (h)(7).
``(C) Requirement.--A combined grant agreement described in
paragraph (2)(I)(i) shall--
``(i) include only projects in an immediate future
bundling request that are ready to receive a grant
agreement under this section,
``(ii) be carried out through a full funding grant
agreement or expedited grant agreement pursuant to
subsection (k)(2) for the included projects, if a project
seeking assistance under the combined grant agreement is a
new start project or core capacity improvement project; and
``(iii) be carried out through a grant agreement
pursuant to subsection (h)(7) for the included projects, if
the projects seeking assistance under the combined grant
agreement consist entirely of small start projects.
``(D) Savings provision.--The use of a combined grant
agreement shall not waive or amend applicable evaluation
criteria under this section for projects included in the
combined grant agreement.'';
(6) in subsection (k)--
(A) in paragraph (2)(E)--
(i) by striking ``(E) Before and after study.--'' and
all that follows through ``(I) Submission of plan.--'' and
inserting the following: ``(E) Information collection and
analysis plan.--
``(i) Submission of plan.--'';
(ii) by redesignating subclause (II) of clause (i) (as
so designated) as clause (ii), and adjusting the margin
accordingly; and
(iii) in clause (ii) (as so redesignated)--
(I) by redesignating items (aa) through (dd) as
subclauses (I) through (IV), respectively, and
adjusting the margins accordingly; and
(II) in the matter preceding subclause (I) (as so
redesignated), by striking ``subclause (I)'' and
inserting ``clause (i)''; and
(B) in paragraph (5), by striking ``At least 30'' and
inserting ``Not later than 15'';
(7) in subsection (o)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``of'' and inserting ``that'';
(II) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and adjusting
the margins accordingly;
(III) by inserting before subclause (I) (as so
redesignated), the following:
``(i) assesses--'';
(IV) in clause (i) (as so designated)--
(aa) in subclause (I) (as so redesignated), by
striking ``new fixed guideway capital projects and
core capacity improvement projects'' and inserting
``all new fixed guideway capital projects and core
capacity improvement projects for grant agreements
under this section and section 3005(b) of the
Federal Public Transportation Act of 2015 (49
U.S.C. 5309 note; Public Law 114-94)''; and
(bb) in subclause (II) (as so redesignated), by
striking ``and'' at the end; and
(V) by adding at the end the following:
``(ii) includes, with respect to projects that entered
into revenue service since the previous biennial review--
``(I) a description and analysis of the impacts of
the projects on public transportation services and
public transportation ridership;
``(II) a description and analysis of the
consistency of predicted and actual benefits and costs
of the innovative project development and delivery
methods of, or innovative financing for, the projects;
and
``(III) an identification of the reasons for any
differences between predicted and actual outcomes for
the projects; and
``(iii) in conducting the review under clause (ii),
incorporates information from the plans submitted by
applicants under subsection (k)(2)(E)(i); and''; and
(ii) in subparagraph (B), by striking ``each year'' and
inserting ``the applicable year''; and
(8) by adding at the end the following:
``(r) Capital Investment Grant Dashboard.--
``(1) In general.--The Secretary shall make publicly available
in an easily identifiable location on the website of the Department
of Transportation a dashboard containing the following information
for each project seeking a grant agreement under this section:
``(A) Project name.
``(B) Project sponsor.
``(C) City or urbanized area and State in which the project
will be located.
``(D) Project type.
``(E) Project mode.
``(F) Project length and number of stops, including length
of exclusive bus rapid transit lanes, if applicable.
``(G) Anticipated total project cost.
``(H) Anticipated share of project costs to be sought under
this section.
``(I) Date of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(J) Date on which the project entered the project
development phase.
``(K) Date on which the project entered the engineering
phase, if applicable.
``(L) Date on which a Letter of No Prejudice was requested,
and date on which a Letter of No Prejudice was issued or
denied, if applicable.
``(M) Date of the applicant's most recent project ratings,
including date of request for updated ratings, if applicable.
``(N) Status of the project sponsor in securing non-Federal
matching funds.
``(O) Date on which a project grant agreement is
anticipated to be executed.
``(2) Updates.--The Secretary shall update the information
provided under paragraph (1) not less frequently than monthly.
``(3) Project profiles.--The Secretary shall continue to make
profiles for projects that have applied for or are receiving
assistance under this section publicly available in an easily
identifiable location on the website of the Department of
Transportation, in the same manner as the Secretary did as of the
day before the date of enactment of this subsection.''.
(b) Expedited Project Delivery for Capital Investment Grants Pilot
Program.--Section 3005(b) of the Federal Public Transportation Act of
2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended--
(1) in paragraph (1)(I)--
(A) in clause (i), by striking ``$75,000,000'' and
inserting ``$150,000,000''; and
(B) in clause (ii), by striking ``$300,000,000'' and
inserting ``$400,000,000'';
(2) in paragraph (8)(D)(i), by striking ``30 days'' and
inserting ``15 days'';
(3) by striking paragraph (12); and
(4) by redesignating paragraph (13) as paragraph (12).
SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--Of the amounts made available or
appropriated for each fiscal year pursuant to section 5338(a)(2)(F)
to carry out this section--
``(A) an amount equal to 5 percent shall be available to
carry out paragraph (2); and
``(B) 3 percent shall be available to carry out paragraph
(3).
``(2) Public transportation on indian reservations.--For each
fiscal year, the amounts made available under paragraph (1)(A)
shall be apportioned for grants to Indian tribes for any purpose
eligible under this section, under such terms and conditions as may
be established by the Secretary, of which--
``(A) 20 percent shall be distributed by the Secretary on a
competitive basis; and
``(B) 80 percent shall be apportioned as formula grants as
provided in subsection (j).''; and
(2) in subsection (j)(1)(A), in the matter preceding clause
(i), by striking ``subsection (c)(1)(B)'' and inserting
``subsection (c)(2)(B)''.
SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
(a) In General.--Section 5312 of title 49, United States Code, is
amended--
(1) by striking the first subsection designated as subsection
(g), relating to annual reports on research, as so designated by
section 3008(a)(6)(A) of the FAST Act (Public Law 114-94; 129 Stat.
1468) and inserting the following:
``(f) Annual Report on Research.--
``(1) In general.--Not later than the first Monday in February
of each year, the Secretary shall make available to the public on
the Web site of the Department of Transportation, a report that
includes--
``(A) a description of each project that received
assistance under this section during the preceding fiscal year;
``(B) an evaluation of each project described in paragraph
(1), including any evaluation conducted under subsection (e)(4)
for the preceding fiscal year; and
``(C) a strategic research roadmap proposal for allocations
of amounts for assistance under this section for the current
and subsequent fiscal year, including anticipated work areas,
proposed demonstrations and strategic partnership
opportunities;
``(2) Updates.--Not less than every 3 months, the Secretary
shall update on the Web site of the Department of Transportation
the information described in paragraph (1)(C) to reflect any
changes to the Secretary's plans to make assistance available under
this section.
``(3) Long-term research plans.--The Secretary is encouraged to
develop long-term research plans and shall identify in the annual
report under paragraph (1) and in updates under paragraph (2)
allocations of amounts for assistance and notices of funding
opportunities to execute long-term strategic research roadmap
plans.'';
(2) in paragraph (1) of subsection (g), relating to Government
share of costs, by striking the period at the end and inserting ``,
except that if there is substantial public interest or benefit, the
Secretary may approve a greater Federal share.''; and
(3) in subsection (h)--
(A) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall competitively select
at least 1 facility--
``(i) to conduct testing, evaluation, and analysis of
low or no emission vehicle components intended for use in
low or no emission vehicles; and
``(ii) to conduct directed technology research.'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Testing, evaluation, and analysis.--
``(i) In general.--The Secretary shall enter into a
contract or cooperative agreement with, or make a grant to,
at least 1 institution of higher education to operate and
maintain a facility to conduct testing, evaluation, and
analysis of low or no emission vehicle components, and new
and emerging technology components, intended for use in low
or no emission vehicles.
``(ii) Requirements.--An institution of higher
education described in clause (i) shall have--
``(I) capacity to carry out transportation-related
advanced component and vehicle evaluation;
``(II) laboratories capable of testing and
evaluation; and
``(III) direct access to or a partnership with a
testing facility capable of emulating real-world
circumstances in order to test low or no emission
vehicle components installed on the intended
vehicle.''; and
(iii) by adding at the end the following:
``(H) Capital equipment and directed research.--A facility
operated and maintained under subparagraph (A) may use funds
made available under this subsection for--
``(i) acquisition of equipment and capital projects
related to testing low or no emission vehicle components;
or
``(ii) research related to advanced vehicle
technologies that provides advancements to the entire
public transportation industry.
``(I) Cost share.--The cost share for activities described
in subparagraph (H) shall be subject to the terms in subsection
(g).''; and
(B) in paragraph (3), by inserting ``, as applicable''
before the period at the end.
(b) Low or No Emission Vehicle Component Assessment.--
(1) In general.--Institutions of higher education selected to
operate and maintain a facility to conduct testing, evaluation, and
analysis of low or no emission vehicle components pursuant to
section 5312(h) of title 49, United States Code, shall not carry
out testing for a new bus model under section 5318 of that title.
(2) Use of funds.--Funds made available to institutions of
higher education described in paragraph (1) for testing under
section 5318 of title 49, United States Code, may be used for
eligible activities under section 5312(h) of that title.
(c) Accelerated Implementation and Deployment of Advanced Digital
Construction Management Systems.--Section 5312(b) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall establish and
implement a program under this subsection to promote,
implement, deploy, demonstrate, showcase, support, and document
the application of advanced digital construction management
systems, practices, performance, and benefits.
``(B) Goals.--The goals of the accelerated implementation
and deployment of advanced digital construction management
systems program established under subparagraph (A) shall
include--
``(i) accelerated adoption of advanced digital systems
applied throughout the lifecycle of transportation
infrastructure (including through the planning, design and
engineering, construction, operations, and maintenance
phases) that--
``(I) maximize interoperability with other systems,
products, tools, or applications;
``(II) boost productivity;
``(III) manage complexity;
``(IV) reduce project delays and cost overruns;
``(V) enhance safety and quality; and
``(VI) reduce total costs for the entire lifecycle
of transportation infrastructure assets;
``(ii) more timely and productive information-sharing
among stakeholders through reduced reliance on paper to
manage construction processes and deliverables such as
blueprints, design drawings, procurement and supply-chain
orders, equipment logs, daily progress reports, and punch
lists;
``(iii) deployment of digital management systems that
enable and leverage the use of digital technologies on
construction sites by contractors, such as state-of-the-art
automated and connected machinery and optimized routing
software that allows construction workers to perform tasks
faster, safer, more accurately, and with minimal
supervision;
``(iv) the development and deployment of best practices
for use in digital construction management;
``(v) increased technology adoption and deployment by
States, local governmental authorities, and designated
recipients that enables project sponsors--
``(I) to integrate the adoption of digital
management systems and technologies in contracts; and
``(II) to weigh the cost of digitization and
technology in setting project budgets;
``(vi) technology training and workforce development to
build the capabilities of project managers and sponsors
that enables States, local governmental authorities, or
designated recipients--
``(I) to better manage projects using advanced
construction management technologies; and
``(II) to properly measure and reward technology
adoption across projects;
``(vii) development of guidance to assist States, local
governmental authorities, and designated recipients in
updating regulations to allow project sponsors and
contractors--
``(I) to report data relating to the project in
digital formats; and
``(II) to fully capture the efficiencies and
benefits of advanced digital construction management
systems and related technologies;
``(viii) reduction in the environmental footprint of
construction projects using advanced digital construction
management systems resulting from elimination of congestion
through more efficient projects; and
``(ix) enhanced worker and pedestrian safety resulting
from increased transparency.
``(C) Publication.--The reporting requirements for the
accelerated implementation and deployment of advanced digital
construction management systems program established under
section 503(c)(5) of title 23 shall include data and analysis
collected under this section.''.
SEC. 30008. BUS TESTING FACILITIES.
Section 5318 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Capital Equipment.--A facility operated and maintained under
this section may use funds made available under this section for the
acquisition of equipment and capital projects related to testing new
bus models.''.
SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.
Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-
141) is amended--
(1) in paragraph (2), in the matter preceding subparagraph (A),
by inserting ``or site-specific'' after ``comprehensive''; and
(2) in paragraph (3)--
(A) in subparagraph (B), by inserting ``or a site-specific
plan'' after ``comprehensive plan'';
(B) in subparagraph (C), by inserting ``or the proposed
site-specific plan'' after ``proposed comprehensive plan'';
(C) in subparagraph (D), by inserting ``or the site-
specific plan'' after ``comprehensive plan''; and
(D) in subparagraph (E)(iii), by inserting ``or the site-
specific plan'' after ``comprehensive plan''.
SEC. 30010. GENERAL PROVISIONS.
Section 5323(u) of title 49, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include--
``(A) a minority relationship or investment; or
``(B) relationship with or investment in a subsidiary,
joint venture, or other entity based in a country described in
paragraph (1)(B) that does not export rolling stock or
components of rolling stock for use in the United States.''.
SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
Section 5324 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Insurance.--Before receiving a grant under this section
following an emergency, an applicant shall--
``(1) submit to the Secretary documentation demonstrating proof
of insurance required under Federal law for all structures related
to the grant application; and
``(2) certify to the Secretary that the applicant has insurance
required under State law for all structures related to the grant
application.''.
SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Section 5329 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, or, in the
case of a recipient receiving assistance under section 5307
that is serving an urbanized area with a population of
200,000 or more, safety performance measures, including
measures related to the risk reduction program under
subsection (d)(1)(I), for all modes of public
transportation'' after ``public transportation'';
(ii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking ``and'' at the
end;
(II) in subclause (II), by adding ``and'' at the
end; and
(III) by adding at the end the following:
``(III) innovations in driver assistance
technologies and driver protection infrastructure,
where appropriate, and a reduction in visibility
impairments that contribute to pedestrian
fatalities;'';
(iii) in subparagraph (D)(ii)(V), by striking ``and''
at the end;
(iv) in subparagraph (E), by striking the period at the
end and inserting ``; and'';
(v) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively;
(vi) by inserting after subparagraph (C) the following:
``(D) in consultation with the Secretary of Health and
Human Services, precautionary and reactive actions required to
ensure public and personnel safety and health during an
emergency (as defined in section 5324(a));''; and
(vii) by adding at the end the following:
``(G) consideration, where appropriate, of performance-
based and risk-based methodologies.''; and
(B) by adding at the end the following:
``(3) Plan updates.--The Secretary shall update the national
public transportation safety plan under paragraph (1) as necessary
with respect to recipients receiving assistance under section 5307
that serve an urbanized area with a population of 200,000 or
more.'';
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by striking the subsection designation and heading and
all that follows through ``The Secretary'' in paragraph (1) and
inserting the following:
``(c) Public Transportation Safety Certification Training
Program.--The Secretary'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``Effective 1 year'' and all that follows through
``each recipient'' and inserting ``Each recipient'';
(ii) in subparagraph (A), by inserting ``, or, in the
case of a recipient receiving assistance under section 5307
that is serving an urbanized area with a population of
200,000 or more, the safety committee of the entity
established under paragraph (5), followed by the board of
directors (or equivalent entity) of the recipient
approve,'' after ``approve'';
(iii) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively;
(iv) by inserting after subparagraph (A) the following:
``(B) for each recipient serving an urbanized area with a
population of fewer than 200,000, a requirement that the agency
safety plan be developed in cooperation with frontline employee
representatives;'';
(v) in subparagraph (D) (as so redesignated), by
inserting ``, and consistent with guidelines of the Centers
for Disease Control and Prevention or a State health
authority, minimize exposure to infectious diseases'' after
``public, personnel, and property to hazards and unsafe
conditions'';
(vi) by striking subparagraph (F) (as so redesignated)
and inserting the following:
``(F) performance targets based on--
``(i) the safety performance criteria and state of good
repair standards established under subparagraphs (A) and
(B), respectively, of subsection (b)(2); or
``(ii) in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized area with a
population of 200,000 or more, safety performance measures
established under the national public transportation safety
plan, as described in subsection (b)(2)(A);'';
(vii) in subparagraph (G) (as so redesignated), by
striking ``and'' at the end; and
(viii) by striking subparagraph (H) (as so
redesignated) and inserting the following:
``(H) a comprehensive staff training program for--
``(i) the operations personnel and personnel directly
responsible for safety of the recipient that includes--
``(I) the completion of a safety training program;
and
``(II) continuing safety education and training; or
``(ii) in the case of a recipient receiving assistance
under section 5307 that is serving an urbanized area with a
population of 200,000 or more, the operations and
maintenance personnel and personnel directly responsible
for safety of the recipient that includes--
``(I) the completion of a safety training program;
``(II) continuing safety education and training;
and
``(III) de-escalation training; and
``(I) in the case of a recipient receiving assistance under
section 5307 that is serving an urbanized area with a
population of 200,000 or more, a risk reduction program for
transit operations to improve safety by reducing the number and
rates of accidents, injuries, and assaults on transit workers
based on data submitted to the national transit database under
section 5335, including--
``(i) a reduction of vehicular and pedestrian accidents
involving buses that includes measures to reduce visibility
impairments for bus operators that contribute to accidents,
including retrofits to buses in revenue service and
specifications for future procurements that reduce
visibility impairments; and
``(ii) the mitigation of assaults on transit workers,
including the deployment of assault mitigation
infrastructure and technology on buses, including barriers
to restrict the unwanted entry of individuals and objects
into the workstations of bus operators when a risk analysis
performed by the safety committee of the recipient
established under paragraph (5) determines that such
barriers or other measures would reduce assaults on transit
workers and injuries to transit workers.''; and
(B) by adding at the end the following:
``(4) Risk reduction performance targets.--
``(A) In general.--The safety committee of a recipient
receiving assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or more established
under paragraph (5) shall establish performance targets for the
risk reduction program required under paragraph (1)(I) using a
3-year rolling average of the data submitted by the recipient
to the national transit database under section 5335.
``(B) Safety set aside.--A recipient receiving assistance
under section 5307 that is serving an urbanized area with a
population of 200,000 or more shall allocate not less than 0.75
percent of those funds to safety-related projects eligible
under section 5307.
``(C) Failure to meet performance targets.--A recipient
receiving assistance under section 5307 that is serving an
urbanized area with a population of 200,000 or more that does
not meet the performance targets established under subparagraph
(A) shall allocate the amount made available in subparagraph
(B) in the following fiscal year to projects described in
subparagraph (D).
``(D) Eligible projects.--Funds set aside under
subparagraph (C) shall be used for projects that are reasonably
likely to assist the recipient in meeting the performance
targets established in subparagraph (A), including
modifications to rolling stock and de-escalation training.
``(5) Safety committee.--
``(A) In general.--For purposes of this subsection, the
safety committee of a recipient shall--
``(i) be convened by a joint labor-management process;
``(ii) consist of an equal number of--
``(I) frontline employee representatives, selected
by a labor organization representing the plurality of
the frontline workforce employed by the recipient or,
if applicable, a contractor to the recipient, to the
extent frontline employees are represented by labor
organizations; and
``(II) management representatives; and
``(iii) have, at a minimum, responsibility for--
``(I) identifying and recommending risk-based
mitigations or strategies necessary to reduce the
likelihood and severity of consequences identified
through the agency's safety risk assessment;
``(II) identifying mitigations or strategies that
may be ineffective, inappropriate, or were not
implemented as intended; and
``(III) identifying safety deficiencies for
purposes of continuous improvement.
``(B) Applicability.--This paragraph applies only to a
recipient receiving assistance under section 5307 that is
serving an urbanized area with a population of 200,000 or
more.'';
(4) in subsection (e)--
(A) in paragraph (4)(A)(v), by inserting ``, inspection,''
after ``investigative''; and
(B) by adding at the end the following:
``(11) Effectiveness of enforcement authorities and
practices.--The Secretary shall develop and disseminate to State
safety oversight agencies the process and methodology that the
Secretary will use to monitor the effectiveness of the enforcement
authorities and practices of State safety oversight agencies.'';
and
(5) by striking subsection (k) and inserting the following:
``(k) Inspections.--
``(1) Inspection access.--
``(A) In general.--A State safety oversight program shall
provide the State safety oversight agency established by the
program with the authority and capability to enter the
facilities of each rail fixed guideway public transportation
system that the State safety oversight agency oversees to
inspect infrastructure, equipment, records, personnel, and
data, including the data that the rail fixed guideway public
transportation agency collects when identifying and evaluating
safety risks.
``(B) Policies and procedures.--A State safety oversight
agency, in consultation with each rail fixed guideway public
transportation agency that the State safety oversight agency
oversees, shall establish policies and procedures regarding the
access of the State safety oversight agency to conduct
inspections of the rail fixed guideway public transportation
system, including access for inspections that occur without
advance notice to the rail fixed guideway public transportation
agency.
``(2) Data collection.--
``(A) In general.--A rail fixed guideway public
transportation agency shall provide the applicable State safety
oversight agency with the data that the rail fixed guideway
public transportation agency collects when identifying and
evaluating safety risks, in accordance with subparagraph (B).
``(B) Policies and procedures.--A State safety oversight
agency, in consultation with each rail fixed guideway public
transportation agency that the State safety oversight agency
oversees, shall establish policies and procedures for
collecting data described in subparagraph (A) from a rail fixed
guideway public transportation agency, including with respect
to frequency of collection, that is commensurate with the size
and complexity of the rail fixed guideway public transportation
system.
``(3) Incorporation.--Policies and procedures established under
this subsection shall be incorporated into--
``(A) the State safety oversight program standard adopted
by a State safety oversight agency under section 674.27 of
title 49, Code of Federal Regulations (or any successor
regulation); and
``(B) the public transportation agency safety plan
established by a rail fixed guideway public transportation
agency under subsection (d).
``(4) Assessment by secretary.--In assessing the capability of
a State safety oversight agency to conduct inspections as required
under paragraph (1), the Secretary shall ensure that--
``(A) the inspection practices of the State safety
oversight agency are commensurate with the number, size, and
complexity of the rail fixed guideway public transportation
systems that the State safety oversight agency oversees;
``(B) the inspection program of the State safety oversight
agency is risk-based; and
``(C) the State safety oversight agency has sufficient
resources to conduct the inspections.
``(5) Special directive.--The Secretary shall issue a special
directive to each State safety oversight agency on the development
and implementation of risk-based inspection programs under this
subsection.
``(6) Enforcement.--The Secretary may use any authority under
this section, including any enforcement action authorized under
subsection (g), to ensure the compliance of a State safety
oversight agency or State safety oversight program with this
subsection.''.
(b) Deadline; Effective Date.--
(1) Special directive on risk-based inspection programs.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue each special directive
required under section 5329(k)(5) of title 49, United States Code
(as added by subsection (a)).
(2) Inspection requirements.--Section 5329(k) of title 49,
United States Code (as amended by subsection (a)), shall apply with
respect to a State safety oversight agency on and after the date
that is 2 years after the date on which the Secretary of
Transportation issues the special directive to the State safety
oversight agency under paragraph (5) of that section 5329(k).
(c) No Effect on Initial Certification Process.--Nothing in this
section or the amendments made by this section affects the requirements
for initial approval of a State safety oversight program, including the
initial deadline, under section 5329(e)(3) of title 49, United States
Code.
SEC. 30013. ADMINISTRATIVE PROVISIONS.
Section 5334(h)(4) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Reimbursement.--
``(i) Fair market value of less than $5,000.--With
respect to rolling stock and equipment with a unit fair
market value of $5,000 or less per unit and unused supplies
with a total aggregate fair market value of $5,000 or less
that was purchased using Federal financial assistance under
this chapter, the rolling stock, equipment, and supplies
may be retained, sold, or otherwise disposed of at the end
of the service life of the rolling stock, equipment, or
supplies without any obligation to reimburse the Federal
Transit Administration.
``(ii) Fair market value of more than $5,000.--
``(I) In general.--With respect to rolling stock
and equipment with a unit fair market value of more
than $5,000 per unit and unused supplies with a total
aggregate fair market value of more than $5,000 that
was purchased using Federal financial assistance under
this chapter, the rolling stock, equipment, and
supplies may be retained or sold at the end of the
service life of the rolling stock, equipment, or
supplies.
``(II) Reimbursement required.--If rolling stock,
equipment, or supplies described in subclause (I) is
sold, of the proceeds from the sale--
``(aa) the recipient shall retain an amount
equal to the sum of--
``(AA) $5,000; and
``(BB) of the remaining proceeds, a
percentage of the amount equal to the non-
Federal share expended by the recipient in
making the original purchase; and
``(bb) any amounts remaining after application
of item (aa) shall be returned to the Federal
Transit Administration.
``(iii) Rolling stock and equipment retained.--Rolling
stock, equipment, or supplies described in clause (i) or
(ii) that is retained by a recipient under those clauses
may be used by the recipient for other public
transportation projects or programs with no obligation to
reimburse the Federal Transit Administration, and no
approval of the Secretary to retain that rolling stock,
equipment, or supplies is required.''.
SEC. 30014. NATIONAL TRANSIT DATABASE.
Section 5335 of title 49, United States Code, is amended--
(1) in subsection (a), in the first sentence, by inserting
``geographic service area coverage,'' after ``operating,''; and
(2) by striking subsection (c) and inserting the following:
``(c) Data Required to Be Reported.--Each recipient of a grant
under this chapter shall report to the Secretary, for inclusion in the
national transit database under this section--
``(1) any information relating to a transit asset inventory or
condition assessment conducted by the recipient;
``(2) any data on assaults on transit workers of the
recipients; and
``(3) any data on fatalities that result from an impact with a
bus.''.
SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United
States Code, is amended by striking ``paragraphs (1) and (2)'' and all
that follows through ``2 percent'' in subparagraph (B) and inserting
``paragraphs (1) and (2), 3 percent''.
(b) Funding for State Safety Oversight Program Grants.--
(1) In general.--Section 5336(h)(4) of title 49, United States
Code, is amended by striking ``0.5 percent'' and inserting ``0.75
percent''.
(2) Applicability.--The amendment made by paragraph (1) shall
apply with respect to fiscal year 2022 and each fiscal year
thereafter.
SEC. 30016. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Competitive Grants for Rail Vehicle Replacement.--
``(1) In general.--The Secretary may make grants under this
subsection to assist State and local governmental authorities in
financing capital projects for the replacement of rail rolling
stock.
``(2) Grant requirements.--Except as otherwise provided in this
subsection, a grant under this subsection shall be subject to the
same terms and conditions as a grant under subsection (b).
``(3) Competitive process.--The Secretary shall solicit grant
applications and make not more than 3 new awards to eligible
projects under this subsection on a competitive basis each fiscal
year.
``(4) Consideration.--In awarding grants under this subsection,
the Secretary shall consider--
``(A) the size of the rail system of the applicant;
``(B) the amount of funds available to the applicant under
this subsection;
``(C) the age and condition of the rail rolling stock of
the applicant that has exceeded or will exceed the useful
service life of the rail rolling stock in the 5-year period
following the grant; and
``(D) whether the applicant has identified replacement of
the rail vehicles as a priority in the investment
prioritization portion of the transit asset management plan of
the recipient pursuant to part 625 of title 49, Code of Federal
Regulations (or successor regulations).
``(5) Maximum share of competitive grant assistance.--The
amount of grant assistance provided by the Secretary under this
subsection, as a share of eligible project costs, shall be not more
than 50 percent.
``(6) Government share of cost.--The Government share of the
cost of an eligible project carried out under this subsection shall
not exceed 80 percent.
``(7) Multi-year grant agreements.--
``(A) In general.--An eligible project for which a grant is
provided under this subsection may be carried out through a
multi-year grant agreement in accordance with this paragraph.
``(B) Requirements.--A multi-year grant agreement under
this paragraph shall--
``(i) establish the terms of participation by the
Federal Government in the project; and
``(ii) establish the maximum amount of Federal
financial assistance for the project that may be provided
through grant payments to be provided in not more than 3
consecutive fiscal years.
``(C) Financial rules.--A multi-year grant agreement under
this paragraph--
``(i) shall obligate an amount of available budget
authority specified in law; and
``(ii) may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law.
``(D) Statement of contingent commitment.--A multi-year
agreement under this paragraph shall state that the contingent
commitment is not an obligation of the Federal Government.''.
SEC. 30017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and
5340, section 20005(b) of the Federal Public Transportation Act of
2012 (49 U.S.C. 5303 note; Public Law 112-141), and section 3006(b)
of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310
note; Public Law 114-94)--
``(A) $13,355,000,000 for fiscal year 2022;
``(B) $13,634,000,000 for fiscal year 2023;
``(C) $13,990,000,000 for fiscal year 2024;
``(D) $14,279,000,000 for fiscal year 2025; and
``(E) $14,642,000,000 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available under
paragraph (1)--
``(A) $184,647,343 for fiscal year 2022, $188,504,820 for
fiscal year 2023, $193,426,906 for fiscal year 2024,
$197,422,644 for fiscal year 2025, and $202,441,512 for fiscal
year 2026 shall be available to carry out section 5305;
``(B) $13,157,184 for fiscal year 2022, $13,432,051 for
fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497
for fiscal year 2025, and $14,425,121 for fiscal year 2026
shall be available to carry out section 20005(b) of the Federal
Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public
Law 112-141);
``(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133
for fiscal year 2023, $6,712,987,840 for fiscal year 2024,
$6,851,662,142 for fiscal year 2025, and $7,025,844,743 for
fiscal year 2026 shall be allocated in accordance with section
5336 to provide financial assistance for urbanized areas under
section 5307;
``(D) $371,247,094 for fiscal year 2022, $379,002,836 for
fiscal year 2023, $388,899,052 for fiscal year 2024,
$396,932,778 for fiscal year 2025, and $407,023,583 for fiscal
year 2026 shall be available to provide financial assistance
for services for the enhanced mobility of seniors and
individuals with disabilities under section 5310;
``(E) $4,605,014 for fiscal year 2022, $4,701,218 for
fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624
for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall
be available for the pilot program for innovative coordinated
access and mobility under section 3006(b) of the Federal Public
Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law
114-94);
``(F) $875,289,555 for fiscal year 2022, $893,575,275 for
fiscal year 2023, $916,907,591 for fiscal year 2024,
$935,848,712 for fiscal year 2025, and $959,639,810 for fiscal
year 2026 shall be available to provide financial assistance
for rural areas under section 5311;
``(G) $36,840,115 for fiscal year 2022, $37,609,743 for
fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993
for fiscal year 2025, and $40,390,337 for fiscal year 2026
shall be available to carry out section 5312, of which--
``(i) $5,000,000 for fiscal year 2022, $5,104,455 for
fiscal year 2023, $5,237,739 for fiscal year 2024,
$5,345,938 for fiscal year 2025, and $5,481,842 for fiscal
year 2026 shall be available to carry out section 5312(h);
and
``(ii) $6,578,592 for fiscal year 2022, $6,716,026 for
fiscal year 2023, $6,891,389 for fiscal year 2024,
$7,033,749 for fiscal year 2025, and $7,212,560 for fiscal
year 2026 shall be available to carry out section 5312(i);
``(H) $11,841,465 for fiscal year 2022, $12,088,846 for
fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748
for fiscal year 2025, and $12,982,608 for fiscal year 2026
shall be available to carry out section 5314, of which
$6,578,592 for fiscal year 2022, $6,716,026 for fiscal year
2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal
year 2025, and $7,212,560 for fiscal year 2026 shall be
available for the national transit institute under section
5314(c);
``(I) $5,000,000 for fiscal year 2022, $5,104,455 for
fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938
for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall
be available for bus testing under section 5318;
``(J) $131,000,000 for fiscal year 2022, $134,930,000 for
fiscal year 2023, $138,977,900 for fiscal year 2024,
$143,147,237 for fiscal year 2025, and $147,441,654 for fiscal
year 2026 shall be available to carry out section 5334;
``(K) $5,262,874 for fiscal year 2022, $5,372,820 for
fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999
for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall
be available to carry out section 5335;
``(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037
for fiscal year 2023, $3,680,934,484 for fiscal year 2024,
$3,755,675,417 for fiscal year 2025, and $3,850,496,668 for
fiscal year 2026 shall be available to carry out section 5337,
of which $300,000,000 for each of fiscal years 2022 through
2026 shall be available to carry out section 5337(f);
``(M) $603,992,657 for fiscal year 2022, $616,610,699 for
fiscal year 2023, $632,711,140 for fiscal year 2024,
$645,781,441 for fiscal year 2025, and $662,198,464 for fiscal
year 2026 shall be available for the bus and buses facilities
program under section 5339(a);
``(N) $447,257,433 for fiscal year 2022, $456,601,111 for
fiscal year 2023, $468,523,511 for fiscal year 2024,
$478,202,088 for fiscal year 2025, and $490,358,916 for fiscal
year 2026 shall be available for buses and bus facilities
competitive grants under section 5339(b) and no or low emission
grants under section 5339(c), of which $71,561,189 for fiscal
year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for
fiscal year 2024, $76,512,334 for fiscal year 2025, and
$78,457,427 for fiscal year 2026 shall be available to carry
out section 5339(c); and
``(O) $741,042,792 for fiscal year 2022, $756,523,956 for
fiscal year 2023, $776,277,698 for fiscal year 2024,
$792,313,742 for fiscal year 2025, and $812,455,901 for fiscal
year 2026, to carry out section 5340 to provide financial
assistance for urbanized areas under section 5307 and rural
areas under section 5311, of which--
``(i) $392,752,680 for fiscal year 2022, $400,957,696
for fiscal year 2023, $411,427,180 for fiscal year 2024,
$419,926,283 for fiscal year 2025, and $430,601,628 for
fiscal year 2026 shall be for growing States under section
5340(c); and
``(ii) $348,290,112 for fiscal year 2022, $355,566,259
for fiscal year 2023, $364,850,518 for fiscal year 2024,
$372,387,459 for fiscal year 2025, and $381,854,274 for
fiscal year 2026 shall be for high density States under
section 5340(d).
``(b) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 of this title and section
3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C.
5309 note; Public Law 114-94), $3,000,000,000 for each of fiscal years
2022 through 2026.
``(c) Oversight.--
``(1) In general.--Of the amounts made available to carry out
this chapter for a fiscal year, the Secretary may use not more than
the following amounts for the activities described in paragraph
(2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 1 percent of amounts made available to carry out
section 5337, of which not less than 0.25 percent of amounts
made available for this subparagraph shall be available to
carry out section 5329.
``(H) 0.75 percent of amounts made available to carry out
section 5339.
``(2) Activities.--The activities described in this paragraph
are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance of
a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(D) Activities to carry out section 5334.
``(3) Government share of costs.--The Government shall pay the
entire cost of carrying out a contract under this subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any project
under a full funding grant agreement.
``(d) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the Highway
Trust Fund pursuant to this section is a contractual obligation of
the Government to pay the Government share of the cost of the
project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the General Fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the project
only to the extent that amounts are appropriated for such purpose
by an Act of Congress.
``(e) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.
Section 5339 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5)(A)--
(i) by striking ``$90,500,000 for each of fiscal years
2016 through 2020'' and inserting ``$206,000,000 each
fiscal year'';
(ii) by striking ``$1,750,000'' and inserting
``$4,000,000''; and
(iii) by striking ``$500,000'' and inserting
``$1,000,000''; and
(B) by adding at the end the following:
``(10) Maximizing use of funds.--
``(A) In general.--Eligible recipients and subrecipients
under this subsection should, to the extent practicable, seek
to utilize the procurement tools authorized under section 3019
of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94).
``(B) Written explanation.--If an eligible recipient or
subrecipient under this subsection purchases less than 5 buses
through a standalone procurement, the eligible recipient or
subrecipient shall provide to the Secretary a written
explanation regarding why the tools authorized under section
3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94)
were not utilized.'';
(2) in subsection (b)--
(A) by striking paragraph (5) and inserting the following:
``(5) Rural projects.--
``(A) In general.--Subject to subparagraph (B), not less
than 15 percent of the amounts made available under this
subsection in a fiscal year shall be distributed to projects in
rural areas.
``(B) Unutilized amounts.--The Secretary may use less than
15 percent of the amounts made available under this subsection
in a fiscal year for the projects described in subparagraph (A)
if the Secretary cannot meet the requirement of that
subparagraph due to insufficient eligible applications.''; and
(B) by adding at the end the following:
``(9) Competitive process.--The Secretary shall--
``(A) not later than 30 days after the date on which
amounts are made available for obligation under this subsection
for a full fiscal year, solicit grant applications for eligible
projects on a competitive basis; and
``(B) award a grant under this subsection based on the
solicitation under subparagraph (A) not later than the earlier
of--
``(i) 75 days after the date on which the solicitation
expires; or
``(ii) the end of the fiscal year in which the
Secretary solicited the grant applications.
``(10) Continued use of partnerships.--
``(A) In general.--An eligible recipient of a grant under
this subsection may submit an application in partnership with
other entities, including a transit vehicle manufacturer that
intends to participate in the implementation of a project under
this subsection and subsection (c).
``(B) Competitive procurement.--Projects awarded with
partnerships under this subsection shall be considered to
satisfy the requirement for a competitive procurement under
section 5325.
``(11) Maximizing use of funds.--
``(A) In general.--Eligible recipients under this
subsection should, to the extent practicable, seek to utilize
the procurement tools authorized under section 3019 of the FAST
Act (49 U.S.C. 5325 note; Public Law 114-94).
``(B) Written explanation.--If an eligible recipient under
this subsection purchases less than 5 buses through a
standalone procurement, the eligible recipient shall provide to
the Secretary a written explanation regarding why the tools
authorized under section 3019 of the FAST Act (49 U.S.C. 5325
note; Public Law 114-94) were not utilized.'';
(3) in subsection (c)--
(A) in paragraph (3)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--A grant under this subsection shall be
subject to--
``(i) with respect to eligible recipients in urbanized
areas, section 5307; and
``(ii) with respect to eligible recipients in rural
areas, section 5311.''; and
(ii) by adding at the end the following:
``(D) Fleet transition plan.--In awarding grants under this
subsection or under subsection (b) for projects related to zero
emission vehicles, the Secretary shall require the applicant to
submit a zero emission transition plan, which, at a minimum--
``(i) demonstrates a long-term fleet management plan
with a strategy for how the applicant intends to use the
current application and future acquisitions;
``(ii) addresses the availability of current and future
resources to meet costs;
``(iii) considers policy and legislation impacting
technologies;
``(iv) includes an evaluation of existing and future
facilities and their relationship to the technology
transition;
``(v) describes the partnership of the applicant with
the utility or alternative fuel provider of the applicant;
and
``(vi) examines the impact of the transition on the
applicant's current workforce by identifying skill gaps,
training needs, and retraining needs of the existing
workers of the applicant to operate and maintain zero
emission vehicles and related infrastructure and avoids the
displacement of the existing workforce.'';
(B) by striking paragraph (5) and inserting the following:
``(5) Consideration.--In awarding grants under this subsection,
the Secretary--
``(A) shall consider eligible projects relating to the
acquisition or leasing of low or no emission buses or bus
facilities that make greater reductions in energy consumption
and harmful emissions, including direct carbon emissions, than
comparable standard buses or other low or no emission buses;
and
``(B) shall, for no less than 25 percent of the funds made
available to carry out this subsection, only consider eligible
projects related to the acquisition of low or no emission buses
or bus facilities other than zero emission vehicles and related
facilities.''; and
(C) by adding at the end the following:
``(8) Continued use of partnerships.--
``(A) In general.--A recipient of a grant under this
subsection may submit an application in partnership with other
entities, including a transit vehicle manufacturer, that
intends to participate in the implementation of an eligible
project under this subsection.
``(B) Competitive procurement.--Eligible projects awarded
with partnerships under this subsection shall be considered to
satisfy the requirement for a competitive procurement under
section 5325.''; and
(4) by adding at the end the following:
``(d) Workforce Development Training Activities.--5 percent of
grants related to zero emissions vehicles (as defined in subsection
(c)(1)) or related infrastructure under subsection (b) or (c) shall be
used by recipients to fund workforce development training, as described
in section 5314(b)(2) (including registered apprenticeships and other
labor-management training programs) under the recipient's plan to
address the impact of the transition to zero emission vehicles on the
applicant's current workforce under subsection (c)(3)(D), unless the
recipient certifies a smaller percentage is necessary to carry out that
plan.''.
SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY,
ACCOUNTABILITY, AND INVESTMENT.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors of
the Transit Authority.
(2) Compact.--The term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89-774 (80 Stat. 1324).
(3) Covered recipient.--The term ``covered recipient'' means--
(A)(i) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(iv) the Committee on Oversight and Reform of the House of
Representatives;
(B)(i) the Governor of Maryland;
(ii) the President of the Maryland Senate; and
(iii) the Speaker of the Maryland House of Delegates;
(C)(i) the Governor of Virginia;
(ii) the President of the Virginia Senate; and
(iii) the Speaker of the Virginia House of Delegates;
(D)(i) the Mayor of the District of Columbia; and
(ii) the Chairman of the Council of the District of
Columbia; and
(E) the Chairman of the Northern Virginia Transportation
Commission.
(4) Inspector general; office of the inspector general.--The
terms ``Inspector General'' and ``Office of Inspector General''
mean the Inspector General and the Office of Inspector General,
respectively, of the Transit Authority.
(5) Transit authority.--The term ``Transit Authority'' means
the Washington Metropolitan Area Transit Authority established
under Article III of the Compact.
(b) Reauthorization of Capital and Preventive Maintenance Grants to
Washington Metropolitan Area Transit Authority.--Section 601(f) of the
Passenger Rail Investment and Improvement Act of 2008 (division B of
Public Law 110-432; 122 Stat. 4970) is amended by striking ``an
aggregate amount'' and all that follows through the period at the end
and inserting ``$150,000,000 for each of fiscal years 2022 through
2030.''.
(c) Funds for Washington Metropolitan Area Transit Authority's
Inspector General.--Title VI of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat.
4968) is amended by adding at the end the following:
``SEC. 602. FUNDING FOR INSPECTOR GENERAL.
``(a) Definitions.--In this section:
``(1) Compact.--The term `Compact' means the Washington
Metropolitan Area Transit Authority Compact consented to by
Congress under Public Law 89-774 (80 Stat. 1324).
``(2) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(3) Transit authority.--The term `Transit Authority' has the
meaning given the term in section 601(a)(2).
``(b) Funding for Office of Inspector General of the Washington
Metropolitan Area Transit Authority.--Subject to subsection (c), of the
amounts authorized to be appropriated for a fiscal year under section
601(f), the Secretary shall use $5,000,000 for grants to the Transit
Authority for use exclusively by the Office of Inspector General of the
Transit Authority for the operations of the Office in accordance with
Section 9 of Article III of the Compact, to remain available until
expended.
``(c) Matching Inspector General Funds Required From Transit
Authority.--The Secretary may not provide any amounts to the Transit
Authority for a fiscal year under subsection (b) until the Transit
Authority notifies the Secretary that the Transit Authority has made
available $5,000,000 in non-Federal funds for that fiscal year for use
exclusively by the Office of Inspector General of the Transit Authority
for the operations of the Office in accordance with Section 9 of
Article III of the Compact.''.
(d) Reforms to Office of Inspector General.--
(1) Sense of congress.--Congress recognizes the importance of
the Transit Authority having a strong and independent Office of
Inspector General, as codified in subsections (a) and (d) of
Section 9 of Article III of the Compact.
(2) Reforms.--The Secretary of Transportation may not provide
any amounts to the Transit Authority under section 601(f) of the
Passenger Rail Investment and Improvement Act of 2008 (division B
of Public Law 110-432; 122 Stat. 4968) (as amended by subsection
(b)), until the Secretary of Transportation certifies that the
Board has passed a resolution that--
(A) provides that, for each fiscal year, the Office of
Inspector General shall transmit a budget estimate and request
to the Board specifying the aggregate amount of funds requested
for the fiscal year for the operations of the Office of
Inspector General;
(B) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation, contracting officer
authority, subject to the requirement that the Inspector
General exercise that authority--
(i) in accordance with Section 73 of Article XVI of the
Compact, after working with the Transit Authority to amend
procurement policies and procedures to give the Inspector
General approving authority for exceptions to those
policies and procedures; and
(ii) only as is necessary to carry out the duties of
the Office of Inspector General;
(C) delegates to the Inspector General, to the extent
possible under the Compact and in accordance with each
applicable Federal law or regulation--
(i) the authority to select, appoint, and employ such
officers and employees as may be necessary for carrying out
the duties of the Office of Inspector General, subject to
the requirement that the Inspector General exercise that
authority in accordance with--
(I) subsections (g) and (h) of Section 12 of
Article V of the Compact; and
(II) personnel policies and procedures of the
Transit Authority; and
(ii) approving authority, subject to the approval of
the Board, for exceptions to policies that impact the
independence of the Office of Inspector General, but those
exceptions may not include the use of employee benefits and
pension plans other than the employee benefits and pension
plans of the Transit Authority;
(D)(i) ensures that the Inspector General obtains legal
advice from a counsel reporting directly to the Inspector
General; and
(ii) prohibits the counsel described in clause (i) from--
(I) providing legal advice for or on behalf of the
Transit Authority;
(II) issuing a legal opinion on behalf of the Transit
Authority or making a statement about a legal position of
the Transit Authority; or
(III) waiving any privilege or protection from
disclosure on any matter under the jurisdiction of the
Transit Authority; and
(E) requires the Inspector General to--
(i) post any report containing a recommendation for
corrective action to the website of the Office of Inspector
General not later than 3 days after the report is submitted
in final form to the Board, except that--
(I) the Inspector General shall, if required by law
or otherwise appropriate, redact--
(aa) personally identifiable information;
(bb) legally privileged information;
(cc) information legally prohibited from
disclosure; and
(dd) information that, in the determination of
the Inspector General, would pose a security risk
to the systems of the Transit Authority; and
(II) with respect to any investigative findings in
a case involving administrative misconduct, whether
included in a recommendation or otherwise, the
Inspector General shall publish only a summary of the
findings, which summary shall be redacted in accordance
with the procedures set forth in subclause (I);
(ii) submit a semiannual report containing
recommendations of corrective action to the Board, which
the Board shall transmit not later than 30 days after
receipt of the report, together with any comments the Board
determines appropriate, to--
(I) each covered recipient described in subsection
(a)(3)(A); and
(II) any other recipients that the Board determines
appropriate; and
(iii) not later than 2 years after the date of
enactment of this Act and 5 years after the date of
enactment of this Act, submit to each covered recipient a
report that--
(I) describes the implementation by the Transit
Authority of the reforms required under, and the use by
the Transit Authority of the funding authorized under--
(aa) chapter 34 of title 33.2 of the Code of
Virginia;
(bb) section 10-205 of the Transportation
Article of the Code of Maryland; and
(cc) section 6002 of the Dedicated WMATA
Funding and Tax Changes Affecting Real Property and
Sales Amendment Act of 2018 (1-325.401, D.C.
Official Code); and
(II) contains--
(aa) an assessment of the effective use of the
funding described in subclause (I) to address major
capital improvement projects;
(bb) a discussion of compliance with strategic
plan deadlines;
(cc) an examination of compliance with the
reform requirements under the laws described in
subclause (I), including identifying any challenges
to compliance or implementation; and
(dd) recommendations to the Transit Authority
to improve implementation.
(e) Capital Program and Planning.--
(1) Capital planning procedures.--The Transit Authority may not
expend any amounts received under section 602(b) of the Passenger
Rail Investment and Improvement Act of 2008 (division B of Public
Law 110-432; 122 Stat. 4968), (as added by subsection (c)), until
the General Manager of the Transit Authority certifies to the
Secretary of Transportation that the Transit Authority has
implemented--
(A) documented policies and procedures for the capital
planning process that include--
(i) a process that aligns projects to the strategic
goals of the Transit Authority; and
(ii) a process to develop total project costs and
alternatives for all major capital projects (as defined in
section 633.5 of title 49, Code of Federal Regulations (or
successor regulations));
(B) a transit asset management planning process that
includes --
(i) asset inventory and condition assessment
procedures; and
(ii) procedures to develop a data set of track,
guideway, and infrastructure systems, including tunnels,
bridges, and communications assets, that complies with the
transit asset management regulations of the Secretary of
Transportation under part 625 of title 49, Code of Federal
Regulations (or successor regulations); and
(C) performance measures, aligned with the strategic goals
of the Transit Authority, to assess the effectiveness and
outcomes of major capital projects.
(2) Annual report.--As a condition of receiving amounts under
section 602(b) of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110-432; 122 Stat. 4968) (as
added by subsection (c)), the Transit Authority shall submit an
annual report detailing the Capital Improvement Program of the
Transit Agency approved by the Board and compliance with the
transit asset management regulations of the Secretary of
Transportation under part 625 of title 49, Code of Federal
Regulations (or successor regulations), to--
(A) each covered recipient; and
(B) any other recipient that the Board determines
appropriate.
(f) Sense of Congress.--It is the sense of Congress that the
Transit Authority should--
(1) continue to prioritize the implementation of new
technological systems that include robust cybersecurity
protections; and
(2) prioritize continued integration of new wireless services
and emergency communications networks, while also leveraging
partnerships with mobility services to improve the competitiveness
of the core business.
(g) Additional Reporting.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional committees described in paragraph
(2) a report that--
(A) assesses whether the reforms required under subsection
(d) (relating to strengthening the independence of the Office
of Inspector General) have been implemented; and
(B) assesses--
(i) whether the reforms required under subsection (g)
have been implemented; and
(ii) the impact of those reforms on the capital
planning process of the Transit Authority.
(2) Congressional committees.--The congressional committees
described in this paragraph are--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(D) the Committee on Oversight and Reform of the House of
Representatives.
DIVISION D--ENERGY
SEC. 40001. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the Department
of Energy.
(2) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
SEC. 40101. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE
ELECTRIC GRID.
(a) Definitions.--In this section:
(1) Disruptive event.--The term ``disruptive event'' means an
event in which operations of the electric grid are disrupted,
preventively shut off, or cannot operate safely due to extreme
weather, wildfire, or a natural disaster.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the
Secretary.
(3) Natural disaster.--The term ``natural disaster'' has the
meaning given the term in section 602(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
(4) Power line.--The term ``power line'' includes a
transmission line or a distribution line, as applicable.
(5) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish a program
under which the Secretary shall make grants to eligible entities,
States, and Indian Tribes in accordance with this section.
(c) Grants to Eligible Entities.--
(1) In general.--The Secretary may make a grant under the
program to an eligible entity to carry out activities that--
(A) are supplemental to existing hardening efforts of the
eligible entity planned for any given year; and
(B)(i) reduce the risk of any power lines owned or operated
by the eligible entity causing a wildfire; or
(ii) increase the ability of the eligible entity to reduce
the likelihood and consequences of disruptive events.
(2) Application.--
(A) In general.--An eligible entity desiring a grant under
the program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(B) Requirement.--As a condition of receiving a grant under
the program, an eligible entity shall submit to the Secretary,
as part of the application of the eligible entity submitted
under subparagraph (A), a report detailing past, current, and
future efforts by the eligible entity to reduce the likelihood
and consequences of disruptive events.
(3) Limitation.--The Secretary may not award a grant to an
eligible entity in an amount that is greater than the total amount
that the eligible entity has spent in the previous 3 years on
efforts to reduce the likelihood and consequences of disruptive
events.
(4) Priority.--In making grants to eligible entities under the
program, the Secretary shall give priority to projects that, in the
determination of the Secretary, will generate the greatest
community benefit (whether rural or urban) in reducing the
likelihood and consequences of disruptive events.
(5) Small utilities set aside.--The Secretary shall ensure that
not less than 30 percent of the amounts made available to eligible
entities under the program are made available to eligible entities
that sell not more than 4,000,000 megawatt hours of electricity per
year.
(d) Grants to States and Indian Tribes.--
(1) In general.--The Secretary, in accordance with this
subsection, may make grants under the program to States and Indian
Tribes, which each State or Indian Tribe may use to award grants to
eligible entities.
(2) Annual application.--
(A) In general.--For each fiscal year, to be eligible to
receive a grant under this subsection, a State or Indian Tribe
shall submit to the Secretary an application that includes a
plan described in subparagraph (B).
(B) Plan required.--A plan prepared by a State or Indian
Tribe for purposes of an application described in subparagraph
(A) shall--
(i) describe the criteria and methods that will be used
by the State or Indian Tribe to award grants to eligible
entities;
(ii) be adopted after notice and a public hearing; and
(iii) describe the proposed funding distributions and
recipients of the grants to be provided by the State or
Indian Tribe.
(3) Distribution of funds.--
(A) In general.--The Secretary shall provide grants to
States and Indian Tribes under this subsection based on a
formula determined by the Secretary, in accordance with
subparagraph (B).
(B) Requirement.--The formula referred to in subparagraph
(A) shall be based on the following factors:
(i) The total population of the State or Indian Tribe.
(ii)(I) The total area of the State or the land of the
Indian Tribe; or
(II) the areas in the State or on the land of the
Indian Tribe with a low ratio of electricity customers per
mileage of power lines.
(iii) The probability of disruptive events in the State
or on the land of the Indian Tribe during the previous 10
years, as determined based on the number of federally
declared disasters or emergencies in the State or on the
land of the Indian Tribe, as applicable, including--
(I) disasters for which Fire Management Assistance
Grants are provided under section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5187);
(II) major disasters declared by the President
under section 401 of that Act (42 U.S.C. 5170);
(III) emergencies declared by the President under
section 501 of that Act (42 U.S.C. 5191); and
(IV) any other federally declared disaster or
emergency in the State or on the land of the Indian
Tribe.
(iv) The number and severity, measured by population
and economic impacts, of disruptive events experienced by
the State or Indian Tribe on or after January 1, 2011.
(v) The total amount, on a per capita basis, of public
and private expenditures during the previous 10 years to
carry out mitigation efforts to reduce the likelihood and
consequences of disruptive events in the State or on the
land of the Indian Tribe, with States or Indian Tribes with
higher per capita expenditures receiving additional weight
or consideration as compared to States or Indian Tribes
with lower per capita expenditures.
(C) Annual update of data used in distribution of funds.--
Beginning 1 year after the date of enactment of this Act, the
Secretary shall annually update--
(i) all data relating to the factors described in
subparagraph (B); and
(ii) all other data used in distributing grants to
States and Indian Tribes under this subsection.
(4) Oversight.--The Secretary shall ensure that each grant
provided to a State or Indian Tribe under the program is allocated,
pursuant to the applicable plan of the State or Indian Tribe, to
eligible entities for projects within the State or on the land of
the Indian Tribe.
(5) Priority.--In making grants to eligible entities using
funds made available to the applicable State or Indian Tribe under
the program, the State or Indian Tribe shall give priority to
projects that, in the determination of the State or Indian Tribe,
will generate the greatest community benefit (whether rural or
urban) in reducing the likelihood and consequences of disruptive
events.
(6) Small utilities set aside.--A State or Indian Tribe
receiving a grant under the program shall ensure that, of the
amounts made available to eligible entities from funds made
available to the State or Indian Tribe under the program, the
percentage made available to eligible entities that sell not more
than 4,000,000 megawatt hours of electricity per year is not less
than the percentage of all customers in the State or Indian Tribe
that are served by those eligible entities.
(7) Technical assistance and administrative expenses.--Of the
amounts made available to a State or Indian Tribe under the program
each fiscal year, the State or Indian Tribe may use not more than 5
percent for--
(A) providing technical assistance under subsection
(g)(1)(A); and
(B) administrative expenses associated with the program.
(8) Matching requirement.--Each State and Indian Tribe shall be
required to match 15 percent of the amount of each grant provided
to the State or Indian Tribe under the program.
(e) Use of Grants.--
(1) In general.--A grant awarded to an eligible entity under
the program may be used for activities, technologies, equipment,
and hardening measures to reduce the likelihood and consequences of
disruptive events, including--
(A) weatherization technologies and equipment;
(B) fire-resistant technologies and fire prevention
systems;
(C) monitoring and control technologies;
(D) the undergrounding of electrical equipment;
(E) utility pole management;
(F) the relocation of power lines or the reconductoring of
power lines with low-sag, advanced conductors;
(G) vegetation and fuel-load management;
(H) the use or construction of distributed energy resources
for enhancing system adaptive capacity during disruptive
events, including--
(i) microgrids; and
(ii) battery-storage subcomponents;
(I) adaptive protection technologies;
(J) advanced modeling technologies;
(K) hardening of power lines, facilities, substations, of
other systems; and
(L) the replacement of old overhead conductors and
underground cables.
(2) Prohibitions and limitations.--
(A) In general.--A grant awarded to an eligible entity
under the program may not be used for--
(i) construction of a new--
(I) electric generating facility; or
(II) large-scale battery-storage facility that is
not used for enhancing system adaptive capacity during
disruptive events; or
(ii) cybersecurity.
(B) Certain investments eligible for recovery.--
(i) In general.--An eligible entity may not seek cost
recovery for the portion of the cost of any system,
technology, or equipment that is funded through a grant
awarded under the program.
(ii) Savings provision.--Nothing in this subparagraph
prohibits an eligible entity from recovering through
traditional or incentive-based ratemaking any portion of an
investment in a system, technology, or equipment that is
not funded by a grant awarded under the program.
(C) Application limitations.--An eligible entity may not
submit an application for a grant provided by the Secretary
under subsection (c) and a grant provided by a State or Indian
Tribe pursuant to subsection (d) during the same application
cycle.
(f) Distribution of Funding.--Of the amounts made available to
carry out the program for a fiscal year, the Secretary shall ensure
that--
(1) 50 percent is used to award grants to eligible entities
under subsection (c); and
(2) 50 percent is used to make grants to States and Indian
Tribes under subsection (d).
(g) Technical and Other Assistance.--
(1) In general.--The Secretary, States, and Indian Tribes may--
(A) provide technical assistance and facilitate the
distribution and sharing of information to reduce the
likelihood and consequences of disruptive events; and
(B) promulgate consumer-facing information and resources to
inform the public of best practices and resources relating to
reducing the likelihood and consequences of disruptive events.
(2) Use of funds by the secretary.--Of the amounts made
available to the Secretary to carry out the program each fiscal
year, the Secretary may use not more than 5 percent for--
(A) providing technical assistance under paragraph (1)(A);
and
(B) administrative expenses associated with the program.
(h) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that receives a grant under this section shall be
required to match 100 percent of the amount of the grant.
(2) Exception for small utilities.--An eligible entity that
sells not more than 4,000,000 megawatt hours of electricity per
year shall be required to match \1/3\ of the amount of the grant.
(i) Biennial Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter through 2026,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report describing the program.
(2) Requirements.--The report under paragraph (1) shall include
information and data on--
(A) the costs of the projects for which grants are awarded
to eligible entities;
(B) the types of activities, technologies, equipment, and
hardening measures funded by those grants; and
(C) the extent to which the ability of the power grid to
withstand disruptive events has increased.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $5,000,000,000
for the period of fiscal years 2022 through 2026.
SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
(1) by inserting ``and wildfire'' after ``windstorm'';
(2) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(3) in subparagraph (A) (as so designated)--
(A) by inserting ``, wildfire,'' after ``extreme wind'';
and
(B) by adding ``and'' after the semicolon at the end; and
(4) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;''.
SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION.
(a) Definition of Federal Financial Assistance.--In this section,
the term ``Federal financial assistance'' has the meaning given the
term in section 200.1 of title 2, Code of Federal Regulations.
(b) Energy Infrastructure Federal Financial Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity'' means
each of--
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) Program.--The term ``program'' means the competitive
Federal financial assistance program established under
paragraph (2).
(2) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program, to
be known as the ``Program Upgrading Our Electric Grid and Ensuring
Reliability and Resiliency'', to provide, on a competitive basis,
Federal financial assistance to eligible entities to carry out the
purpose described in paragraph (3).
(3) Purpose.--The purpose of the program is to coordinate and
collaborate with electric sector owners and operators--
(A) to demonstrate innovative approaches to transmission,
storage, and distribution infrastructure to harden and enhance
resilience and reliability; and
(B) to demonstrate new approaches to enhance regional grid
resilience, implemented through States by public and rural
electric cooperative entities on a cost-shared basis.
(4) Applications.--To be eligible to receive Federal financial
assistance under the program, an eligible entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including
a description of--
(A) how the Federal financial assistance would be used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible entity
described in paragraph (1)(A)(ii), how the proposal would
improve regional energy infrastructure.
(5) Selection.--The Secretary shall select eligible entities to
receive Federal financial assistance under the program on a
competitive basis.
(6) Cost share.--Section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352) shall apply to Federal financial assistance
provided under the program.
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection,
$5,000,000,000 for the period of fiscal years 2022 through 2026.
(c) Energy Improvement in Rural or Remote Areas.--
(1) Definition of rural or remote area.--In this subsection,
the term ``rural or remote area'' means a city, town, or
unincorporated area that has a population of not more than 10,000
inhabitants.
(2) Required activities.--The Secretary shall carry out
activities to improve in rural or remote areas of the United
States--
(A) the resilience, safety, reliability, and availability
of energy; and
(B) environmental protection from adverse impacts of energy
generation.
(3) Federal financial assistance.--The Secretary, in
consultation with the Secretary of the Interior, may provide
Federal financial assistance to rural or remote areas for the
purpose of--
(A) overall cost-effectiveness of energy generation,
transmission, or distribution systems;
(B) siting or upgrading transmission and distribution
lines;
(C) reducing greenhouse gas emissions from energy
generation by rural or remote areas;
(D) providing or modernizing electric generation
facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection,
$1,000,000,000 for the period of fiscal years 2022 through 2026.
(d) Energy Infrastructure Resilience Framework.--
(1) In general.--The Secretary, in collaboration with the
Secretary of Homeland Security, the Federal Energy Regulatory
Commission, the North American Electric Reliability Corporation,
and interested energy infrastructure stakeholders, shall develop
common analytical frameworks, tools, metrics, and data to assess
the resilience, reliability, safety, and security of energy
infrastructure in the United States, including by developing and
storing an inventory of easily transported high-voltage recovery
transformers and other required equipment.
(2) Assessment and report.--
(A) Assessment.--The Secretary shall carry out an
assessment of--
(i) with respect to the inventory of high-voltage
recovery transformers, new transformers, and other
equipment proposed to be developed and stored under
paragraph (1)--
(I) the policies, technical specifications, and
logistical and program structures necessary to mitigate
the risks associated with the loss of high-voltage
recovery transformers;
(II) the technical specifications for high-voltage
recovery transformers;
(III) where inventory of high-voltage recovery
transformers should be stored;
(IV) the quantity of high-voltage recovery
transformers necessary for the inventory;
(V) how the stored inventory of high-voltage
recovery transformers would be secured and maintained;
(VI) how the high-voltage recovery transformers may
be transported;
(VII) opportunities for developing new flexible
advanced transformer designs; and
(VIII) whether new Federal regulations or cost-
sharing requirements are necessary to carry out the
storage of high-voltage recovery transformers; and
(ii) any efforts carried out by industry as of the date
of the assessment--
(I) to share transformers and equipment;
(II) to develop plans for next generation
transformers; and
(III) to plan for surge and long-term manufacturing
of, and long-term standardization of, transformer
designs.
(B) Protection of information.--Information that is
provided to, generated by, or collected by the Secretary under
subparagraph (A) shall be considered to be critical electric
infrastructure information under section 215A of the Federal
Power Act (16 U.S.C. 824o-1).
(C) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the assessment carried out
under subparagraph (A).
SEC. 40104. UTILITY DEMAND RESPONSE.
(a) Consideration of Demand-Response Standard.--
(1) In general.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(20) Demand-response practices.--
``(A) In general.--Each electric utility shall promote the
use of demand-response and demand flexibility practices by
commercial, residential, and industrial consumers to reduce
electricity consumption during periods of unusually high
demand.
``(B) Rate recovery.--
``(i) In general.--Each State regulatory authority
shall consider establishing rate mechanisms allowing an
electric utility with respect to which the State regulatory
authority has ratemaking authority to timely recover the
costs of promoting demand-response and demand flexibility
practices in accordance with subparagraph (A).
``(ii) Nonregulated electric utilities.--A nonregulated
electric utility may establish rate mechanisms for the
timely recovery of the costs of promoting demand-response
and demand flexibility practices in accordance with
subparagraph (A).''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect to
each electric utility for which the State has ratemaking authority)
and each nonregulated electric utility shall commence consideration
under section 111, or set a hearing date for consideration, with
respect to the standard established by paragraph (20) of section
111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect to
each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall complete
the consideration and make the determination under section 111 with
respect to the standard established by paragraph (20) of section
111(d).''.
(B) Failure to comply.--
(i) In general.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended--
(I) by striking ``such paragraph (14)'' and all
that follows through ``paragraphs (16)'' and inserting
``such paragraph (14). In the case of the standard
established by paragraph (15) of section 111(d), the
reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference
to the date of enactment of that paragraph (15). In the
case of the standards established by paragraphs (16)'';
and
(II) by adding at the end the following: ``In the
case of the standard established by paragraph (20) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (20).''.
(ii) Technical correction.--Paragraph (2) of section
1254(b) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 971) is repealed and the amendment made by
that paragraph (as in effect on the day before the date of
enactment of this Act) is void, and section 112(d) of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(d)) shall be in effect as if that amendment had not
been enacted.
(C) Prior state actions.--
(i) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility the
standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a proceeding
to consider implementation of the standard (or a comparable
standard) for the electric utility; or
``(3) the State legislature has voted on the implementation of
the standard (or a comparable standard) for the electric
utility.''.
(ii) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is
amended--
(I) by striking ``this subsection'' each place it
appears and inserting ``this section''; and
(II) by adding at the end the following: ``In the
case of the standard established by paragraph (20) of
section 111(d), the reference contained in this section
to the date of enactment of this Act shall be deemed to
be a reference to the date of enactment of that
paragraph (20).''.
(b) Optional Features of State Energy Conservation Plans.--Section
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) programs that promote the installation and use of
demand-response technology and demand-response practices; and''.
(c) Federal Energy Management Program.--Section 543(i) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to reduce energy consumption during periods of
unusually high electricity or natural gas demand.''; and
(2) in paragraph (3)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vii) promote the installation of demand-response
technology and the use of demand-response practices in
Federal buildings.''.
(d) Components of Zero-Net-Energy Commercial Buildings
Initiative.--Section 422(d)(3) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including
demand-response technologies, practices, and policies)'' after
``policies''.
SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) Designation of National Interest Electric Transmission
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))
is amended--
(1) in paragraph (1)--
(A) by inserting ``and Indian Tribes'' after ``affected
States''; and
(B) by inserting ``capacity constraints and'' before
``congestion'';
(2) in paragraph (2)--
(A) by striking ``After'' and inserting ``Not less
frequently than once every 3 years, the Secretary, after''; and
(B) by striking ``affected States'' and all that follows
through the period at the end and inserting the following:
``affected States and Indian Tribes), shall issue a report,
based on the study under paragraph (1) or other information
relating to electric transmission capacity constraints and
congestion, which may designate as a national interest electric
transmission corridor any geographic area that--
``(i) is experiencing electric energy transmission
capacity constraints or congestion that adversely affects
consumers; or
``(ii) is expected to experience such energy
transmission capacity constraints or congestion.'';
(3) in paragraph (3)--
(A) by striking ``The Secretary shall conduct the study and
issue the report in consultation'' and inserting ``Not less
frequently than once every 3 years, the Secretary, in
conducting the study under paragraph (1) and issuing the report
under paragraph (2), shall consult''; and
(4) in paragraph (4)--
(A) in subparagraph (C), by inserting ``or energy
security'' after ``independence'';
(B) in subparagraph (D), by striking ``and'' at the end;
(C) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(F) the designation would enhance the ability of facilities
that generate or transmit firm or intermittent energy to connect to
the electric grid;
``(G) the designation--
``(i) maximizes existing rights-of-way; and
``(ii) avoids and minimizes, to the maximum extent
practicable, and offsets to the extent appropriate and
practicable, sensitive environmental areas and cultural
heritage sites; and
``(H) the designation would result in a reduction in the cost
to purchase electric energy for consumers.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``or
interregional benefits'' after ``interstate benefits''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) a State commission or other entity that has authority to
approve the siting of the facilities--
``(i) has not made a determination on an application
seeking approval pursuant to applicable law by the date that is
1 year after the later of--
``(I) the date on which the application was filed; and
``(II) the date on which the relevant national interest
electric transmission corridor was designated by the
Secretary under subsection (a);
``(ii) has conditioned its approval in such a manner that
the proposed construction or modification will not
significantly reduce transmission capacity constraints or
congestion in interstate commerce or is not economically
feasible; or
``(iii) has denied an application seeking approval pursuant
to applicable law;''.
(c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission
facilities, the'' and inserting ``modify, and operate and maintain, the
transmission facilities and, in the determination of the Commission,
the permit holder has made good faith efforts to engage with landowners
and other stakeholders early in the applicable permitting process,
the''.
(d) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (2), by striking ``may'' and inserting
``shall''; and
(2) in paragraph (4), by striking ``the members'' and all that
follows through the period at the end and inserting the following:
``the Secretary determines that the members of the compact are in
disagreement after the later of--
``(A) the date that is 1 year after the date on which the
relevant application for the facility was filed; and
``(B) the date that is 1 year after the date on which the
relevant national interest electric transmission corridor was
designated by the Secretary under subsection (a).''.
SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
(a) Definitions.--In this section:
(1) Capacity contract.--The term ``capacity contract'' means a
contract entered into by the Secretary and an eligible entity under
subsection (e)(1)(A) for the right to the use of the transmission
capacity of an eligible project.
(2) Eligible electric power transmission line.--The term
``eligible electric power transmission line'' means an electric
power transmission line that is capable of transmitting not less
than--
(A) 1,000 megawatts; or
(B) in the case of a project that consists of upgrading an
existing transmission line or constructing a new transmission
line in an existing transmission, transportation, or
telecommunications infrastructure corridor, 500 megawatts.
(3) Eligible entity.--The term ``eligible entity'' means an
entity seeking to carry out an eligible project.
(4) Eligible project.--The term ``eligible project'' means a
project (including any related facility)--
(A) to construct a new or replace an existing eligible
electric power transmission line;
(B) to increase the transmission capacity of an existing
eligible electric power transmission line; or
(C) to connect an isolated microgrid to an existing
transmission, transportation, or telecommunications
infrastructure corridor located in Alaska, Hawaii, or a
territory of the United States.
(5) Fund.--The term ``Fund'' means the Transmission
Facilitation Fund established by subsection (d)(1).
(6) Program.--The term ``program'' means the Transmission
Facilitation Program established by subsection (b).
(7) Related facility.--
(A) In general.--The term ``related facility'' means a
facility related to an eligible project described in paragraph
(4).
(B) Exclusions.--The term ``related facility'' does not
include--
(i) facilities used primarily to generate electric
energy; or
(ii) facilities used in the local distribution of
electric energy.
(b) Establishment.--There is established a program, to be known as
the ``Transmission Facilitation Program'', under which the Secretary
shall facilitate the construction of electric power transmission lines
and related facilities in accordance with subsection (e).
(c) Applications.--
(1) In general.--To be eligible for assistance under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Procedures.--The Secretary shall establish procedures for
the solicitation and review of applications from eligible entities.
(d) Funding.--
(1) Transmission facilitation fund.--There is established in
the Treasury a fund, to be known as the ``Transmission Facilitation
Fund'', consisting of--
(A) all amounts received by the Secretary, including
receipts, collections, and recoveries, from any source relating
to expenses incurred by the Secretary in carrying out the
program, including--
(i) costs recovered pursuant to paragraph (4);
(ii) amounts received as repayment of a loan issued to
an eligible entity under subsection (e)(1)(B); and
(iii) amounts contributed by eligible entities for the
purpose of carrying out an eligible project with respect to
which the Secretary is participating with the eligible
entity under subsection (e)(1)(C);
(B) all amounts borrowed from the Secretary of the Treasury
by the Secretary for the program under paragraph (2); and
(C) any amounts appropriated to the Secretary for the
program.
(2) Borrowing authority.--The Secretary of the Treasury may,
without further appropriation and without fiscal year limitation,
loan to the Secretary on such terms as may be fixed by the
Secretary and the Secretary of the Treasury, such sums as, in the
judgment of the Secretary, are from time to time required for the
purpose of carrying out the program, not to exceed, in the
aggregate (including deferred interest), $2,500,000,000 in
outstanding repayable balances at any 1 time.
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program, including
for any administrative expenses of carrying out the program that
are not recovered under paragraph (4), $10,000,000 for each of
fiscal years 2022 through 2026.
(4) Cost recovery.--
(A) In general.--Except as provided in subparagraph (B),
the cost of any facilitation activities carried out by the
Secretary under subsection (e)(1) shall be collected--
(i) from eligible entities receiving the benefit of the
applicable facilitation activity, on a schedule to be
determined by the Secretary; or
(ii) with respect to a contracted transmission capacity
under subsection (e)(1)(A) through rates charged for the
use of the contracted transmission capacity.
(B) Forgiveness of balances.--
(i) Termination or end of useful life.--If, at the end
of the useful life of an eligible project or the
termination of a capacity contract under subsection (f)(5),
there is a remaining balance owed to the Treasury under
this section, the balance shall be forgiven.
(ii) Unconstructed projects.--Funds expended to study
projects that are considered pursuant to this section but
that are not constructed shall be forgiven.
(C) Recovery of costs of eligible projects.--The Secretary
may collect the costs of any activities carried out by the
Secretary with respect to an eligible project in which the
Secretary participates with an eligible entity under subsection
(e)(1)(C) through rates charged to customers benefitting from
the new transmission capability provided by the eligible
project.
(e) Facilitation of Eligible Projects.--
(1) In general.--To facilitate eligible projects, the Secretary
may--
(A) subject to subsections (f) and (i), enter into a
capacity contract with respect to an eligible project prior to
the date on which the eligible project is completed;
(B) subject to subsections (g) and (i), issue a loan to an
eligible entity for the costs of carrying out an eligible
project; or
(C) subject to subsections (h) and (i), participate with an
eligible entity in designing, developing, constructing,
operating, maintaining, or owning an eligible project.
(2) Requirement.--The provision and receipt of assistance for
an eligible project under paragraph (1) shall be subject to such
terms and conditions as the Secretary determines to be
appropriate--
(A) to ensure the success of the program; and
(B) to protect the interests of the United States.
(f) Capacity Contracts.--
(1) Purpose.--In entering into capacity contracts under
subsection (e)(1)(A), the Secretary shall seek to enter into
capacity contracts that will encourage other entities to enter into
contracts for the transmission capacity of the eligible project.
(2) Payment.--The amount paid by the Secretary to an eligible
entity under a capacity contract for the right to the use of the
transmission capacity of an eligible project shall be--
(A) the fair market value for the use of the transmission
capacity, as determined by the Secretary, taking into account,
as the Secretary determines to be necessary, the comparable
value for the use of the transmission capacity of other
electric power transmission lines; and
(B) on a schedule and in such divided amounts, which may be
a single amount, that the Secretary determines are likely to
facilitate construction of the eligible project, taking into
account standard industry practice and factors specific to each
applicant, including, as applicable--
(i) potential review by a State regulatory entity of
the revenue requirement of an electric utility; and
(ii) the financial model of an independent transmission
developer.
(3) Limitations.--A capacity contract shall--
(A) be for a term of not more than 40 years; and
(B) be for not more than 50 percent of the total proposed
transmission capacity of the applicable eligible project.
(4) Transmission marketing.--
(A) In general.--If the Secretary has not terminated a
capacity contract under paragraph (5) before the applicable
eligible project enters into service, the Secretary may enter
into 1 or more contracts with a third party to market the
transmission capacity of the eligible project to which the
Secretary holds rights under the capacity contract.
(B) Return.--Subject to subparagraph (D), the Secretary
shall seek to ensure that any contract entered into under
subparagraph (A) maximizes the financial return to the Federal
Government.
(C) Competitive solicitation.--The Secretary shall only
select third parties for contracts under this paragraph through
a competitive solicitation.
(D) Requirement.--The marketing of capacity pursuant to
this subsection, including any marketing by a third party under
subparagraph (A), shall be undertaken consistent with the
requirements of the Federal Power Act (16 U.S.C. 791a et seq.).
(5) Termination.--
(A) In general.--The Secretary shall seek to terminate a
capacity contract as soon as practicable after determining that
sufficient transmission capacity of the eligible project has
been secured by other entities to ensure the long-term
financial viability of the eligible project, including through
1 or more transfers under subparagraph (B).
(B) Transfer.--On payment to the Secretary by a third party
for transmission capacity to which the Secretary has rights
under a capacity contract, the Secretary may transfer the
rights to that transmission capacity to that third party.
(C) Relinquishment.--On payment to the Secretary by the
applicable eligible entity for transmission capacity to which
the Secretary has rights under a capacity contract, the
Secretary may relinquish the rights to that transmission
capacity to the eligible entity.
(D) Requirement.--A payment under subparagraph (B) or (C)
shall be in an amount sufficient for the Secretary to recover
any remaining costs incurred by the Secretary with respect to
the quantity of transmission capacity affected by the transfer
under subparagraph (B) or the relinquishment under subparagraph
(C), as applicable.
(6) Other federal capacity positions.--The existence of a
capacity contract does not preclude a Federal entity, including a
Federal power marketing administration, from otherwise securing
transmission capacity at any time from an eligible project, to the
extent that the Federal entity is authorized to secure that
transmission capacity.
(7) Form of financial assistance.--Entering into a capacity
contract under subsection (e)(1)(A) shall be considered a form of
financial assistance described in section 1508.1(q)(1)(vii) of
title 40, Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(8) Transmission planning region consultation.--Prior to
entering into a capacity contract under this subsection, the
Secretary shall consult with the relevant transmission planning
region regarding the transmission planning region's identification
of needs, and the Secretary shall minimize, to the extent possible,
duplication or conflict with the transmission planning region's
needs determination and selection of projects that meet such needs.
(g) Interest Rate on Loans.--The rate of interest to be charged in
connection with any loan made by the Secretary to an eligible entity
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into
consideration market yields on outstanding marketable obligations of
the United States of comparable maturities as of the date of the loan.
(h) Public-private Partnerships.--The Secretary may participate
with an eligible entity with respect to an eligible project under
subsection (e)(1)(C) if the Secretary determines that the eligible
project--
(1)(A) is located in an area designated as a national interest
electric transmission corridor pursuant to section 216(a) of the
Federal Power Act 16 U.S.C. 824p(a); or
(B) is necessary to accommodate an actual or projected increase
in demand for electric transmission capacity across more than 1
State or transmission planning region;
(2) is consistent with efficient and reliable operation of the
transmission grid;
(3) will be operated in conformance with prudent utility
practices;
(4) will be operated in conformance with the rules of--
(A) a Transmission Organization (as defined in section 3 of
the Federal Power Act (16 U.S.C. 796)), if applicable; or
(B) a regional reliability organization; and
(5) is not duplicative of the functions of existing
transmission facilities that are the subject of ongoing siting and
related permitting proceedings.
(i) Certification.--Prior to taking action to facilitate an
eligible project under subparagraph (A), (B), or (C) of subsection
(e)(1), the Secretary shall certify that--
(1) the eligible project is in the public interest;
(2) the eligible project is unlikely to be constructed in as
timely a manner or with as much transmission capacity in the
absence of facilitation under this section, including with respect
to an eligible project for which a Federal investment tax credit
may be allowed; and
(3) it is reasonable to expect that the proceeds from the
eligible project will be adequate, as applicable--
(A) to recover the cost of a capacity contract entered into
under subsection (e)(1)(A);
(B) to repay a loan provided under subsection (e)(1)(B); or
(C) to repay any amounts borrowed from the Secretary of the
Treasury under subsection (d)(2).
(j) Other Authorities, Limitations, and Effects.--
(1) Participation.--The Secretary may permit other entities to
participate in the financing, construction, and ownership of
eligible projects facilitated under this section.
(2) Operations and maintenance.--Facilitation by the Secretary
of an eligible project under this section does not create any
obligation on the part of the Secretary to operate or maintain the
eligible project.
(3) Federal facilities.--For purposes of cost recovery under
subsection (d)(4) and repayment of a loan issued under subsection
(e)(1)(B), each eligible project facilitated by the Secretary under
this section shall be treated as separate and distinct from--
(A) each other eligible project; and
(B) all other Federal power and transmission facilities.
(4) Effect on ancillary services authority and obligations.--
Nothing in this section confers on the Secretary or any Federal
power marketing administration any additional authority or
obligation to provide ancillary services to users of transmission
facilities constructed or upgraded under this section.
(5) Effect on western area power administration projects.--
Nothing in this section affects--
(A) any pending project application before the Western Area
Power Administration under section 301 of the Hoover Power
Plant Act of 1984 (42 U.S.C. 16421a); or
(B) any agreement entered into by the Western Power
Administration under that section.
(6) Third-party finance.--Nothing in this section precludes an
eligible project facilitated under this section from being eligible
as a project under section 1222 of the Energy Policy Act of 2005
(42 U.S.C. 16421).
(7) Limitation on loans.--An eligible project may not be the
subject of both--
(A) a loan under subsection (e)(1)(B); and
(B) a Federal loan under section 301 of the Hoover Power
Plant Act of 1984 (42 U.S.C. 16421a).
(8) Considerations.--In evaluating eligible projects for
possible facilitation under this section, the Secretary shall
prioritize projects that, to the maximum extent practicable--
(A) use technology that enhances the capacity, efficiency,
resiliency, or reliability of an electric power transmission
system, including--
(i) reconductoring of an existing electric power
transmission line with advanced conductors; and
(ii) hardware or software that enables dynamic line
ratings, advanced power flow control, or grid topology
optimization;
(B) will improve the resiliency and reliability of an
electric power transmission system;
(C) facilitate interregional transfer capacity that
supports strong and equitable economic growth; and
(D) contribute to national or subnational goals to lower
electricity sector greenhouse gas emissions.
SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY.
(a) In General.--Section 1306 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17386) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``the date of enactment of this Act'' and inserting ``the date
of enactment of the Infrastructure Investment and Jobs Act'';
(B) by redesignating paragraph (9) as paragraph (14); and
(C) by inserting after paragraph (8) the following:
``(9) In the case of data analytics that enable software to
engage in Smart Grid functions, the documented purchase costs of
the data analytics.
``(10) In the case of buildings, the documented expenses for
devices and software, including for installation, that allow
buildings to engage in demand flexibility or Smart Grid functions.
``(11) In the case of utility communications, operational fiber
and wireless broadband communications networks to enable data flow
between distribution system components.
``(12) In the case of advanced transmission technologies such
as dynamic line rating, flow control devices, advanced conductors,
network topology optimization, or other hardware, software, and
associated protocols applied to existing transmission facilities
that increase the operational transfer capacity of a transmission
network, the documented expenditures to purchase and install those
advanced transmission technologies.
``(13) In the case of extreme weather or natural disasters, the
ability to redirect or shut off power to minimize blackouts and
avoid further damage.''; and
(2) in subsection (d)--
(A) by redesignating paragraph (9) as paragraph (16); and
(B) by inserting after paragraph (8) the following:
``(9) The ability to use data analytics and software-as-service
to provide flexibility by improving the visibility of the
electrical system to grid operators that can help quickly rebalance
the electrical system with autonomous controls.
``(10) The ability to facilitate the aggregation or integration
of distributed energy resources to serve as assets for the grid.
``(11) The ability to provide energy storage to meet
fluctuating electricity demand, provide voltage support, and
integrate intermittent generation sources, including vehicle-to-
grid technologies.
``(12) The ability of hardware, software, and associated
protocols applied to existing transmission facilities to increase
the operational transfer capacity of a transmission network.
``(13) The ability to anticipate and mitigate impacts of
extreme weather or natural disasters on grid resiliency.
``(14) The ability to facilitate the integration of renewable
energy resources, electric vehicle charging infrastructure, and
vehicle-to-grid technologies.
``(15) The ability to reliably meet increased demand from
electric vehicles and the electrification of appliances and other
sectors.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Smart Grid Investment
Matching Grant Program established under section 1306(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17386(a))
$3,000,000,000 for fiscal year 2022, to remain available through
September 30, 2026.
SEC. 40108. STATE ENERGY SECURITY PLANS.
(a) In General.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
(1) in section 361--
(A) by striking the section designation and heading and all
that follows through ``The Congress'' and inserting the
following:
``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
``(a) Findings.--Congress'';
(B) in subsection (b), by striking ``(b) It is'' and
inserting the following:
``(b) Purpose.--It is''; and
(C) by adding at the end the following:
``(c) Definitions.--In this part:'';
(2) in section 366--
(A) in paragraph (3)(B)(i), by striking ``approved under
section 367, and'' ; and inserting ``; and'';
(B) in each of paragraphs (1) through (8), by inserting a
paragraph heading, the text of which is comprised of the term
defined in the paragraph; and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (6), respectively, and moving the paragraphs so as to
appear in numerical order;
(3) by moving paragraphs (1) through (8) of section 366 (as so
redesignated) so as to appear after subsection (c) of section 361
(as designated by paragraph (1)(C)); and
(4) by amending section 366 to read as follows:
``SEC. 366. STATE ENERGY SECURITY PLANS.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has the
meaning given the term in section 215(a) of the Federal Power Act
(16 U.S.C. 824o(a)).
``(2) State energy security plan.--The term `State energy
security plan' means a State energy security plan described in
subsection (b).
``(b) Financial Assistance for State Energy Security Plans.--
Federal financial assistance made available to a State under this part
may be used for the development, implementation, review, and revision
of a State energy security plan that--
``(1) assesses the existing circumstances in the State; and
``(2) proposes methods to strengthen the ability of the State,
in consultation with owners and operators of energy infrastructure
in the State--
``(A) to secure the energy infrastructure of the State
against all physical and cybersecurity threats;
``(B)(i) to mitigate the risk of energy supply disruptions
to the State; and
``(ii) to enhance the response to, and recovery from,
energy disruptions; and
``(C) to ensure that the State has reliable, secure, and
resilient energy infrastructure.
``(c) Contents of Plan.--A State energy security plan shall--
``(1) address all energy sources and regulated and unregulated
energy providers;
``(2) provide a State energy profile, including an assessment
of energy production, transmission, distribution, and end-use;
``(3) address potential hazards to each energy sector or
system, including--
``(A) physical threats and vulnerabilities; and
``(B) cybersecurity threats and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure and
cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance reliability
and end-use resilience; and
``(6)(A) address--
``(i) multi-State and regional coordination, planning, and
response; and
``(ii) coordination with Indian Tribes with respect to
planning and response; and
``(B) to the extent practicable, encourage mutual assistance in
cyber and physical response plans.
``(d) Coordination.--In developing or revising a State energy
security plan, the State energy office of the State shall coordinate,
to the extent practicable, with--
``(1) the public utility or service commission of the State;
``(2) energy providers from the private and public sectors; and
``(3) other entities responsible for--
``(A) maintaining fuel or electric reliability; and
``(B) securing energy infrastructure.
``(e) Financial Assistance.--A State is not eligible to receive
Federal financial assistance under this part for any purpose for a
fiscal year unless the Governor of the State submits to the Secretary,
with respect to that fiscal year--
``(1) a State energy security plan that meets the requirements
of subsection (c); or
``(2) after an annual review, carried out by the Governor, of a
State energy security plan--
``(A) any necessary revisions to the State energy security
plan; or
``(B) a certification that no revisions to the State energy
security plan are necessary.
``(f) Technical Assistance.--On request of the Governor of a State,
the Secretary, in consultation with the Secretary of Homeland Security,
may provide information, technical assistance, and other assistance in
the development, implementation, or revision of a State energy security
plan.
``(g) Requirement.--Each State receiving Federal financial
assistance under this part shall provide reasonable assurance to the
Secretary that the State has established policies and procedures
designed to assure that the financial assistance will be used--
``(1) to supplement, and not to supplant, State and local
funds; and
``(2) to the maximum extent practicable, to increase the amount
of State and local funds that otherwise would be available, in the
absence of the Federal financial assistance, for the implementation
of a State energy security plan.
``(h) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
``(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
``(2) shall not be made available by any Federal agency, State,
political subdivision of a State, or Tribal authority pursuant to
any Federal, State, political subdivision of a State, or Tribal
law, respectively, requiring public disclosure of information or
records.
``(i) Sunset.--The requirements of this section shall expire on
October 31, 2025.''.
(b) Clerical Amendments.--The table of contents of the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is
amended--
(1) by striking the item relating to section 361 and inserting
the following:
``Sec. 361. Findings; purpose; definitions.''; and
(2) by striking the item relating to section 366 and inserting
the following:
``Sec. 366. State energy security plans.''.
(c) Conforming Amendments.--
(1) Section 509(i)(3) of the Housing and Urban Development Act
of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking
``prescribed for such terms in section 366 of the Energy Policy and
Conservation Act'' and inserting ``given the terms in section
361(c) of the Energy Policy and Conservation Act''.
(2) Section 363 of the Energy Policy and Conservation Act (42
U.S.C. 6323) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(3) Section 451(i)(3) of the Energy Conservation and Production
Act (42 U.S.C. 6881(i)(3)) is amended by striking ``prescribed for
such terms in section 366 of the Federal Energy Policy and
Conservation Act'' and inserting ``given the terms in section
361(c) of the Energy Policy and Conservation Act''.
SEC. 40109. STATE ENERGY PROGRAM.
(a) Collaborative Transmission Siting.--Section 362(c) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the mandatory conduct of activities to support
transmission and distribution planning, including--
``(A) support for local governments and Indian Tribes;
``(B) feasibility studies for transmission line routes and
alternatives;
``(C) preparation of necessary project design and permits;
and
``(D) outreach to affected stakeholders.''.
(b) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) programs to increase transportation energy efficiency,
including programs to help reduce carbon emissions in the
transportation sector by 2050 and accelerate the use of alternative
transportation fuels for, and the electrification of, State
government vehicles, fleet vehicles, taxis and ridesharing
services, mass transit, school buses, ferries, and privately owned
passenger and medium- and heavy-duty vehicles;''.
(c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325)
is amended by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this part $500,000,000 for the period of fiscal years
2022 through 2026.
``(2) Distribution.--Amounts made available under paragraph
(1)--
``(A) shall be distributed to the States in accordance with
the applicable distribution formula in effect on January 1,
2021; and
``(B) shall not be subject to the matching requirement
described in the first proviso of the matter under the heading
`energy conservation' under the heading `DEPARTMENT OF ENERGY'
in title II of the Department of the Interior and Related
Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).''.
SEC. 40110. POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING
AUTHORITY.
(a) Borrowing Authority.--
(1) In general.--Subject to paragraph (2), for the purposes of
providing funds to assist in the financing of the construction,
acquisition, and replacement of the Federal Columbia River Power
System and to implement the authority of the Administrator of the
Bonneville Power Administration (referred to in this section as the
``Administrator'') under the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C. 839 et seq.), an
additional $10,000,000,000 in borrowing authority is made available
under the Federal Columbia River Transmission System Act (16 U.S.C.
838 et seq.), to remain outstanding at any 1 time.
(2) Limitation.--The obligation of additional borrowing
authority under paragraph (1) shall not exceed $6,000,000,000 by
fiscal year 2028.
(b) Financial Plan.--
(1) In general.--The Administrator shall issue an updated
financial plan by the end of fiscal year 2022.
(2) Requirement.--As part of the process of issuing an updated
financial plan under paragraph (1), the Administrator shall--
(A) consistent with asset management planning and sound
business principles, consider projected and planned use and
allocation of the borrowing authority of the Administrator
across the mission responsibilities of the Bonneville Power
Administration; and
(B) before issuing the final updated financial plan--
(i) engage, in a manner determined by the
Administrator, with customers with respect to a draft of
the updated plan; and
(ii) consider as a relevant factor any recommendations
from customers regarding prioritization of asset
investments.
(c) Stakeholder Engagement.--The Administrator shall--
(1) engage, in a manner determined by the Administrator, with
customers and stakeholders with respect to the financial and cost
management efforts of the Administrator through periodic program
reviews; and
(2) to the maximum extent practicable, implement those policies
that would be expected to be consistent with the lowest possible
power and transmission rates consistent with sound business
principles.
(d) Repayment.--Any additional Treasury borrowing authority
received under this section shall be fully repaid to the Treasury in a
manner consistent with the applicable self-financed Federal budget
accounts.
SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE
SYSTEMS ACROSS SECTORS.
(a) In General.--The Secretary shall conduct a study of types and
commercial applications of codes and standards applied to--
(1) stationary energy storage systems;
(2) mobile energy storage systems; and
(3) energy storage systems that move between stationary and
mobile applications, such as electric vehicle batteries or
batteries repurposed for new applications.
(b) Purposes.--The purposes of the study conducted under subsection
(a) shall be--
(1) to identify barriers, foster collaboration, and increase
conformity across sectors relating to--
(A) use of emerging energy storage technologies; and
(B) use cases, such as vehicle-to-grid integration;
(2) to identify all existing codes and standards that apply to
energy storage systems;
(3) to identify codes and standards that require revision or
enhancement;
(4) to enhance the safe implementation of energy storage
systems; and
(5) to receive formal input from stakeholders regarding--
(A) existing codes and standards; and
(B) new or revised codes and standards.
(c) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult with all relevant standards-developing
organizations and other entities with expertise regarding energy
storage system safety.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the results of the study conducted under subsection (a).
SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE
APPLICATIONS FOR GRID SERVICES.
Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is
amended--
(1) in paragraph (1)--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``including at'' and inserting the
following: ``including--
``(A) at''; and
(C) by adding at the end the following:
``(B) 1 project to demonstrate second-life applications of
electric vehicle batteries as aggregated energy storage
installations to provide services to the electric grid, in
accordance with paragraph (3).'';
(2) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Demonstration of electric vehicle battery second-life
applications for grid services.--
``(A) In general.--The Secretary shall enter into an
agreement to carry out a project to demonstrate second-life
applications of electric vehicle batteries as aggregated energy
storage installations to provide services to the electric grid.
``(B) Purposes.--The purposes of the project under
subparagraph (A) shall be--
``(i) to demonstrate power safety and the reliability
of the applications demonstrated under the program;
``(ii) to demonstrate the ability of electric vehicle
batteries--
``(I) to provide ancillary services for grid
stability and management; and
``(II) to reduce the peak loads of homes and
businesses;
``(iii) to extend the useful life of electric vehicle
batteries and the components of electric vehicle batteries
prior to the collection, recycling, and reprocessing of the
batteries and components; and
``(iv) to increase acceptance of, and participation in,
the use of second-life applications of electric vehicle
batteries by utilities.
``(C) Priority.--In selecting a project to carry out under
subparagraph (A), the Secretary shall give priority to projects
in which the demonstration of the applicable second-life
applications is paired with 1 or more facilities that could
particularly benefit from increased resiliency and lower energy
costs, such as a multi-family affordable housing facility, a
senior care facility, and a community health center.''.
SEC. 40113. COLUMBIA BASIN POWER MANAGEMENT.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the account
established by subsection (b)(1).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(3) Canadian entitlement.--The term ``Canadian Entitlement''
means the downstream power benefits that Canada is entitled to
under Article V of the Treaty Relating to Cooperative Development
of the Water Resources of the Columbia River Basin, signed at
Washington January 17, 1961 (15 UST 1555; TIAS 5638).
(b) Transmission Coordination and Expansion.--
(1) Establishment.--There is established in the Treasury an
account for the purposes of making expenditures to increase
bilateral transfers of renewable electric generation between the
western United States and Canada.
(2) Criteria.--
(A) In general.--The Administrator may make expenditures
from the Account for activities to improve electric power
system coordination by constructing electric power transmission
facilities within the western United States that directly or
indirectly facilitate non-carbon emitting electric power
transactions between the western United States and Canada.
(B) Application.--Subparagraph (A) shall be effective after
the later of--
(i) September 16, 2024; and
(ii) the date on which the Canadian entitlement value
calculation is terminated or reduced to the actual electric
power value to the United States, as determined by the
Administrator.
(3) Consultation.--The Administrator shall consult with
relevant electric utilities in Canada and appropriate regional
transmission planning organizations in considering the construction
of transmission activities under this subsection.
(4) Authorization.--There is authorized to be appropriated to
the Account a nonreimburseable amount equal to the aggregated
amount of the Canadian Entitlement during the 5-year period
preceding the date of enactment of this Act.
(c) Increased Hydroelectric Capacity.--
(1) In general.--The Commissioner of Reclamation shall
rehabilitate and enhance the John W. Keys III Pump Generating
Plant--
(A) to replace obsolete equipment;
(B) to maintain reliability and improve efficiency in
system performance and operation;
(C) to create more hydroelectric power capacity in the
Pacific Northwest; and
(D) to ensure the availability of water for irrigation in
the event that Columbia River water flows from British Columbia
into the United States are insufficient after September 16,
2024.
(2) Authorization of appropriations.--There is authorized to be
appropriated $100,000,000, which shall be nonreimburseable, to
carry out this subsection.
(d) Power Coordination Study.--
(1) In general.--The Administrator shall conduct a study
considering the potential hydroelectric power value to the Pacific
Northwest of increasing the coordination of the operation of
hydroelectric and water storage facilities on rivers located in the
United States and Canada.
(2) Criteria.--The study conducted under paragraph (1) shall
analyze--
(A) projected changes to the Pacific Northwest electricity
supply;
(B) potential reductions in greenhouse gas emissions;
(C) any potential need to increase transmission capacity;
and
(D) any other factor the Administrator considers to be
relevant for increasing bilateral coordination.
(3) Coordination.--In conducting the study under paragraph (1),
the Administrator shall coordinate, to the extent practicable,
with--
(A) the British Columbia or a crown corporation owned by
British Columbia;
(B) the Assistant Secretary;
(C) the Commissioner of Reclamation; and
(D) any public utility districts that operate hydroelectric
projects on the mainstem of the Columbia River.
(4) Authorization of appropriations.--There is authorized to be
appropriated $10,000,000, which shall be nonreimburseable, to carry
out this subsection.
Subtitle B--Cybersecurity
SEC. 40121. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE
PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Bulk-power system; electric reliability organization.--The
terms ``bulk-power system'' and ``Electric Reliability
Organization'' has the meaning given the terms in section 215(a) of
the Federal Power Act (16 U.S.C. 824o(a)).
(2) Electric utility; state regulatory authority.--The terms
``electric utility'' and ``State regulatory authority'' have the
meanings given the terms in section 3 of the Federal Power Act (16
U.S.C. 796).
(b) Program to Promote and Advance Physical Security and
Cybersecurity of Electric Utilities.--
(1) Establishment.--The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with, as the
Secretary determines to be appropriate, the heads of other relevant
Federal agencies, State regulatory authorities, industry
stakeholders, and the Electric Reliability Organization, shall
carry out a program--
(A) to develop, and provide for voluntary implementation
of, maturity models, self-assessments, and auditing methods for
assessing the physical security and cybersecurity of electric
utilities;
(B) to assist with threat assessment and cybersecurity
training for electric utilities;
(C) to provide technical assistance for electric utilities
subject to the program;
(D) to provide training to electric utilities to address
and mitigate cybersecurity supply chain management risks;
(E) to advance, in partnership with electric utilities, the
cybersecurity of third-party vendors that manufacture
components of the electric grid;
(F) to increase opportunities for sharing best practices
and data collection within the electric sector; and
(G) to assist, in the case of electric utilities that own
defense critical electric infrastructure (as defined in section
215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))), with
full engineering reviews of critical functions and operations
at both the utility and defense infrastructure levels--
(i) to identify unprotected avenues for cyber-enabled
sabotage that would have catastrophic effects to national
security; and
(ii) to recommend and implement engineering protections
to ensure continued operations of identified critical
functions even in the face of constant cyber attacks and
achieved perimeter access by sophisticated adversaries.
(2) Scope.--In carrying out the program under paragraph (1),
the Secretary shall--
(A) take into consideration--
(i) the different sizes of electric utilities; and
(ii) the regions that electric utilities serve;
(B) prioritize electric utilities with fewer available
resources due to size or region; and
(C) to the maximum extent practicable, use and leverage--
(i) existing Department and Department of Homeland
Security programs; and
(ii) existing programs of the Federal agencies
determined to be appropriate under paragraph (1).
(c) Report on Cybersecurity of Distribution Systems.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
coordination with the Secretary of Homeland Security and in
consultation with, as the Secretary determines to be appropriate, the
heads of other Federal agencies, State regulatory authorities, and
industry stakeholders, shall submit to Congress a report that
assesses--
(1) priorities, policies, procedures, and actions for enhancing
the physical security and cybersecurity of electricity distribution
systems, including behind-the-meter generation, storage, and load
management devices, to address threats to, and vulnerabilities of,
electricity distribution systems; and
(2) the implementation of the priorities, policies, procedures,
and actions assessed under paragraph (1), including--
(A) an estimate of potential costs and benefits of the
implementation; and
(B) an assessment of any public-private cost-sharing
opportunities.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code; and
(2) shall not be made available by any Federal agency, State,
political subdivision of a State, or Tribal authority pursuant to
any Federal, State, political subdivision of a State, or Tribal
law, respectively, requiring public disclosure of information or
records.
SEC. 40122. ENERGY CYBER SENSE PROGRAM.
(a) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has the
meaning given the term in section 215(a) of the Federal Power Act
(16 U.S.C. 824o(a)).
(2) Program.--The term ``program'' means the voluntary Energy
Cyber Sense program established under subsection (b).
(b) Establishment.--The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with the heads of
other relevant Federal agencies, shall establish a voluntary Energy
Cyber Sense program to test the cybersecurity of products and
technologies intended for use in the energy sector, including in the
bulk-power system.
(c) Program Requirements.--In carrying out subsection (b), the
Secretary, in coordination with the Secretary of Homeland Security and
in consultation with the heads of other relevant Federal agencies,
shall--
(1) establish a testing process under the program to test the
cybersecurity of products and technologies intended for use in the
energy sector, including products relating to industrial control
systems and operational technologies, such as supervisory control
and data acquisition systems;
(2) for products and technologies tested under the program,
establish and maintain cybersecurity vulnerability reporting
processes and a related database that are integrated with Federal
vulnerability coordination processes;
(3) provide technical assistance to electric utilities, product
manufacturers, and other energy sector stakeholders to develop
solutions to mitigate identified cybersecurity vulnerabilities in
products and technologies tested under the program;
(4) biennially review products and technologies tested under
the program for cybersecurity vulnerabilities and provide analysis
with respect to how those products and technologies respond to and
mitigate cyber threats;
(5) develop guidance that is informed by analysis and testing
results under the program for electric utilities and other
components of the energy sector for the procurement of products and
technologies;
(6) provide reasonable notice to, and solicit comments from,
the public prior to establishing or revising the testing process
under the program;
(7) oversee the testing of products and technologies under the
program; and
(8) consider incentives to encourage the use of analysis and
results of testing under the program in the design of products and
technologies for use in the energy sector.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any component
of the energy sector, including any electric utility or the bulk-power
system--
(1) shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code; and
(2) shall not be made available by any Federal agency, State,
political subdivision of a State, or Tribal authority pursuant to
any Federal, State, political subdivision of a State, or Tribal
law, respectively, requiring public disclosure of information or
records.
(e) Federal Government Liability.--Nothing in this section
authorizes the commencement of an action against the United States with
respect to the testing of a product or technology under the program.
SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY
INVESTMENT.
Part II of the Federal Power Act is amended by inserting after
section 219 (16 U.S.C. 824s) the following:
``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
``(a) Definitions.--In this section:
``(1) Advanced cybersecurity technology.--The term `advanced
cybersecurity technology' means any technology, operational
capability, or service, including computer hardware, software, or a
related asset, that enhances the security posture of public
utilities through improvements in the ability to protect against,
detect, respond to, or recover from a cybersecurity threat (as
defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C.
1501)).
``(2) Advanced cybersecurity technology information.--The term
`advanced cybersecurity technology information' means information
relating to advanced cybersecurity technology or proposed advanced
cybersecurity technology that is generated by or provided to the
Commission or another Federal agency.
``(b) Study.--Not later than 180 days after the date of enactment
of this section, the Commission, in consultation with the Secretary of
Energy, the North American Electric Reliability Corporation, the
Electricity Subsector Coordinating Council, and the National
Association of Regulatory Utility Commissioners, shall conduct a study
to identify incentive-based, including performance-based, rate
treatments for the transmission and sale of electric energy subject to
the jurisdiction of the Commission that could be used to encourage--
``(1) investment by public utilities in advanced cybersecurity
technology; and
``(2) participation by public utilities in cybersecurity threat
information sharing programs.
``(c) Incentive-Based Rate Treatment.--Not later than 1 year after
the completion of the study under subsection (b), the Commission shall
establish, by rule, incentive-based, including performance-based, rate
treatments for the transmission of electric energy in interstate
commerce and the sale of electric energy at wholesale in interstate
commerce by public utilities for the purpose of benefitting consumers
by encouraging--
``(1) investments by public utilities in advanced cybersecurity
technology; and
``(2) participation by public utilities in cybersecurity threat
information sharing programs.
``(d) Factors for Consideration.--In issuing a rule pursuant to
this section, the Commission may provide additional incentives beyond
those identified in subsection (c) in any case in which the Commission
determines that an investment in advanced cybersecurity technology or
information sharing program costs will reduce cybersecurity risks to--
``(1) defense critical electric infrastructure (as defined in
section 215A(a)) and other facilities subject to the jurisdiction
of the Commission that are critical to public safety, national
defense, or homeland security, as determined by the Commission in
consultation with--
``(A) the Secretary of Energy;
``(B) the Secretary of Homeland Security; and
``(C) other appropriate Federal agencies; and
``(2) facilities of small or medium-sized public utilities with
limited cybersecurity resources, as determined by the Commission.
``(e) Ratepayer Protection.--
``(1) In general.--Any rate approved under a rule issued
pursuant to this section, including any revisions to that rule,
shall be subject to the requirements of sections 205 and 206 that
all rates, charges, terms, and conditions--
``(A) shall be just and reasonable; and
``(B) shall not be unduly discriminatory or preferential.
``(2) Prohibition of duplicate recovery.--Any rule issued
pursuant to this section shall preclude rate treatments that allow
unjust and unreasonable double recovery for advanced cybersecurity
technology.
``(f) Single-Issue Rate Filings.--The Commission shall permit
public utilities to apply for incentive-based rate treatment under a
rule issued under this section on a single-issue basis by submitting to
the Commission a tariff schedule under section 205 that permits
recovery of costs and incentives over the depreciable life of the
applicable assets, without regard to changes in receipts or other costs
of the public utility.
``(g) Protection of Information.--Advanced cybersecurity technology
information that is provided to, generated by, or collected by the
Federal Government under subsection (b), (c), or (f) shall be
considered to be critical electric infrastructure information under
section 215A.''.
SEC. 40124. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT
AND TECHNICAL ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced cybersecurity technology.--The term ``advanced
cybersecurity technology'' means any technology, operational
capability, or service, including computer hardware, software, or a
related asset, that enhances the security posture of electric
utilities through improvements in the ability to protect against,
detect, respond to, or recover from a cybersecurity threat (as
defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C.
1501)).
(2) Bulk-power system.--The term ``bulk-power system'' has the
meaning given the term in section 215(a) of the Federal Power Act
(16 U.S.C. 824o(a)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a State,
such as a municipally owned electric utility;
(C) a utility owned by any agency, authority, corporation,
or instrumentality of 1 or more political subdivisions of a
State;
(D) a not-for-profit entity that is in a partnership with
not fewer than 6 entities described in subparagraph (A), (B),
or (C); and
(E) an investor-owned electric utility that sells less than
4,000,000 megawatt hours of electricity per year.
(4) Program.--The term ``Program'' means the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of Homeland Security and in consultation with the Federal
Energy Regulatory Commission, the North American Electric Reliability
Corporation, and the Electricity Subsector Coordinating Council, shall
establish a program, to be known as the ``Rural and Municipal Utility
Advanced Cybersecurity Grant and Technical Assistance Program'', to
provide grants and technical assistance to, and enter into cooperative
agreements with, eligible entities to protect against, detect, respond
to, and recover from cybersecurity threats.
(c) Objectives.--The objectives of the Program shall be--
(1) to deploy advanced cybersecurity technologies for electric
utility systems; and
(2) to increase the participation of eligible entities in
cybersecurity threat information sharing programs.
(d) Awards.--
(1) In general.--The Secretary--
(A) shall award grants and provide technical assistance
under the Program to eligible entities on a competitive basis;
(B) shall develop criteria and a formula for awarding
grants and providing technical assistance under the Program;
(C) may enter into cooperative agreements with eligible
entities that can facilitate the objectives described in
subsection (c); and
(D) shall establish a process to ensure that all eligible
entities are informed about and can become aware of
opportunities to receive grants or technical assistance under
the Program.
(2) Priority for grants and technical assistance.--In awarding
grants and providing technical assistance under the Program, the
Secretary shall give priority to an eligible entity that, as
determined by the Secretary--
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the bulk-
power system; or
(C) owns defense critical electric infrastructure (as
defined in section 215A(a) of the Federal Power Act (16 U.S.C.
824o-1(a))).
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code; and
(2) shall not be made available by any Federal agency, State,
political subdivision of a State, or Tribal authority pursuant to
any Federal, State, political subdivision of a State, or Tribal
law, respectively, requiring public disclosure of information or
records.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2022 through 2026.
SEC. 40125. ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has the
meaning given the term in section 3 of the Federal Power Act (16
U.S.C. 796).
(2) E-ISAC.--The term ``E-ISAC'' means the Electricity
Information Sharing and Analysis Center.
(b) Cybersecurity for the Energy Sector Research, Development, and
Demonstration Program.--
(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security and in consultation with, as
determined appropriate, other Federal agencies, the energy sector,
the States, Indian Tribes, Tribal organizations, territories or
freely associated states, and other stakeholders, shall develop and
carry out a program--
(A) to develop advanced cybersecurity applications and
technologies for the energy sector--
(i) to identify and mitigate vulnerabilities,
including--
(I) dependencies on other critical infrastructure;
(II) impacts from weather and fuel supply;
(III) increased dependence on inverter-based
technologies; and
(IV) vulnerabilities from unpatched hardware and
software systems; and
(ii) to advance the security of field devices and
third-party control systems, including--
(I) systems for generation, transmission,
distribution, end use, and market functions;
(II) specific electric grid elements including
advanced metering, demand response, distribution,
generation, and electricity storage;
(III) forensic analysis of infected systems;
(IV) secure communications; and
(V) application of in-line edge security solutions;
(B) to leverage electric grid architecture as a means to
assess risks to the energy sector, including by implementing an
all-hazards approach to communications infrastructure, control
systems architecture, and power systems architecture;
(C) to perform pilot demonstration projects with the energy
sector to gain experience with new technologies;
(D) to develop workforce development curricula for energy
sector-related cybersecurity; and
(E) to develop improved supply chain concepts for secure
design of emerging digital components and power electronics.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$250,000,000 for the period of fiscal years 2022 through 2026.
(c) Energy Sector Operational Support for Cyberresilience
Program.--
(1) In general.--The Secretary may develop and carry out a
program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of the
Department; and
(ii) the coordination of the Department with other
agencies, the National Laboratories, and private industry;
(B) to expand cooperation of the Department with the
intelligence community for energy sector-related threat
collection and analysis;
(C) to enhance the tools of the Department and E-ISAC for
monitoring the status of the energy sector;
(D) to expand industry participation in E-ISAC; and
(E) to provide technical assistance to small electric
utilities for purposes of assessing and improving cybermaturity
levels and addressing gaps identified in the assessment.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$50,000,000 for the period of fiscal years 2022 through 2026.
(d) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary, in coordination with the
Secretary of Homeland Security, shall develop and carry out an
advanced energy security program to secure energy networks,
including--
(A) electric networks;
(B) natural gas networks; and
(C) oil exploration, transmission, and delivery networks.
(2) Security and resiliency objective.--The objective of the
program developed under paragraph (1) is to increase the functional
preservation of electric grid operations or natural gas and oil
operations in the face of natural and human-made threats and
hazards, including electric magnetic pulse and geomagnetic
disturbances.
(3) Eligible activities.--In carrying out the program developed
under paragraph (1), the Secretary may--
(A) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security if
destroyed or impaired;
(B) provide modeling at the national level to predict
impacts from natural or human-made events;
(C) add physical security to the cybersecurity maturity
model;
(D) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including
providing mitigation recommendations;
(E) conduct research on hardening solutions for critical
components of the electric grid;
(F) conduct research on mitigation and recovery solutions
for critical components of the electric grid; and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) Savings provision.--Nothing in this section authorizes new
regulatory requirements.
(5) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this subsection
$50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40126. CYBERSECURITY PLAN.
(a) In General.--The Secretary may require, as the Secretary
determines appropriate, a recipient of any award or other funding under
this division--
(1) to submit to the Secretary, prior to the issuance of the
award or other funding, a cybersecurity plan that demonstrates the
cybersecurity maturity of the recipient in the context of the
project for which that award or other funding was provided; and
(2) establish a plan for maintaining and improving
cybersecurity throughout the life of the proposed solution of the
project.
(b) Contents of Cybersecurity Plan.--A cybersecurity plan described
in subsection (a) shall, at a minimum, describe how the recipient
described in that subsection--
(1) plans to maintain cybersecurity between networks, systems,
devices, applications, or components--
(A) within the proposed solution of the project; and
(B) at the necessary external interfaces at the proposed
solution boundaries;
(2) will perform ongoing evaluation of cybersecurity risks to
address issues as the issues arise throughout the life of the
proposed solution;
(3) will report known or suspected network or system
compromises of the project to the Secretary; and
(4) will leverage applicable cybersecurity programs of the
Department, including cyber vulnerability testing and security
engineering evaluations.
(c) Additional Guidance.--Each recipient described in subsection
(a) should--
(1) maximize the use of open guidance and standards, including,
wherever possible--
(A) the Cybersecurity Capability Maturity Model of the
Department (or a successor model); and
(B) the Framework for Improving Critical Infrastructure
Cybersecurity of the National Institute of Standards and
Technology; and
(2) document --
(A) any deviation from open standards; and
(B) the utilization of proprietary standards where the
recipient determines that such deviation necessary.
(d) Coordination.--The Office of Cybersecurity, Energy Security,
and Emergency Response of the Department shall review each
cybersecurity plan submitted under subsection (a) to ensure integration
with Department research, development, and demonstration programs.
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code; and
(2) shall not be made available by any Federal agency, State,
political subdivision of a State, or Tribal authority pursuant to
any Federal, State, political subdivision of a State, or Tribal
law, respectively, requiring public disclosure of information or
records.
SEC. 40127. SAVINGS PROVISION.
Nothing in this subtitle affects the authority, existing on the day
before the date of enactment of this Act, of any other Federal
department or agency, including the authority provided to the Secretary
of Homeland Security and the Director of the Cybersecurity and
Infrastructure Security Agency in title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.).
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
SEC. 40201. EARTH MAPPING RESOURCES INITIATIVE.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Establishment.--There is established within the United States
Geological Survey an initiative, to be known as the ``Earth Mapping
Resources Initiative'' (referred to in this section as the
``Initiative'').
(c) Purpose.--The purpose of the Initiative shall be to accelerate
efforts to carry out the fundamental resources and mapping mission of
the United States Geological Survey by--
(1) providing integrated topographic, geologic, geochemical,
and geophysical mapping;
(2) accelerating the integration and consolidation of
geospatial and resource data; and
(3) providing interpretation of subsurface and above-ground
mineral resources data.
(d) Cooperative Agreements.--
(1) In general.--In carrying out the Initiative, the Director
of the United States Geological Survey may enter into cooperative
agreements with State geological surveys.
(2) Effect.--Nothing in paragraph (1) precludes the Director of
the United States Geological Survey from using existing contracting
authorities in carrying out the Initiative.
(e) Comprehensive Mapping Modernization.--
(1) In general.--Not later than 10 years after the date of
enactment of this Act, the Initiative shall complete an initial
comprehensive national modern surface and subsurface mapping and
data integration effort.
(2) Approach.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall focus on the full range of minerals, using a whole ore body
approach rather than a single commodity approach, to emphasize all
of the recoverable critical minerals in a given surface or
subsurface deposit.
(3) Priority.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall prioritize mapping and assessing critical minerals.
(4) Inclusions.--In carrying out paragraph (1), the Initiative
shall also--
(A) map and collect data for areas containing mine waste to
increase understanding of above-ground critical mineral
resources in previously disturbed areas; and
(B) provide for analysis of samples, including samples
within the National Geological and Geophysical Data
Preservation Program established under section 351(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for the
occurrence of critical minerals.
(f) Availability.--The Initiative shall make the geospatial data
and metadata gathered by the Initiative under subsection (e)(1)
electronically publicly accessible on an ongoing basis.
(g) Integration of Data Sources.--The Initiative shall integrate
data sources, including data from--
(1) the National Cooperative Geologic Mapping Program
established by section 4(a)(1) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(a)(1));
(2) the National Geological and Geophysical Data Preservation
Program established under section 351(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15908(b));
(3) the USMIN Mineral Deposit Database of the United States
Geological Survey;
(4) the 3D Elevation Program established under section 5(a) of
the National Landslide Preparedness Act (43 U.S.C. 3104(a)); and
(5) other relevant sources, including sources providing
geothermal resources data.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $320,000,000
for the period of fiscal years 2022 through 2026, to remain available
until expended.
SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
(a) In General.--Section 4(d) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the
following:
``(4) Abandoned mine land and mine waste component.--
``(A) In general.--The geologic mapping program shall
include an abandoned mine land and mine waste geologic mapping
component, the objective of which shall be to establish the
geologic framework of abandoned mine land and other land
containing mine waste.
``(B) Mapping priorities.--For the component described in
subparagraph (A), the priority shall be mapping abandoned mine
land and other land containing mine waste where multiple
critical mineral (as defined in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a))) and metal commodities are
anticipated to be present, rather than single mineral
resources.''.
(b) Authorization of Appropriations.--Section 9(a) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking
``2023'' and inserting ``2031''.
SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION
PROGRAM.
Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C.
15908(b)) is amended--
(1) in paragraph (2), by striking ``and'' after the semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to provide for preservation of samples to track
geochemical signatures from critical mineral (as defined in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies
for use in provenance tracking frameworks.''.
SEC. 40204. USGS ENERGY AND MINERALS RESEARCH FACILITY.
(a) Establishment.--The Director of the United States Geological
Survey (referred to in this section as the ``Director''), shall 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) Ownership.--The United States Geological Survey shall retain
ownership of the facility and associated structures described in
subsection (a).
(c) Agreements.--The Director may enter into agreements with, and
to collect and expend funds or in-kind contributions from, academic,
Federal, State, or other tenants over the life of the facility
described in subsection (a) for the purposes of--
(1) facility planning;
(2) design;
(3) maintenance;
(4) operation; or
(5) facility improvements.
(d) Leases.--The Director may enter into a lease or other agreement
with the academic partner with which the Director has entered into a
cooperative agreement under subsection (a), at no cost to the Federal
Government, to obtain land on which to construct the facility described
in that subsection for a term of not less than 99 years.
(e) Reports.--The Director shall submit to Congress annual reports
on--
(1) the facility described in subsection (a); and
(2) the authorities used under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$167,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is
amended--
(1) in subsection (b), by inserting ``and annually thereafter
while the facility established under subsection (c) remains in
operation,'' after ``enactment of this Act,'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Rare Earth Demonstration Facility.--
``(1) Establishment.--In coordination with the research program
under subsection (a)(1)(A), the Secretary shall fund, through an
agreement with an academic partner, the design, construction, and
build-out of a facility to demonstrate the commercial feasibility
of a full-scale integrated rare earth element extraction and
separation facility and refinery.
``(2) Facility activities.--The facility established under
paragraph (1) shall--
``(A) provide environmental benefits through use of
feedstock derived from acid mine drainage, mine waste, or other
deleterious material;
``(B) separate mixed rare earth oxides into pure oxides of
each rare earth element;
``(C) refine rare earth oxides into rare earth metals; and
``(D) provide for separation of rare earth oxides and
refining into rare earth metals at a single site.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$140,000,000 for fiscal year 2022, to remain available until
expended.''.
SEC. 40206. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) many critical minerals are only economic to recover when
combined with the production of a host mineral;
(3) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(4) the Federal permitting process has been identified as an
impediment to mineral production and the mineral security of the
United States.
(c) Federal Permitting and Review Performance Improvements.--To
improve the quality and timeliness of Federal permitting and review
processes with respect to critical mineral production on Federal land,
the Secretary of the Interior, acting through the Director of the
Bureau of Land Management, and the Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this section as
the ``Secretaries''), to the maximum extent practicable, shall complete
the Federal permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules for
the consideration of, and final decisions regarding, applications,
operating plans, leases, licenses, permits, and other use
authorizations for critical mineral-related activities on Federal
land;
(2) establishing clear, quantifiable, and temporal permitting
performance goals and tracking progress against those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of those
parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency performance;
(5) engaging in early and active consultation with State,
local, and Tribal governments--
(A) to avoid conflicts or duplication of effort;
(B) to resolve concerns; and
(C) to allow for concurrent, rather than sequential,
reviews;
(6) providing demonstrable improvements in the performance of
Federal permitting and review processes, including lower costs and
more timely decisions;
(7) expanding and institutionalizing Federal permitting and
review process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities and
resolve disputes among agencies at the national, regional, State,
and local levels; and
(9) developing other practices, such as preapplication
procedures.
(d) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall submit to Congress a
report that--
(1) identifies additional measures, including regulatory and
legislative proposals, if appropriate, that would increase the
timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options, including cost recovery paid by permit
applicants, for ensuring adequate staffing and training of Federal
entities and personnel responsible for the consideration of
applications, operating plans, leases, licenses, permits, and other
use authorizations for critical mineral-related activities on
Federal land;
(3) quantifies the period of time typically required to
complete each step associated with the development and processing
of applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related activities on
Federal land, including by--
(A) calculating the range, the mean, the median, the
variance, and other statistical measures or representations of
the period of time; and
(B) taking into account other aspects that affect the
period of time that are outside the control of the Executive
branch, such as judicial review, applicant decisions, or State
and local government involvement; and
(4) describes actions carried out pursuant to subsection (c).
(e) Performance Metric.--Not later than 90 days after the date of
submission of the report under subsection (d), and after providing
public notice and an opportunity to comment, the Secretaries, using as
a baseline the period of time quantified under paragraph (3) of that
subsection, shall develop and publish a performance metric for
evaluating the progress made by the Executive branch to expedite the
permitting of activities that will increase exploration for, and
development of, domestic critical minerals, while maintaining
environmental standards.
(f) Annual Reports.--Not later than the date on which the President
submits the first budget of the President under section 1105 of title
31, United States Code, after publication of the performance metric
required under subsection (e), and annually thereafter, the Secretaries
shall submit to Congress a report that--
(1) summarizes the implementation of recommendations, measures,
and options identified in paragraphs (1) and (2) of subsection (d);
(2) using the performance metric developed under subsection
(e), describes progress made by the Executive branch, as compared
to the baseline developed pursuant to subsection (d)(3), in
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical minerals;
and
(3) compares the United States to other countries in terms of
permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(g) Individual Projects.--Each year, using data contained in the
reports submitted under subsection (f), the Director of the Office of
Management and Budget shall prioritize inclusion of individual critical
mineral projects on the website operated by the Office of Management
and Budget in accordance with section 1122 of title 31, United States
Code.
SEC. 40207. BATTERY PROCESSING AND MANUFACTURING.
(a) Definitions.--In this section:
(1) Advanced battery.--The term ``advanced battery'' means a
battery that consists of a battery cell that can be integrated into
a module, pack, or system to be used in energy storage
applications, including electric vehicles and the electric grid.
(2) Advanced battery component.--
(A) In general.--The term ``advanced battery component''
means a component of an advanced battery.
(B) Inclusions.--The term ``advanced battery component''
includes materials, enhancements, enclosures, anodes, cathodes,
electrolytes, cells, and other associated technologies that
comprise an advanced battery.
(3) Battery material.--The term ``battery material'' means the
raw and processed form of a mineral, metal, chemical, or other
material used in an advanced battery component.
(4) Eligible entity.--The term ``eligible entity'' means an
entity described in any of paragraphs (1) through (5) of section
989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
(5) Foreign entity of concern.--The term ``foreign entity of
concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (commonly known as
the ``SDN list'');
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is a
covered nation (as defined in section 2533c(d) of title 10,
United States Code);
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code
(commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ``Economic Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and
2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.); or
(vii) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation with the
Secretary of Defense and the Director of National Intelligence,
to be engaged in unauthorized conduct that is detrimental to
the national security or foreign policy of the United States.
(6) Manufacturing.--The term ``manufacturing'', with respect to
an advanced battery and an advanced battery component, means the
industrial and chemical steps taken to produce that advanced
battery or advanced battery component, respectively.
(7) Processing.--The term ``processing'', with respect to
battery material, means the refining of materials, including the
treating, baking, and coating processes used to convert raw
products into constituent materials employed directly in advanced
battery manufacturing.
(8) Recycling.--The term ``recycling'' means the recovery of
materials from advanced batteries to be reused in similar
applications, including the extracting, processing, and recoating
of battery materials and advanced battery components.
(b) Battery Material Processing Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Fossil Energy a program, to be known as the ``Battery
Material Processing Grant Program'' (referred to in this subsection
as the ``program''), under which the Secretary shall award grants
in accordance with this subsection.
(2) Purposes.--The purposes of the program are--
(A) to ensure that the United States has a viable battery
materials processing industry to supply the North American
battery supply chain;
(B) to expand the capabilities of the United States in
advanced battery manufacturing;
(C) to enhance national security by reducing the reliance
of the United States on foreign competitors for critical
materials and technologies; and
(D) to enhance the domestic processing capacity of minerals
necessary for battery materials and advanced batteries.
(3) Grants.--
(A) In general.--Under the program, the Secretary shall
award grants to eligible entities--
(i) to carry out 1 or more demonstration projects in
the United States for the processing of battery materials;
(ii) to construct 1 or more new commercial-scale
battery material processing facilities in the United
States; and
(iii) to retool, retrofit, or expand 1 or more existing
battery material processing facilities located in the
United States and determined qualified by the Secretary.
(B) Amount limitation.--The amount of a grant awarded under
the program shall be not less than--
(i) $50,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary shall--
(i) give priority to an eligible entity that--
(I) is located and operates in the United States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual
property and content;
(IV) represents consortia or industry partnerships;
and
(V) will not use battery material supplied by or
originating from a foreign entity of concern; and
(ii) take into consideration whether a project--
(I) provides workforce opportunities in low- and
moderate-income communities;
(II) encourages partnership with universities and
laboratories to spur innovation and drive down costs;
(III) partners with Indian Tribes; and
(IV) takes into account--
(aa) greenhouse gas emissions reductions and
energy efficient battery material processing
opportunities throughout the manufacturing process;
and
(bb) supply chain logistics.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program
$3,000,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.
(c) Battery Manufacturing and Recycling Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Energy Efficiency and Renewable Energy a battery
manufacturing and recycling grant program (referred to in this
subsection as the ``program'').
(2) Purpose.--The purpose of the program is to ensure that the
United States has a viable domestic manufacturing and recycling
capability to support and sustain a North American battery supply
chain.
(3) Grants.--
(A) In general.--Under the program, the Secretary shall
award grants to eligible entities--
(i) to carry out 1 or more demonstration projects for
advanced battery component manufacturing, advanced battery
manufacturing, and recycling;
(ii) to construct 1 or more new commercial-scale
advanced battery component manufacturing, advanced battery
manufacturing, or recycling facilities in the United
States; and
(iii) to retool, retrofit, or expand 1 or more existing
facilities located in the United States and determined
qualified by the Secretary for advanced battery component
manufacturing, advanced battery manufacturing, and
recycling.
(B) Amount limitation.--The amount of a grant awarded under
the program shall be not less than--
(i) $50,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity carrying out 1
or more projects described in subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary shall--
(i) give priority to an eligible entity that--
(I) is located and operates in the United States;
(II) is owned by a United States entity;
(III) deploys North American-owned intellectual
property and content;
(IV) represents consortia or industry partnerships;
and
(V)(aa) if the eligible entity will use the grant
for advanced battery component manufacturing, will not
use battery material supplied by or originating from a
foreign entity of concern; or
(bb) if the eligible entity will use the grant for
battery recycling, will not export recovered critical
materials to a foreign entity of concern; and
(ii) take into consideration whether a project--
(I) provides workforce opportunities in low- and
moderate-income or rural communities;
(II) provides workforce opportunities in
communities that have lost jobs due to the
displacements of fossil energy jobs;
(III) encourages partnership with universities and
laboratories to spur innovation and drive down costs;
(IV) partners with Indian Tribes;
(V) takes into account--
(aa) greenhouse gas emissions reductions and
energy efficient battery material processing
opportunities throughout the manufacturing process;
and
(bb) supply chain logistics; and
(VI) utilizes feedstock produced in the United
States.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program
$3,000,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.
(d) Reporting Requirements.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the grant programs established under
subsections (b) and (c), including, with respect to each grant program,
a description of--
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each award;
(3) the purpose and status of each project carried out using a
grant; and
(4) any other information the Secretary determines necessary.
(e) Lithium-Ion Battery Recycling Prize Competition.--
(1) In general.--The Secretary shall continue to carry out the
Lithium-Ion Battery Recycling Prize Competition of the Department
established pursuant to section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719) (referred to in
this subsection as the ``competition'').
(2) Authorization of appropriations for pilot projects.--
(A) In general.--There is authorized to be appropriated to
the Secretary to carry out Phase III of the competition,
$10,000,000 for fiscal year 2022, to remain available until
expended.
(B) Use of funds.--The Secretary may use amounts made
available under subparagraph (A)--
(i) to increase the number of winners of Phase III of
the competition;
(ii) to increase the amount awarded to each winner of
Phase III of the competition; and
(iii) to carry out any other activity that is
consistent with the goals of Phase III of the competition,
as determined by the Secretary.
(f) Battery and Critical Mineral Recycling.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(B) Battery.--The term ``battery'' means a device that--
(i) consists of 1 or more electrochemical cells that
are electrically connected; and
(ii) is designed to store and deliver electric energy.
(C) Battery producer.--The term ``battery producer'' means,
with respect to a covered battery or covered battery-containing
product that is sold, offered for sale, or distributed for sale
in the United States, including through retail, wholesale,
business-to-business, and online sale, the following applicable
entity:
(i) A person who--
(I) manufactures the covered battery or covered
battery-containing product; and
(II) sells or offers for sale the covered battery
or covered battery-containing product under the brand
of that person.
(ii) If there is no person described in clause (i) with
respect to the covered battery or covered battery-
containing product, the owner or licensee of the brand
under which the covered battery or covered battery-
containing product is sold, offered for sale, or
distributed, regardless of whether the trademark of the
brand is registered.
(iii) If there is no person described in clause (i) or
(ii) with respect to the covered battery or covered
battery-containing product, a person that imports the
covered battery or covered battery-containing product into
the United States for sale or distribution.
(D) Covered battery.--The term ``covered battery'' means a
new or unused primary battery or rechargeable battery.
(E) Covered battery-containing product.--The term ``covered
battery-containing product'' means a new or unused product that
contains or is packaged with a primary battery or rechargeable
battery.
(F) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
(G) Primary battery.--The term ``primary battery'' means a
nonrechargeable battery that weighs not more than 4.4 pounds,
including an alkaline, carbon-zinc, and lithium metal battery.
(H) Rechargeable battery.--
(i) In general.--The term ``rechargeable battery''
means a battery that--
(I) contains 1 or more voltaic or galvanic cells
that are electrically connected to produce electric
energy;
(II) is designed to be recharged;
(III) weighs not more than 11 pounds; and
(IV) has a watt-hour rating of not more than 300
watt-hours.
(ii) Exclusions.--The term ``rechargeable battery''
does not include a battery that--
(I) contains electrolyte as a free liquid; or
(II) employs lead-acid technology, unless that
battery is sealed and does not contain electrolyte as a
free liquid.
(I) Recycling.--The term ``recycling'' means the series of
activities--
(i) during which recyclable materials are processed
into specification-grade commodities, and consumed as raw-
material feedstock, in lieu of virgin materials, in the
manufacturing of new products;
(ii) that may include collection, processing, and
brokering; and
(iii) that result in subsequent consumption by a
materials manufacturer, including for the manufacturing of
new products.
(2) Battery recycling research, development, and demonstration
grants.--
(A) In general.--The Secretary, in coordination with the
Administrator, shall award multiyear grants to eligible
entities for research, development, and demonstration projects
to create innovative and practical approaches to increase the
reuse and recycling of batteries, including by addressing--
(i) recycling activities;
(ii) the development of methods to promote the design
and production of batteries that take into full account and
facilitate the dismantling, reuse, recovery, and recycling
of battery components and materials;
(iii) strategies to increase consumer acceptance of,
and participation in, the recycling of batteries;
(iv) the extraction or recovery of critical minerals
from batteries that are recycled;
(v) the integration of increased quantities of recycled
critical minerals in batteries and other products to
develop markets for recycled battery materials and critical
minerals;
(vi) safe disposal of waste materials and components
recovered during the recycling process;
(vii) the protection of the health and safety of all
persons involved in, or in proximity to, recycling and
reprocessing activities, including communities located near
recycling and materials reprocessing facilities;
(viii) mitigation of environmental impacts that arise
from recycling batteries, including disposal of toxic
reagents and byproducts related to recycling processes;
(ix) protection of data privacy associated with
collected covered battery-containing products;
(x) the optimization of the value of material derived
from recycling batteries; and
(xi) the cost-effectiveness and benefits of the reuse
and recycling of batteries and critical minerals.
(B) Eligible entities.--The Secretary, in coordination with
the Administrator, may award a grant under subparagraph (A)
to--
(i) an institution of higher education;
(ii) a National Laboratory;
(iii) a Federal research agency;
(iv) a State research agency;
(v) a nonprofit organization;
(vi) an industrial entity;
(vii) a manufacturing entity;
(viii) a private battery-collection entity;
(ix) an entity operating 1 or more battery recycling
activities;
(x) a State or municipal government entity;
(xi) a battery producer;
(xii) a battery retailer; or
(xiii) a consortium of 2 or more entities described in
clauses (i) through (xii).
(C) Applications.--
(i) In general.--To be eligible to receive a grant
under subparagraph (A), an eligible entity described in
subparagraph (B) shall submit to the Secretary an
application at such time, in such manner, and containing
such information as the Secretary may require.
(ii) Contents.--An application submitted under clause
(i) shall describe how the project will promote
collaboration among--
(I) battery producers and manufacturers;
(II) battery material and equipment manufacturers;
(III) battery recyclers, collectors, and refiners;
and
(IV) retailers.
(D) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this paragraph
$60,000,000 for the period of fiscal years 2022 through 2026.
(3) State and local programs.--
(A) In general.--The Secretary, in coordination with the
Administrator, shall establish a program under which the
Secretary shall award grants, on a competitive basis, to States
and units of local government to assist in the establishment or
enhancement of State battery collection, recycling, and
reprocessing programs.
(B) Non-federal cost share.--The non-Federal share of the
cost of a project carried out using a grant under this
paragraph shall be 50 percent of the cost of the project.
(C) Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that describes the number of
battery collection points established or enhanced, an estimate
of jobs created, and the quantity of material collected as a
result of the grants awarded under subparagraph (A).
(D) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this paragraph
$50,000,000 for the period of fiscal years 2022 through 2026.
(4) Retailers as collection points.--
(A) In general.--The Secretary shall award grants, on a
competitive basis, to retailers that sell covered batteries or
covered battery-containing products to establish and implement
a system for the acceptance and collection of covered batteries
and covered battery-containing products, as applicable, for
reuse, recycling, or proper disposal.
(B) Collection system.--A system described in subparagraph
(A) shall include take-back of covered batteries--
(i) at no cost to the consumer; and
(ii) on a regular, convenient, and accessible basis.
(C) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this paragraph
$15,000,000 for the period of fiscal years 2022 through 2026.
(5) Task force on producer responsibilities.--
(A) In general.--The Secretary, in coordination with the
Administrator, shall convene a task force to develop an
extended battery producer responsibility framework that--
(i) addresses battery recycling goals, cost structures
for mandatory recycling, reporting requirements, product
design, collection models, and transportation of collected
materials;
(ii) provides sufficient flexibility to allow battery
producers to determine cost-effective strategies for
compliance with the framework; and
(iii) outlines regulatory pathways for effective
recycling.
(B) Task force members.--Members of the task force convened
under subparagraph (A) shall include--
(i) battery producers, manufacturers, retailers,
recyclers, and collectors or processors;
(ii) States and municipalities; and
(iii) other relevant stakeholders, such as
environmental, energy, or consumer organizations, as
determined by the Secretary.
(C) Report.--Not later than 1 year after the date on which
the Secretary, in coordination with Administrator, convenes the
task force under subparagraph (A), the Secretary shall submit
to Congress a report that--
(i) describes the extended producer responsibility
framework developed by the task force;
(ii) includes the recommendations of the task force on
how best to implement a mandatory pay-in or other
enforcement mechanism to ensure that battery producers and
sellers are contributing to the recycling of batteries; and
(iii) suggests regulatory pathways for effective
recycling.
(6) Effect on mercury-containing and rechargeable battery
management act.--Nothing in this subsection, or any regulation,
guideline, framework, or policy adopted or promulgated pursuant to
this subsection, shall modify or otherwise affect the provisions of
the Mercury-Containing and Rechargeable Battery Management Act (42
U.S.C. 14301 et seq.).
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-LIFE
APPLICATIONS PROGRAM.
Section 641 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17231) is amended--
(1) by striking subsection (k) and inserting the following:
``(k) Electric Drive Vehicle Battery Second-Life Applications and
Recycling.--
``(1) Definitions.--In this subsection:
``(A) Battery recycling and second-life applications
program.--The term `battery recycling and second-life
applications program' means the electric drive vehicle battery
recycling and second-life applications program established
under paragraph (3).
``(B) Critical material.--The term `critical material' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
``(C) Economically distressed area.--The term `economically
distressed area' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
``(D) Electric drive vehicle battery.--The term `electric
drive vehicle battery' means any battery that is a motive power
source for an electric drive vehicle.
``(E) Eligible entity.--The term `eligible entity' means an
entity described in any of paragraphs (1) through (5) of
section 989(b) of the Energy Policy Act of 2005 (42 U.S.C.
16353(b)).
``(2) Program.--The Secretary shall carry out a program of
research, development, and demonstration of--
``(A) second-life applications for electric drive vehicle
batteries that have been used to power electric drive vehicles;
and
``(B) technologies and processes for final recycling and
disposal of the devices described in subparagraph (A).
``(3) Electric drive vehicle battery recycling and second-life
applications.--
``(A) In general.--In carrying out the program under
paragraph (2), the Secretary shall establish an electric drive
vehicle battery recycling and second-life applications program
under which the Secretary shall--
``(i) award grants under subparagraph (D); and
``(ii) carry out other activities in accordance with
this paragraph.
``(B) Purposes.--The purposes of the battery recycling and
second-life applications program are the following:
``(i) To improve the recycling rates and second-use
adoption rates of electric drive vehicle batteries.
``(ii) To optimize the design and adaptability of
electric drive vehicle batteries to make electric drive
vehicle batteries more easily recyclable.
``(iii) To establish alternative supply chains for
critical materials that are found in electric drive vehicle
batteries.
``(iv) To reduce the cost of manufacturing,
installation, purchase, operation, and maintenance of
electric drive vehicle batteries.
``(v) To improve the environmental impact of electric
drive vehicle battery recycling processes.
``(C) Targets.--In carrying out the battery recycling and
second-life applications program, the Secretary shall address
near-term (up to 2 years), mid-term (up to 5 years), and long-
term (up to 10 years) challenges to the recycling of electric
drive vehicle batteries.
``(D) Grants.--
``(i) In general.--In carrying out the battery
recycling and second-life applications program, the
Secretary shall award multiyear grants on a competitive,
merit-reviewed basis to eligible entities--
``(I) to conduct research, development, testing,
and evaluation of solutions to increase the rate and
productivity of electric drive vehicle battery
recycling; and
``(II) for research, development, and demonstration
projects to create innovative and practical approaches
to increase the recycling and second-use of electric
drive vehicle batteries, including by addressing--
``(aa) technology to increase the efficiency of
electric drive vehicle battery recycling and
maximize the recovery of critical materials for use
in new products;
``(bb) expanded uses for critical materials
recovered from electric drive vehicle batteries;
``(cc) product design and construction to
facilitate the disassembly and recycling of
electric drive vehicle batteries;
``(dd) product design and construction and
other tools and techniques to extend the lifecycle
of electric drive vehicle batteries, including
methods to promote the safe second-use of electric
drive vehicle batteries;
``(ee) strategies to increase consumer
acceptance of, and participation in, the recycling
of electric drive vehicle batteries;
``(ff) improvements and changes to electric
drive vehicle battery chemistries that include ways
to decrease processing costs for battery recycling
without sacrificing front-end performance;
``(gg) second-use of electric drive vehicle
batteries, including in applications outside of the
automotive industry; and
``(hh) the commercialization and scale-up of
electric drive vehicle battery recycling
technologies.
``(ii) Priority.--In awarding grants under clause (i),
the Secretary shall give priority to projects that--
``(I) are located in geographically diverse regions
of the United States;
``(II) include business commercialization plans
that have the potential for the recycling of electric
drive vehicle batteries at high volumes;
``(III) support the development of advanced
manufacturing technologies that have the potential to
improve the competitiveness of the United States in the
international electric drive vehicle battery
manufacturing sector;
``(IV) provide the greatest potential to reduce
costs for consumers and promote accessibility and
community implementation of demonstrated technologies;
``(V) increase disclosure and transparency of
information to consumers;
``(VI) support the development or demonstration of
projects in economically distressed areas; and
``(VII) support other relevant priorities, as
determined to be appropriate by the Secretary.
``(iii) Solicitation.--Not later than 90 days after the
date of enactment of the Infrastructure Investment and Jobs
Act, and annually thereafter, the Secretary shall conduct a
national solicitation for applications for grants described
in clause (i).
``(iv) Dissemination of results.--The Secretary shall
publish the results of the projects carried out through
grants awarded under clause (i) through--
``(I) best practices relating to those grants, for
use in the electric drive vehicle battery
manufacturing, design, installation, refurbishing, or
recycling industries;
``(II) coordination with information dissemination
programs relating to general recycling of electronic
devices; and
``(III) educational materials for the public,
produced in conjunction with State and local
governments or nonprofit organizations, on the problems
and solutions relating to the recycling and second-life
applications of electric drive vehicle batteries.
``(E) Coordination with other programs of the department.--
In carrying out the battery recycling and second-life
applications program, the Secretary shall coordinate and
leverage the resources of complementary efforts of the
Department.
``(F) Study and report.--
``(i) Study.--The Secretary shall conduct a study on
the viable market opportunities available for the
recycling, second-use, and manufacturing of electric drive
vehicle batteries in the United States.
``(ii) Report.--Not later than 1 year after the date of
enactment of the Infrastructure Investment and Jobs Act,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate, the Committee on Science,
Space, and Technology of the House of Representatives, and
any other relevant committee of Congress a report
containing the results of the study under clause (i),
including a description of--
``(I) the ability of relevant businesses or other
entities to competitively manufacture electric drive
vehicle batteries and recycle electric drive vehicle
batteries in the United States;
``(II) any existing electric drive vehicle battery
recycling and second-use practices and plans of
electric drive vehicle manufacturing companies in the
United States;
``(III) any barriers to electric drive vehicle
battery recycling in the United States;
``(IV) opportunities and barriers in electric drive
vehicle battery supply chains in the United States and
internationally, including with allies and trading
partners;
``(V) opportunities for job creation in the
electric drive vehicle battery recycling and
manufacturing fields and the necessary skills employees
must acquire for growth of those fields in the United
States;
``(VI) policy recommendations for enhancing
electric drive vehicle battery manufacturing and
recycling in the United States;
``(VII) any recommendations for lowering logistics
costs and creating better coordination and efficiency
with respect to the removal, collection,
transportation, storage, and disassembly of electric
drive vehicle batteries;
``(VIII) any recommendations for areas of
coordination with other Federal agencies to improve
electric drive vehicle battery recycling rates in the
United States;
``(IX) an aggressive 2-year target and plan, the
implementation of which shall begin during the 90-day
period beginning on the date on which the report is
submitted, to enhance the competitiveness of electric
drive vehicle battery manufacturing and recycling in
the United States; and
``(X) needs for future research, development, and
demonstration projects in electric drive vehicle
battery manufacturing, recycling, and related areas, as
determined by the Secretary.
``(G) Evaluation.--Not later than 3 years after the date on
which the report under subparagraph (F)(ii) is submitted, and
every 4 years thereafter, the Secretary shall conduct, and make
available to the public and the relevant committees of
Congress, an independent review of the progress of the grants
awarded under subparagraph (D) in meeting the recommendations
and targets included in the report.''; and
(2) in subsection (p), by striking paragraph (6) and inserting
the following:
``(6) the electric drive vehicle battery recycling and second-
life applications program under subsection (k) $200,000,000 for the
period of fiscal years 2022 through 2026.''.
SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Advanced energy property.--The term ``advanced energy
property'' means--
(A) property designed to be used to produce energy from the
sun, water, wind, geothermal or hydrothermal (as those terms
are defined in section 612 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced
geothermal systems (as defined in that section), or other
renewable resources;
(B) fuel cells, microturbines, or energy storage systems
and components;
(C) electric grid modernization equipment or components;
(D) property designed to capture, remove, use, or sequester
carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or blend any
fuel, chemical, or product that is--
(i) renewable; or
(ii) low-carbon and low-emission;
(F) property designed to produce energy conservation
technologies (including for residential, commercial, and
industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or fuel cell
vehicles, electric or fuel cell locomotives, electric or fuel
cell maritime vessels, or electric or fuel cell planes;
(ii) technologies, components, and materials of those
vehicles, locomotives, maritime vessels, or planes; and
(iii) charging or refueling infrastructure associated with
those vehicles, locomotives, maritime vessels, or planes;
(H)(i) hybrid vehicles with a gross vehicle weight rating
of not less than 14,000 pounds; and
(ii) technologies, components, and materials for those
vehicles; and
(I) other advanced energy property designed to reduce
greenhouse gas emissions, as may be determined by the
Secretary.
(2) Covered census tract.--The term ``covered census tract''
means a census tract--
(A) in which, after December 31, 1999, a coal mine had
closed;
(B) in which, after December 31, 2009, a coal-fired
electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract
described in subparagraph (A) or (B).
(3) Eligible entity.--The term ``eligible entity'' means a
manufacturing firm--
(A) the gross annual sales of which are less than
$100,000,000;
(B) that has fewer than 500 employees at the plant site of
the manufacturing firm; and
(C) the annual energy bills of which total more than
$100,000 but less than $2,500,000.
(4) Minority-owned.--The term ``minority-owned'', with respect
to an eligible entity, means an eligible entity not less than 51
percent of which is owned by 1 or more individuals who are--
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific Islander,
African American, Hispanic, Puerto Rican, Native American, or
Alaska Native.
(5) Program.--The term ``Program'' means the grant program
established under subsection (b).
(6) Qualifying advanced energy project.--The term ``qualifying
advanced energy project'' means a project that--
(A)(i) re-equips, expands, or establishes a manufacturing
or recycling facility for the production or recycling, as
applicable, of advanced energy property; or
(ii) re-equips an industrial or manufacturing facility with
equipment designed to reduce the greenhouse gas emissions of
that facility substantially below the greenhouse gas emissions
under current best practices, as determined by the Secretary,
through the installation of--
(I) low- or zero-carbon process heat systems;
(II) carbon capture, transport, utilization, and
storage systems;
(III) technology relating to energy efficiency and
reduction in waste from industrial processes; or
(IV) any other industrial technology that significantly
reduces greenhouse gas emissions, as determined by the
Secretary;
(B) has a reasonable expectation of commercial viability,
as determined by the Secretary; and
(C) is located in a covered census tract.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants to eligible entities to carry out qualifying advanced energy
projects.
(c) Applications.--
(1) In general.--Each eligible entity seeking a grant under the
Program shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary
may require, including a description of the proposed qualifying
advanced energy project to be carried out using the grant.
(2) Selection criteria.--
(A) Projects.--In selecting eligible entities to receive
grants under the Program, the Secretary shall, with respect to
the qualifying advanced energy projects proposed by the
eligible entities, give higher priority to projects that--
(i) will provide higher net impact in avoiding or
reducing anthropogenic emissions of greenhouse gases;
(ii) will result in a higher level of domestic job
creation (both direct and indirect) during the lifetime of
the project;
(iii) will result in a higher level of job creation in
the vicinity of the project, particularly with respect to--
(I) low-income communities (as described in section
45D(e) of the Internal Revenue Code of 1986); and
(II) dislocated workers who were previously
employed in manufacturing, coal power plants, or coal
mining;
(iv) have higher potential for technological innovation
and commercial deployment;
(v) have a lower levelized cost of--
(I) generated or stored energy; or
(II) measured reduction in energy consumption or
greenhouse gas emission (based on costs of the full
supply chain); and
(vi) have a shorter project time.
(B) Eligible entities.--In selecting eligible entities to
receive grants under the Program, the Secretary shall give
priority to eligible entities that are minority-owned.
(d) Project Completion and Location; Return of Unobligated Funds.--
(1) Completion; return of unobligated funds.--An eligible
entity that receives a grant under the Program shall be required--
(A) to complete the qualifying advanced energy project
funded by the grant not later than 3 years after the date of
receipt of the grant funds; and
(B) to return to the Secretary any grant funds that remain
unobligated at the end of that 3-year period.
(2) Location.--If the Secretary determines that an eligible
entity awarded a grant under the Program has carried out the
applicable qualifying advanced energy project at a location that is
materially different from the location specified in the application
for the grant, the eligible entity shall be required to return the
grant funds to the Secretary.
(e) Technical Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide technical
assistance on a selective basis to eligible entities that are
seeking a grant under the Program to enhance the impact of the
qualifying advanced energy project to be carried out using the
grant with respect to the selection criteria described in
subsection (c)(2)(A).
(2) Applications.--An eligible entity desiring technical
assistance under paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Factors for consideration.--In selecting eligible entities
for technical assistance under paragraph (1), the Secretary shall
give higher priority to eligible entities that propose a qualifying
advanced energy project that has greater potential for enhancement
of the impact of the project with respect to the selection criteria
described in subsection (c)(2)(A).
(f) Publication of Grants.--The Secretary shall make publicly
available the identity of each eligible entity awarded a grant under
the Program and the amount of the grant.
(g) Report.--Not later than 4 years after the date of enactment
this Act, the Secretary shall--
(1) review the grants awarded under the Program; and
(2) submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing those grants.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $750,000,000 for
the period of fiscal years 2022 through 2026.
SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING RESEARCH.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has the
meaning given the term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Critical minerals and metals.--The term ``critical minerals
and metals'' includes any host mineral of a critical mineral.
(3) Director.--The term ``Director'' means the Director of the
Foundation.
(4) End-to-end.--The term ``end-to-end'', with respect to the
integration of mining or life cycle of minerals, means the
integrated approach of, or the lifecycle determined by, examining
the research and developmental process from the mining of the raw
minerals to its processing into useful materials, its integration
into components and devices, the utilization of such devices in the
end-use application to satisfy certain performance metrics, and the
recycling or disposal of such devices.
(5) Foreign entity of concern.--The term ``foreign entity of
concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (commonly known as
the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is a
covered nation (as defined in section 2533c(d) of title 10,
United States Code);
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code
(commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18, United States
Code;
(iii) chapter 90 of title 18, United States Code
(commonly known as the ``Economic Espionage Act of 1996)'';
(iv) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and
2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.); or
(vii) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director of
National Intelligence, to be engaged in unauthorized conduct
that is detrimental to the national security or foreign policy
of the United States.
(6) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(7) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
(8) National laboratory.--The term ``National Laboratory'' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(9) Recycling.--The term ``recycling'' means the process of
collecting and processing spent materials and devices and turning
the materials and devices into raw materials or components that can
be reused either partially or completely.
(10) Secondary recovery.--The term ``secondary recovery'' means
the recovery of critical minerals and metals from discarded end-use
products or from waste products produced during the metal refining
and manufacturing process, including from mine waste piles, acid
mine drainage sludge, or byproducts produced through legacy mining
and metallurgy activities.
(b) Critical Minerals Mining and Recycling Research and
Development.--
(1) In general.--In order to support supply chain resiliency,
the Secretary, in coordination with the Director, shall issue
awards, on a competitive basis, to eligible entities described in
paragraph (2) to support basic research that will accelerate
innovation to advance critical minerals mining, recycling, and
reclamation strategies and technologies for the purposes of--
(A) making better use of domestic resources; and
(B) eliminating national reliance on minerals and mineral
materials that are subject to supply disruptions.
(2) Eligible entities.--Entities eligible to receive an award
under paragraph (1) are the following:
(A) Institutions of higher education.
(B) National Laboratories.
(C) Nonprofit organizations.
(D) Consortia of entities described in subparagraphs (A)
through (C), including consortia that collaborate with private
industry.
(3) Use of funds.--Activities funded by an award under this
section may include--
(A) advancing mining research and development activities to
develop new mapping and mining technologies and techniques,
including advanced critical mineral extraction and production--
(i) to improve existing, or to develop new, supply
chains of critical minerals; and
(ii) to yield more efficient, economical, and
environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying, manufacturing, or
recycling techniques and technologies that can decrease the
energy intensity, waste, potential environmental impact, and
costs of those activities;
(C) advancing research and development of critical minerals
mining and recycling technologies that take into account the
potential end-uses and disposal of critical minerals, in order
to improve end-to-end integration of mining and technological
applications;
(D) conducting long-term earth observation of reclaimed
mine sites, including the study of the evolution of microbial
diversity at those sites;
(E) examining the application of artificial intelligence
for geological exploration of critical minerals, including what
size and diversity of data sets would be required;
(F) examining the application of machine learning for
detection and sorting of critical minerals, including what size
and diversity of data sets would be required;
(G) conducting detailed isotope studies of critical
minerals and the development of more refined geologic models;
or
(H) providing training and research opportunities to
undergraduate and graduate students to prepare the next
generation of mining engineers and researchers.
(c) Critical Minerals Interagency Subcommittee.--
(1) In general.--In order to support supply chain resiliency,
the Critical Minerals Subcommittee of the National Science and
Technology Council (referred to in this subsection as the
``Subcommittee'') shall coordinate Federal science and technology
efforts to ensure secure and reliable supplies of critical minerals
to the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the National Science and
Technology Council, including the Committee on Homeland and
National Security of the National Science and Technology
Council, on United States policies, procedures, and plans
relating to critical minerals, including--
(i) Federal research, development, and deployment
efforts to optimize methods for extractions, concentration,
separation, and purification of conventional, secondary,
and unconventional sources of critical minerals, including
research that prioritizes end-to-end integration of mining
and recycling techniques and the end-use target for
critical minerals;
(ii) efficient use and reuse of critical minerals,
including recycling technologies for critical minerals and
the reclamation of critical minerals from components, such
as spent batteries;
(iii) addressing the technology transitions between
research or lab-scale mining and recycling and
commercialization of these technologies;
(iv) the critical minerals workforce of the United
States; and
(v) United States private industry investments in
innovation and technology transfer from federally funded
science and technology;
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development of secure
and reliable supply chains of critical minerals, including
activities relating to the reuse of critical minerals via
recycling;
(C) to ensure the transparency of information and data
related to critical minerals; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and deployment
programs and activities of Federal agencies to promote a secure
and reliable supply of critical minerals necessary to maintain
national security, economic well-being, and industrial
production.
(3) Responsibilities.--In carrying out paragraphs (1) and (2),
the Subcommittee may, taking into account the findings and
recommendations of relevant advisory committees--
(A) provide recommendations on how Federal agencies may
improve the topographic, geologic, and geophysical mapping of
the United States and improve the discoverability,
accessibility, and usability of the resulting and existing
data, to the extent permitted by law and subject to appropriate
limitation for purposes of privacy and security;
(B) assess the progress toward developing critical minerals
recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical minerals,
including for mining, usage, recycling, and end-use material
and technology requirements;
(D) examine, and provide recommendations for, options for
accessing and developing critical minerals through investment
and trade with allies and partners of the United States;
(E) evaluate and provide recommendations to incentivize the
development and use of advances in science and technology in
the private industry;
(F) assess the need for, and make recommendations to
address, the challenges the United States critical minerals
supply chain workforce faces, including--
(i) aging and retiring personnel and faculty;
(ii) public perceptions about the nature of mining and
mineral processing; and
(iii) foreign competition for United States talent;
(G) develop, and update as necessary, a strategic plan to
guide Federal programs and activities to enhance--
(i) scientific and technical capabilities across
critical mineral supply chains, including a roadmap that
identifies key research and development needs and
coordinates ongoing activities for source diversification,
more efficient use, recycling, and substitution for
critical minerals; and
(ii) cross-cutting mining science, data science
techniques, materials science, manufacturing science and
engineering, computational modeling, and environmental
health and safety research and development; and
(H) report to the appropriate committees of Congress on
activities and findings under this subsection.
(4) Mandatory responsibilities.--In carrying out paragraphs (1)
and (2), the Subcommittee shall, taking into account the findings
and recommendations of relevant advisory committees, identify and
evaluate Federal policies and regulations that restrict the mining
of critical minerals.
(d) Grant Program for Processing of Critical Minerals and
Development of Critical Minerals and Metals.--
(1) Establishment.--The Secretary, in consultation with the
Director, the Secretary of the Interior, and the Secretary of
Commerce, shall establish a grant program to finance pilot projects
for--
(A) the processing or recycling of critical minerals in the
United States; or
(B) the development of critical minerals and metals in the
United States
(2) Limitation on grant awards.--A grant awarded under
paragraph (1) may not exceed $10,000,000.
(3) Economic viability.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects that the
Secretary determines are likely to be economically viable over the
long term.
(4) Secondary recovery.--In awarding grants under paragraph
(1), the Secretary shall seek to award not less than 30 percent of
the total amount of grants awarded during the fiscal year for
projects relating to secondary recovery of critical minerals and
metals.
(5) Domestic priority.--In awarding grants for the development
of critical minerals and metals under paragraph (1)(B), the
Secretary shall prioritize pilot projects that will process the
critical minerals and metals domestically.
(6) Prohibition on processing by foreign entity of concern.--In
awarding grants under paragraph (1), the Secretary shall ensure
that pilot projects do not export for processing any critical
minerals and metals to a foreign entity of concern.
(7) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out the grant program
established under paragraph (1) $100,000,000 for each of fiscal
years 2021 through 2024.
SEC. 40211. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a board, to be
known as the ``21st Century Energy Workforce Advisory Board'', to
develop a strategy for the Department that, with respect to the role of
the Department in the support and development of a skilled energy
workforce--
(1) meets the current and future industry and labor needs of
the energy sector;
(2) provides opportunities for students to become qualified for
placement in traditional energy sector and emerging energy sector
jobs;
(3) identifies areas in which the Department can effectively
utilize the technical expertise of the Department to support the
workforce activities of other Federal agencies;
(4) strengthens and engages the workforce training programs of
the Department and the National Laboratories in carrying out the
Equity in Energy Initiative of the Department and other Department
workforce priorities;
(5) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(6) prioritizes education and job training for underrepresented
groups, including racial and ethnic minorities, Indian Tribes,
women, veterans, and socioeconomically disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of not fewer than
10 and not more than 15 members, with the initial members of the
Board to be appointed by the Secretary not later than 1 year after
the date of enactment of this Act.
(2) Requirement.--The Board shall include not fewer than 1
representative of a labor organization with significant energy
experience who has been nominated by a national labor federation.
(3) Qualifications.--Each individual appointed to the Board
under paragraph (1) shall have expertise in--
(A) the field of economics or workforce development;
(B) relevant traditional energy industries or emerging
energy industries, including energy efficiency;
(C) secondary or postsecondary education;
(D) energy workforce development or apprenticeship programs
of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including racial and
ethnic minorities, women, veterans, and socioeconomically
disadvantaged individuals, into the workforce.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to more
effectively and efficiently use the capabilities of the
Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work with
other relevant Federal agencies, States, units of local
government, institutions of higher education, labor
organizations, Indian Tribes and tribal organizations, and
industry in the development of a skilled energy workforce,
subject to applicable law;
(C) identify ways in which the Department and National
Laboratories can--
(i) increase outreach to minority-serving institutions;
and
(ii) make resources available to increase the number of
skilled minorities and women trained to go into the energy
and energy-related manufacturing sectors;
(iii) increase outreach to displaced and unemployed
energy sector workers; and
(iv) make resources available to provide training to
displaced and unemployed energy sector workers to reenter
the energy workforce; and
(D)(i) identify the energy sectors in greatest need of
workforce training; and
(ii) in consultation with the Secretary of Labor, develop
recommendations for the skills necessary to develop a workforce
trained to work in those energy sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the effectiveness
of--
(A) existing Department-directed support; and
(B) existing energy workforce training programs.
(3) Report.--
(A) In general.--Not later than 1 year after the date on
which the Board is established under this section, and
biennially thereafter until the date on which the Board is
terminated under subsection (f), the Board shall submit to the
Secretary a report containing, with respect to the strategy
required under subsection (a)--
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy of the
Board.
(B) Response of the secretary.--Not later than 90 days
after the date on which a report is submitted to the Secretary
under subparagraph (A), the Secretary shall--
(i) submit to the Board a response to the report that--
(I) describes whether the Secretary approves or
disapproves of each recommendation of the Board under
subparagraph (A); and
(II) if the Secretary approves of a recommendation,
provides an implementation plan for the recommendation;
and
(ii) submit to Congress--
(I) the report of the Board under subparagraph (A);
and
(II) the response of the Secretary under clause
(i).
(C) Public availability of report.--
(i) In general.--The Board shall make each report under
subparagraph (A) available to the public on the earlier
of--
(I) the date on which the Board receives the
response of the Secretary under subparagraph (B)(i);
and
(II) the date that is 90 days after the date on
which the Board submitted the report to the Secretary.
(ii) Requirement.--If the Board has received a response
to a report from the Secretary under subparagraph (B)(i),
the Board shall make that response publicly available with
the applicable report.
(d) Report by the Secretary.--Not later than 180 days before the
date of expiration of a term of the Board under subsection (f), the
Secretary shall submit to the Committees on Energy and Natural
Resources and Appropriations of the Senate and the Committees on Energy
and Commerce and Appropriations of the House of Representatives a
report that--
(1) describes the effectiveness and accomplishments of the
Board during the applicable term;
(2) contains a determination of the Secretary as to whether the
Board should be renewed; and
(3) if the Secretary determines that the Board should be
renewed, any recommendations as to whether and how the scope and
functions of the Board should be modified.
(e) Outreach to Minority-Serving Institutions, Veterans, and
Displaced and Unemployed Energy Workers.--In developing the strategy
under subsection (a), the Board shall--
(1) give special consideration to increasing outreach to
minority-serving institutions, veterans, and displaced and
unemployed energy workers;
(2) make resources available to--
(A) minority-serving institutions, with the objective of
increasing the number of skilled minorities and women trained
to go into the energy and manufacturing sectors;
(B) institutions that serve veterans, with the objective of
increasing the number veterans in the energy industry by
ensuring that veterans have the credentials and training
necessary to secure careers in the energy industry; and
(C) institutions that serve displaced and unemployed energy
workers to increase the number of individuals trained for jobs
in the energy industry;
(3) encourage the energy industry to improve the opportunities
for students of minority-serving institutions, veterans, and
displaced and unemployed energy workers to participate in
internships, preapprenticeships, apprenticeships, and cooperative
work-study programs in the energy industry; and
(4) work with the National Laboratories to increase the
participation of underrepresented groups, veterans, and displaced
and unemployed energy workers in internships, fellowships, training
programs, and employment at the National Laboratories.
(f) Term.--
(1) In general.--Subject to paragraph (2), the Board shall
terminate on September 30, 2026.
(2) Extensions.--The Secretary may renew the Board for 1 or
more 5-year periods by submitting, not later than the date
described in subsection (d), a report described in that subsection
that contains a determination by the Secretary that the Board
should be renewed.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
SEC. 40301. FINDINGS.
Congress finds that--
(1) the industrial sector is integral to the economy of the
United States--
(A) providing millions of jobs and essential products; and
(B) demonstrating global leadership in manufacturing and
innovation;
(2) carbon capture and storage technologies are necessary for
reducing hard-to-abate emissions from the industrial sector, which
emits nearly 25 percent of carbon dioxide emissions in the United
States;
(3) carbon removal and storage technologies, including direct
air capture, must be deployed at large-scale in the coming decades
to remove carbon dioxide directly from the atmosphere;
(4) large-scale deployment of carbon capture, removal,
utilization, transport, and storage--
(A) is critical for achieving mid-century climate goals;
and
(B) will drive regional economic development, technological
innovation, and high-wage employment;
(5) carbon capture, removal, and utilization technologies
require a backbone system of shared carbon dioxide transport and
storage infrastructure to enable large-scale deployment, realize
economies of scale, and create an interconnected carbon management
market;
(6) carbon dioxide transport infrastructure and permanent
geological storage are proven and safe technologies with existing
Federal and State regulatory frameworks;
(7) carbon dioxide transport and storage infrastructure share
similar barriers to deployment previously faced by other types of
critical national infrastructure, such as high capital costs and
chicken-and-egg challenges, that require Federal and State support,
in combination with private investment, to be overcome; and
(8) each State should take into consideration, with respect to
new carbon dioxide transportation infrastructure--
(A) qualifying the infrastructure as pollution control
devices under applicable laws (including regulations) of the
State; and
(B) establishing a waiver of ad valorem and property taxes
for the infrastructure for a period of not less than 10 years.
SEC. 40302. CARBON UTILIZATION PROGRAM.
Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) to develop or obtain, in coordination with other
applicable Federal agencies and standard-setting organizations,
standards and certifications, as appropriate, to facilitate the
commercialization of the products and technologies described in
paragraph (2);'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Grant program.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Infrastructure Investment and Jobs Act, the
Secretary shall establish a program to provide grants to
eligible entities to use in accordance with subparagraph (D).
``(B) Eligible entities.--To be eligible to receive a grant
under this paragraph, an entity shall be--
``(i) a State;
``(ii) a unit of local government; or
``(iii) a public utility or agency.
``(C) Applications.--Eligible entities desiring a grant
under this paragraph shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
``(D) Use of funds.--An eligible entity shall use a grant
received under this paragraph to procure and use commercial or
industrial products that--
``(i) use or are derived from anthropogenic carbon
oxides; and
``(ii) demonstrate significant net reductions in
lifecycle greenhouse gas emissions compared to incumbent
technologies, processes, and products.''; and
(C) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``this subsection''; and
(3) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $41,000,000 for fiscal year 2022;
``(2) $65,250,000 for fiscal year 2023;
``(3) $66,562,500 for fiscal year 2024;
``(4) $67,940,625 for fiscal year 2025; and
``(5) $69,387,656 for fiscal year 2026.''.
SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking ``program.'' and
inserting ``program for carbon capture technologies; and''; and
(C) by adding at the end the following:
``(E) a front-end engineering and design program for carbon
dioxide transport infrastructure necessary to enable deployment
of carbon capture, utilization, and storage technologies.'';
and
(2) in subsection (d)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) for activities under the front-end engineering and
design program described in subsection (b)(2)(E), $100,000,000
for the period of fiscal years 2022 through 2026.''.
SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION.
(a) In General.--Title IX of the Energy Policy Act of 2005 (42
U.S.C. 16181 et seq.) is amended by adding at the end the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``SEC. 999A. DEFINITIONS.
``In this subtitle:
``(1) CIFIA program.--The term `CIFIA program' means the carbon
dioxide transportation infrastructure finance and innovation
program established under section 999B(a).
``(2) Common carrier.--The term `common carrier' means a
transportation infrastructure operator or owner that--
``(A) publishes a publicly available tariff containing the
just and reasonable rates, terms, and conditions of
nondiscriminatory service; and
``(B) holds itself out to provide transportation services
to the public for a fee.
``(3) Contingent commitment.--The term `contingent commitment'
means a commitment to obligate funds from future available budget
authority that is--
``(A) contingent on those funds being made available in law
at a future date; and
``(B) not an obligation of the Federal Government.
``(4) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or for
the account of, an obligor in connection with a project,
including--
``(A) the cost of--
``(i) development-phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design
work, and other preconstruction activities;
``(ii) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition and installation of equipment (including
labor); and
``(iii) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction; and
``(B) transaction costs associated with financing the
project, including--
``(i) the cost of legal counsel and technical
consultants; and
``(ii) any subsidy amount paid in accordance with
section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii).
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan or loan guarantee authorized to be
provided under the CIFIA program with respect to a project.
``(6) Lender.--The term `lender' means a qualified
institutional buyer (as defined in section 230.144A(a) of title 17,
Code of Federal Regulations (or a successor regulation), commonly
known as Rule 144A(a) of the Securities and Exchange Commission and
issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)),
that is not a Federal qualified institutional buyer.
``(7) Letter of interest.--The term `letter of interest' means
a letter submitted by a potential applicant prior to an application
for credit assistance in a format prescribed by the Secretary on
the website of the CIFIA program that--
``(A) describes the project and the location, purpose, and
cost of the project;
``(B) outlines the proposed financial plan, including the
requested credit and grant assistance and the proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of other
eligibility requirements of the CIFIA program.
``(8) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of, and interest on, a loan made to an obligor, or
debt obligation issued by an obligor, in each case funded by a
lender.
``(9) Master credit agreement.--The term `master credit
agreement' means a conditional agreement that--
``(A) is for the purpose of extending credit assistance
for--
``(i) a project of high priority under section
999B(c)(3)(A); or
``(ii) a project covered under section 999B(c)(3)(B);
``(B) does not provide for a current obligation of Federal
funds; and
``(C) would--
``(i) make a contingent commitment of a Federal credit
instrument or grant at a future date, subject to--
``(I) the availability of future funds being made
available to carry out the CIFIA program; and
``(II) the satisfaction of all conditions for the
provision of credit assistance under the CIFIA program,
including section 999C(b);
``(ii) establish the maximum amounts and general terms
and conditions of the Federal credit instruments or grants;
``(iii) identify the 1 or more revenue sources that
will secure the repayment of the Federal credit
instruments;
``(iv) provide for the obligation of funds for the
Federal credit instruments or grants after all requirements
have been met for the projects subject to the agreement,
including--
``(I) compliance with all applicable requirements
specified under the CIFIA program, including sections
999B(d) and 999C(b)(1); and
``(II) the availability of funds to carry out the
CIFIA program; and
``(v) require that contingent commitments shall result
in a financial close and obligation of credit or grant
assistance by not later than 4 years after the date of
entry into the agreement or release of the commitment, as
applicable, unless otherwise extended by the Secretary.
``(10) Obligor.--The term `obligor' means a corporation,
partnership, joint venture, trust, non-Federal governmental entity,
agency, or instrumentality, or other entity that is liable for
payment of the principal of, or interest on, a Federal credit
instrument.
``(11) Produced in the united states.--The term `produced in
the United States', with respect to iron and steel, means that all
manufacturing processes for the iron and steel, including the
application of any coating, occurs within the United States.
``(12) Project.--The term `project' means a project for common
carrier carbon dioxide transportation infrastructure or associated
equipment, including pipeline, shipping, rail, or other
transportation infrastructure and associated equipment, that will
transport or handle carbon dioxide captured from anthropogenic
sources or ambient air, as the Secretary determines to be
appropriate.
``(13) Project obligation.--The term `project obligation' means
any note, bond, debenture, or other debt obligation issued by an
obligor in connection with the financing of a project, other than a
Federal credit instrument.
``(14) Secured loan.--The term `secured loan' means a direct
loan to an obligor or a debt obligation issued by an obligor and
purchased by the Secretary, in each case funded by the Secretary in
connection with the financing of a project under section 999C.
``(15) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated long-
term cost to the Federal Government of a Federal credit
instrument--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any incidental
effects on governmental receipts or outlays in accordance with
the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(16) Substantial completion.--The term `substantial
completion', with respect to a project, means the date--
``(A) on which the project commences transportation of
carbon dioxide; or
``(B) of a comparable event to the event described in
subparagraph (A), as determined by the Secretary and specified
in the project credit agreement.
``SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
``(a) Establishment of Program.--The Secretary shall establish and
carry out a carbon dioxide transportation infrastructure finance and
innovation program, under which the Secretary shall provide for
eligible projects in accordance with this subtitle--
``(1) a Federal credit instrument under section 999C;
``(2) a grant under section 999D; or
``(3) both a Federal credit instrument and a grant.
``(b) Eligibility.--
``(1) In general.--A project shall be eligible to receive a
Federal credit instrument or a grant under the CIFIA program if--
``(A) the entity proposing to carry out the project submits
a letter of interest prior to submission of an application
under paragraph (3) for the project; and
``(B) the project meets the criteria described in this
subsection.
``(2) Creditworthiness.--
``(A) In general.--Each project and obligor that receives a
Federal credit instrument or a grant under the CIFIA program
shall be creditworthy, such that there exists a reasonable
prospect of repayment of the principal and interest on the
Federal credit instrument, as determined by the Secretary under
subparagraph (B).
``(B) Reasonable prospect of repayment.--The Secretary
shall base a determination of whether there is a reasonable
prospect of repayment under subparagraph (A) on a comprehensive
evaluation of whether the obligor has a reasonable prospect of
repaying the Federal credit instrument for the eligible
project, including evaluation of--
``(i) the strength of the contractual terms of an
eligible project (if available for the applicable market
segment);
``(ii) the forecast of noncontractual cash flows
supported by market projections from reputable sources, as
determined by the Secretary, and cash sweeps or other
structural enhancements;
``(iii) the projected financial strength of the
obligor--
``(I) at the time of loan close; and
``(II) throughout the loan term, including after
the project is completed;
``(iv) the financial strength of the investors and
strategic partners of the obligor, if applicable; and
``(v) other financial metrics and analyses that are
relied on by the private lending community and nationally
recognized credit rating agencies, as determined
appropriate by the Secretary.
``(3) Applications.--To be eligible for assistance under the
CIFIA program, an obligor shall submit to the Secretary a project
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
``(4) Eligible project costs.--A project under the CIFIA
program shall have eligible project costs that are reasonably
anticipated to equal or exceed $100,000,000.
``(5) Revenue sources.--The applicable Federal credit
instrument shall be repayable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-private
partnership; or
``(C) other revenue sources that also secure or fund the
project obligations.
``(6) Obligor will be identified later.--A State, local
government, agency, or instrumentality of a State or local
government, or a public authority, may submit to the Secretary an
application under paragraph (3), under which a private party to a
public-private partnership will be--
``(A) the obligor; and
``(B) identified at a later date through completion of a
procurement and selection of the private party.
``(7) Beneficial effects.--The Secretary shall determine that
financial assistance for each project under the CIFIA program
will--
``(A) attract public or private investment for the project;
or
``(B) enable the project to proceed at an earlier date than
the project would otherwise be able to proceed or reduce the
lifecycle costs (including debt service costs) of the project.
``(8) Project readiness.--To be eligible for assistance under
the CIFIA program, the applicant shall demonstrate a reasonable
expectation that the contracting process for construction of the
project can commence by not later than 90 days after the date on
which a Federal credit instrument or grant is obligated for the
project under the CIFIA program.
``(c) Selection Among Eligible Projects.--
``(1) Establishment of application process.--The Secretary
shall establish an application process under which projects that
are eligible to receive assistance under subsection (b) may--
``(A) receive credit assistance on terms acceptable to the
Secretary, if adequate funds are available (including any funds
provided on behalf of an eligible project under paragraph
(3)(B)(ii)) to cover the subsidy amount associated with the
Federal credit instrument; and
``(B) receive grants under section 999D if--
``(i) adequate funds are available to cover the amount
of the grant; and
``(ii) the Secretary determines that the project is
eligible under subsection (b).
``(2) Priority.--In selecting projects to receive credit
assistance under subsection (b), the Secretary shall give priority
to projects that--
``(A) are large-capacity, common carrier infrastructure;
``(B) have demonstrated demand for use of the
infrastructure by associated projects that capture carbon
dioxide from anthropogenic sources or ambient air;
``(C) enable geographical diversity in associated projects
that capture carbon dioxide from anthropogenic sources or
ambient air, with the goal of enabling projects in all major
carbon dioxide-emitting regions of the United States; and
``(D) are sited within, or adjacent to, existing pipeline
or other linear infrastructure corridors, in a manner that
minimizes environmental disturbance and other siting concerns.
``(3) Master credit agreements.--
``(A) Priority projects.--The Secretary may enter into a
master credit agreement for a project that the Secretary
determines--
``(i) will likely be eligible for credit assistance
under subsection (b), on obtaining--
``(I) additional commitments from associated carbon
capture projects to use the project; or
``(II) all necessary permits and approvals; and
``(ii) is a project of high priority, as determined in
accordance with the criteria described in paragraph (2).
``(B) Adequate funding not available.--If the Secretary
fully obligates funding to eligible projects for a fiscal year
and adequate funding is not available to fund a Federal credit
instrument, a project sponsor (including a unit of State or
local government) of an eligible project may elect--
``(i)(I) to enter into a master credit agreement in
lieu of the Federal credit instrument; and
``(II) to wait to execute a Federal credit instrument
until the fiscal year for which additional funds are
available to receive credit assistance; or
``(ii) if the lack of adequate funding is solely with
respect to amounts available for the subsidy amount, to pay
the subsidy amount to fund the Federal credit instrument.
``(d) Federal Requirements.--
``(1) In general.--Nothing in this subtitle supersedes the
applicability of any other requirement under Federal law (including
regulations).
``(2) NEPA.--Federal credit assistance may only be provided
under this subtitle for a project that has received an
environmental categorical exclusion, a finding of no significant
impact, or a record of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(e) Use of American Iron, Steel, and Manufactured Goods.--
``(1) In general.--Except as provided in paragraph (2), no
Federal credit instrument or grant provided under the CIFIA program
shall be made available for a project unless all iron, steel, and
manufactured goods used in the project are produced in the United
States.
``(2) Exceptions.--Paragraph (1) shall not apply in any case or
category of cases with respect to which the Secretary determines
that--
``(A) the application would be inconsistent with the public
interest;
``(B) iron, steel, or a relevant manufactured good is not
produced in the United States in sufficient and reasonably
available quantity, or of a satisfactory quality; or
``(C) the inclusion of iron, steel, or a manufactured good
produced in the United States will increase the cost of the
overall project by more than 25 percent.
``(3) Waivers.--If the Secretary receives a request for a
waiver under this subsection, the Secretary shall--
``(A) make available to the public a copy of the request,
together with any information available to the Secretary
concerning the request--
``(i) on an informal basis; and
``(ii) by electronic means, including on the official
public website of the Department;
``(B) allow for informal public comment relating to the
request for not fewer than 15 days before making a
determination with respect to the request; and
``(C) approve or disapprove the request by not later than
the date that is 120 days after the date of receipt of the
request.
``(4) Applicability.--This subsection shall be applied in
accordance with any applicable obligations of the United States
under international agreements.
``(f) Application Processing Procedures.--
``(1) Notice of complete application.--Not later than 30 days
after the date of receipt of an application under this section, the
Secretary shall provide to the applicant a written notice
describing whether--
``(A) the application is complete; or
``(B) additional information or materials are needed to
complete the application.
``(2) Approval or denial of application.--Not later than 60
days after the date of issuance of a written notice under paragraph
(1), the Secretary shall provide to the applicant a written notice
informing the applicant whether the Secretary has approved or
disapproved the application.
``(g) Development-phase Activities.--Any Federal credit instrument
provided under the CIFIA program may be used to finance up to 100
percent of the cost of development-phase activities, as described in
section 999A(4)(A).
``SEC. 999C. SECURED LOANS.
``(a) Agreements.--
``(1) In general.--Subject to paragraph (2), the Secretary may
enter into agreements with 1 or more obligors to make secured
loans, the proceeds of which--
``(A) shall be used--
``(i) to finance eligible project costs of any project
selected under section 999B;
``(ii) to refinance interim construction financing of
eligible project costs of any project selected under
section 999B; or
``(iii) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional funding capacity for the completion,
enhancement, or expansion of any project that--
``(I) is selected under section 999B; or
``(II) otherwise meets the requirements of that
section; and
``(B) may be used in accordance with subsection (b)(7) to
pay any fees collected by the Secretary under subparagraph (B)
of that subsection.
``(2) Risk assessment.--Before entering into an agreement under
this subsection, the Secretary, in consultation with the Director
of the Office of Management and Budget, shall determine an
appropriate credit subsidy amount for each secured loan, taking
into account all relevant factors, including the creditworthiness
factors under section 999B(b)(2).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary
determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan under this
section shall not exceed an amount equal to 80 percent of the
reasonably anticipated eligible project costs.
``(3) Payment.--A secured loan under this section shall be
payable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-private
partnership; or
``(C) other revenue sources that also secure or fund the
project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in subparagraph (B),
the interest rate on a secured loan under this section shall be
not less than the interest rate reflected in the yield on
United States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
``(B) Limited buydowns.--
``(i) In general.--Subject to clause (iii), the
Secretary may lower the interest rate of a secured loan
under this section to not lower than the interest rate
described in clause (ii), if the interest rate has
increased during the period--
``(I) beginning on, as applicable--
``(aa) the date on which an application
acceptable to the Secretary is submitted for the
applicable project; or
``(bb) the date on which the Secretary entered
into a master credit agreement for the applicable
project; and
``(II) ending on the date on which the Secretary
executes the Federal credit instrument for the
applicable project that is the subject of the secured
loan.
``(ii) Description of interest rate.--The interest rate
referred to in clause (i) is the interest rate reflected in
the yield on United States Treasury securities of a similar
maturity to the maturity of the secured loan in effect, as
applicable to the project that is the subject of the
secured loan, on--
``(I) the date described in clause (i)(I)(aa); or
``(II) the date described in clause (i)(I)(bb).
``(iii) Limitation.--The interest rate of a secured
loan may not be lowered pursuant to clause (i) by more than
1\1/2\ percentage points (150 basis points).
``(5) Maturity date.--The final maturity date of the secured
loan shall be the earlier of--
``(A) the date that is 35 years after the date of
substantial completion of the project; and
``(B) if the useful life of the capital asset being
financed is of a lesser period, the date that is the end of the
useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in subparagraph (B),
the secured loan shall not be subordinated to the claims of any
holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) In general.--The Secretary shall waive the
requirement under subparagraph (A) for a public agency
borrower that is financing ongoing capital programs and has
outstanding senior bonds under a preexisting indenture,
if--
``(I) the secured loan is rated in the A category
or higher; and
``(II) the secured loan is secured and payable from
pledged revenues not affected by project performance,
such as a tax-backed revenue pledge or a system-backed
pledge of project revenues.
``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--
``(I) the maximum credit subsidy amount to be paid
by the Federal Government shall be not more than 10
percent of the principal amount of the secured loan;
and
``(II) the obligor shall be responsible for paying
the remainder of the subsidy amount, if any.
``(7) Fees.--
``(A) In general.--The Secretary may collect a fee on or
after the date of the financial close of a Federal credit
instrument under this section in an amount equal to not more
than $3,000,000 to cover all or a portion of the costs to the
Federal Government of providing the Federal credit instrument.
``(B) Amendment to add cost of fees to secured loan.--If
the Secretary collects a fee from an obligor under subparagraph
(A) to cover all or a portion of the costs to the Federal
Government of providing a secured loan, the obligor and the
Secretary may amend the terms of the secured loan to add to the
principal of the secured loan an amount equal to the amount of
the fee collected by the Secretary.
``(8) Maximum federal involvement.--The total Federal
assistance provided for a project under the CIFIA program,
including any grant provided under section 999D, shall not exceed
an amount equal to 80 percent of the eligible project costs.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on--
``(A) the projected cash flow from project revenues and
other repayment sources; and
``(B) the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal or
interest on a secured loan under this section shall commence not
later than 5 years after the date of substantial completion of the
project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after the date of
substantial completion of a project, the project is unable to
generate sufficient revenues in excess of reasonable and
necessary operating expenses to pay the scheduled loan
repayments of principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the obligor
to add unpaid principal and interest to the outstanding balance
of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining
term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the project meeting
criteria established by the Secretary.
``(ii) Repayment standards.--The criteria established
pursuant to clause (i) shall include standards for the
reasonable prospect of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements on
the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan, without
penalty.
``(B) Use of proceeds of refinancing.--A secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity or
reoffer into the capital markets a secured loan for the project if
the Secretary determines that the sale or reoffering can be made on
favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering under
paragraph (1), the Secretary may not change any original term or
condition of the secured loan without the written consent of the
obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan guarantee
to a lender in lieu of making a secured loan under this section if
the Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as, or less than, that of a
secured loan.
``(2) Terms.--The terms of a loan guarantee under paragraph (1)
shall be consistent with the terms required under this section for
a secured loan, except that the rate on the guaranteed loan and any
prepayment features shall be negotiated between the obligor and the
lender, with the consent of the Secretary.
``SEC. 999D. FUTURE GROWTH GRANTS.
``(a) Establishment.--The Secretary may provide grants to pay a
portion of the cost differential, with respect to any projected future
increase in demand for carbon dioxide transportation by an
infrastructure project described in subsection (b), between--
``(1) the cost of constructing the infrastructure asset with
the capacity to transport an increased flow rate of carbon dioxide,
as made practicable under the project; and
``(2) the cost of constructing the infrastructure asset with
the capacity to transport carbon dioxide at the flow rate initially
required, based on commitments for the use of the asset.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be eligible to receive credit assistance under the CIFIA
program;
``(2) carry out, or propose to carry out, a project for large-
capacity, common carrier infrastructure with a probable future
increase in demand for carbon dioxide transportation; and
``(3) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
determines to be appropriate.
``(c) Use of Funds.--A grant provided under this section may be
used only to pay the costs of any additional flow rate capacity of a
carbon dioxide transportation infrastructure asset that the project
sponsor demonstrates to the satisfaction of the Secretary can
reasonably be expected to be used during the 20-year period beginning
on the date of substantial completion of the project described in
subsection (b)(2).
``(d) Maximum Amount.--The amount of a grant provided under this
section may not exceed an amount equal to 80 percent of the cost of the
additional capacity described in subsection (a).
``SEC. 999E. PROGRAM ADMINISTRATION.
``(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instruments provided under the CIFIA
program.
``(b) Fees.--If funding sufficient to cover the costs of services
of expert firms retained pursuant to subsection (d) and all or a
portion of the costs to the Federal Government of servicing the Federal
credit instruments is not provided in an appropriations Act for a
fiscal year, the Secretary, during that fiscal year, may collect fees
on or after the date of the financial close of a Federal credit
instrument provided under the CIFIA program at a level that is
sufficient to cover those costs.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial entity
to assist the Secretary in servicing the Federal credit
instruments.
``(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in the underwriting and servicing of
Federal credit instruments.
``(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under the
CIFIA program.
``SEC. 999F. STATE AND LOCAL PERMITS.
``The provision of credit assistance under the CIFIA program with
respect to a project shall not--
``(1) relieve any recipient of the assistance of any project
obligation to obtain any required State or local permit or approval
with respect to the project;
``(2) limit the right of any unit of State or local government
to approve or regulate any rate of return on private equity
invested in the project; or
``(3) otherwise supersede any State or local law (including any
regulation) applicable to the construction or operation of the
project.
``SEC. 999G. REGULATIONS.
``The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out the CIFIA program.
``SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this subtitle--
``(A) $600,000,000 for each of fiscal years 2022 and 2023;
and
``(B) $300,000,000 for each of fiscal years 2024 through
2026.
``(2) Spending and borrowing authority.--Spending and borrowing
authority for a fiscal year to enter into Federal credit
instruments shall be promptly apportioned to the Secretary on a
fiscal-year basis.
``(3) Reestimates.--If the subsidy amount of a Federal credit
instrument is reestimated, the cost increase or decrease of the
reestimate shall be borne by, or benefit, the general fund of the
Treasury, consistent with section 504(f) of the Congressional
Budget Act of 1974 (2 U.S.C. 661c(f)).
``(4) Administrative costs.--Of the amounts made available to
carry out the CIFIA program, the Secretary may use not more than
$9,000,000 (as indexed for United States dollar inflation from the
date of enactment of the Infrastructure Investment and Jobs Act (as
measured by the Consumer Price Index)) each fiscal year for the
administration of the CIFIA program.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of law,
execution of a term sheet by the Secretary of a Federal credit
instrument that uses amounts made available under the CIFIA program
shall impose on the United States a contractual obligation to fund
the Federal credit investment.
``(2) Availability.--Amounts made available to carry out the
CIFIA program for a fiscal year shall be available for obligation
on October 1 of the fiscal year.''.
(b) Technical Amendments.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) by striking the items relating to subtitle J of title IX
(relating to ultra-deepwater and unconventional natural gas and
other petroleum resources) and inserting the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``Sec. 999A. Definitions.
``Sec. 999B. Determination of eligibility and project selection.
``Sec. 999C. Secured loans.
``Sec. 999D. Future growth grants.
``Sec. 999E. Program administration.
``Sec. 999F. State and local permits.
``Sec. 999G. Regulations.
``Sec. 999H. Authorization of appropriations; contract authority.''; and
(3) by striking the item relating to section 969B and inserting
the following:
``Sec. 969B. High efficiency turbines.''.
SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in subsection (a)(1)(B), by striking ``over a 10-year
period'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and demonstration'' and
inserting ``demonstration, and commercialization''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking ``and'' at the
end;
(ii) in subparagraph (H), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) evaluating the quantity, location, and timing
of geologic carbon storage deployment that may be
needed, and developing strategies and resources to
enable the deployment.'';
(3) by redesignating subsections (e) through (g) as subsections
(f) through (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Large-scale Carbon Storage Commercialization Program.--
``(1) In general.--The Secretary shall establish a
commercialization program under which the Secretary shall provide
funding for the development of new or expanded commercial large-
scale carbon sequestration projects and associated carbon dioxide
transport infrastructure, including funding for the feasibility,
site characterization, permitting, and construction stages of
project development.
``(2) Applications; selection.--
``(A) In general.--To be eligible to enter into an
agreement with the Secretary for funding under paragraph (1),
an entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary determines to be appropriate.
``(B) Application process.--The Secretary shall establish
an application process that, to the maximum extent
practicable--
``(i) is open to projects at any stage of development
described in paragraph (1); and
``(ii) facilitates expeditious development of projects
described in that paragraph.
``(C) Project selection.--In selecting projects for funding
under paragraph (1), the Secretary shall give priority to--
``(i) projects with substantial carbon dioxide storage
capacity; or
``(ii) projects that will store carbon dioxide from
multiple carbon capture facilities.'';
(5) in subsection (f) (as so redesignated), in paragraph (1),
by inserting ``with respect to the research, development,
demonstration program components described in subsections (b)
through (d)'' before ``give preference''; and
(6) by striking subsection (h) (as so redesignated) and
inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,500,000,000
for the period of fiscal years 2022 through 2026.''.
SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Class vi well.--The term ``Class VI well'' means a well
described in section 144.6(f) of title 40, Code of Federal
Regulations (or successor regulations).
(b) Authorization of Appropriations for Geologic Sequestration
Permitting.--There is authorized to be appropriated to the
Administrator for the permitting of Class VI wells by the Administrator
for the injection of carbon dioxide for the purpose of geologic
sequestration in accordance with the requirements of the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) and the final rule of the
Administrator entitled ``Federal Requirements Under the Underground
Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic
Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)),
$5,000,000 for each of fiscal years 2022 through 2026.
(c) State Permitting Program Grants.--
(1) Establishment.--The Administrator shall award grants to
States that, pursuant to section 1422 of the Safe Drinking Water
Act (42 U.S.C. 300h-1), receive the approval of the Administrator
for a State underground injection control program for permitting
Class VI wells for the injection of carbon dioxide.
(2) Use of funds.--A State that receives a grant under
paragraph (1) shall use the amounts received under the grant to
defray the expenses of the State related to the establishment and
operation of a State underground injection control program
described in paragraph (1).
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Administrator to carry out this subsection
$50,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL
SHELF.
(a) Definitions.--Section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331) is amended--
(1) in the matter preceding subsection (a), by striking ``When
used in this Act--'' and inserting ``In this Act:'';
(2) in each subsection, by inserting a subsection heading, the
text of which is comprised of the term defined in the subsection;
(3) by striking the semicolon at the end of each subsection
(other than subsection (q)) and ``; and'' at the end of subsection
(p) and inserting a period; and
(4) by adding at the end the following:
``(r) Carbon Dioxide Stream.--
``(1) In general.--The term `carbon dioxide stream' means
carbon dioxide that--
``(A) has been captured; and
``(B) consists overwhelmingly of--
``(i) carbon dioxide plus incidental associated
substances derived from the source material or capture
process; and
``(ii) any substances added to the stream for the
purpose of enabling or improving the injection process.
``(2) Exclusions.--The term `carbon dioxide stream' does not
include additional waste or other matter added to the carbon
dioxide stream for the purpose of disposal.
``(s) Carbon Sequestration.--The term `carbon sequestration' means
the act of storing carbon dioxide that has been removed from the
atmosphere or captured through physical, chemical, or biological
processes that can prevent the carbon dioxide from reaching the
atmosphere.''.
(b) Leases, Easements, or Rights-of-way for Energy and Related
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) provide for, support, or are directly related to the
injection of a carbon dioxide stream into sub-seabed geologic
formations for the purpose of long-term carbon
sequestration.''.
(c) Clarification.--A carbon dioxide stream injected for the
purpose of carbon sequestration under subparagraph (E) of section
8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1))
shall not be considered to be material (as defined in section 3 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1402)) for purposes of that Act (33 U.S.C. 1401 et seq.).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall promulgate regulations
to carry out the amendments made by this section.
SEC. 40308. CARBON REMOVAL.
(a) In General.--Section 969D of the Energy Policy Act of 2005 (42
U.S.C. 16298d) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Regional Direct Air Capture Hubs.--
``(1) Definitions.--In this subsection:
``(A) Eligible project.--The term `eligible project' means
a direct air capture project or a component project of a
regional direct air capture hub.
``(B) Regional direct air capture hub.--The term `regional
direct air capture hub' means a network of direct air capture
projects, potential carbon dioxide utilization off-takers,
connective carbon dioxide transport infrastructure, subsurface
resources, and sequestration infrastructure located within a
region.
``(2) Establishment of program.--
``(A) In general.--The Secretary shall establish a program
under which the Secretary shall provide funding for eligible
projects that contribute to the development of 4 regional
direct air capture hubs described in subparagraph (B).
``(B) Regional direct air capture hubs.--Each of the 4
regional direct air capture hubs developed under the program
under subparagraph (A) shall be a regional direct air capture
hub that--
``(i) facilitates the deployment of direct air capture
projects;
``(ii) has the capacity to capture and sequester,
utilize, or sequester and utilize at least 1,000,000 metric
tons of carbon dioxide from the atmosphere annually from a
single unit or multiple interconnected units;
``(iii) demonstrates the capture, processing, delivery,
and sequestration or end-use of captured carbon; and
``(iv) could be developed into a regional or
interregional carbon network to facilitate sequestration or
carbon utilization.
``(3) Selection of projects.--
``(A) Solicitation of proposals.--
``(i) In general.--Not later than 180 days after the
date of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall solicit applications for funding
for eligible projects.
``(ii) Additional solicitations.--The Secretary shall
solicit applications for funding for eligible projects on a
recurring basis after the first round of applications is
received under clause (i) until all amounts appropriated to
carry out this subsection are expended.
``(B) Selection of projects for the development of regional
direct air capture hubs.--Not later than 3 years after the date
of the deadline for the submission of proposals under
subparagraph (A)(i), the Secretary shall select eligible
projects described in paragraph (2)(A).
``(C) Criteria.--The Secretary shall select eligible
projects under subparagraph (B) using the following criteria:
``(i) Carbon intensity of local industry.--To the
maximum extent practicable, each eligible project shall be
located in a region with--
``(I) existing carbon-intensive fuel production or
industrial capacity; or
``(II) carbon-intensive fuel production or
industrial capacity that has retired or closed in the
preceding 10 years.
``(ii) Geographic diversity.--To the maximum extent
practicable, eligible projects shall contribute to the
development of regional direct air capture hubs located in
different regions of the United States.
``(iii) Carbon potential.--To the maximum extent
practicable, eligible projects shall contribute to the
development of regional direct air capture hubs located in
regions with high potential for carbon sequestration or
utilization.
``(iv) Hubs in fossil-producing regions.--To the
maximum extent practicable, eligible projects shall
contribute to the development of at least 2 regional direct
air capture hubs located in economically distressed
communities in the regions of the United States with high
levels of coal, oil, or natural gas resources.
``(v) Scalability.--The Secretary shall give priority
to eligible projects that, as compared to other eligible
projects, will contribute to the development of regional
direct air capture hubs with larger initial capacity,
greater potential for expansion, and lower levelized cost
per ton of carbon dioxide removed from the atmosphere.
``(vi) Employment.--The Secretary shall give priority
to eligible projects that are likely to create
opportunities for skilled training and long-term employment
to the greatest number of residents of the region.
``(vii) Additional criteria.--The Secretary may take
into consideration other criteria that, in the judgment of
the Secretary, are necessary or appropriate to carry out
this subsection.
``(D) Coordination.--To the maximum extent practicable, in
carrying out the program under this subsection, the Secretary
shall take into account and coordinate with activities of the
carbon capture technology program established under section
962(b)(1), the carbon storage validation and testing program
established under section 963(b)(1), and the CIFIA program
established under section 999B(a) such that funding from each
of the programs is leveraged to contribute toward the
development of integrated regional and interregional carbon
capture, removal, transport, sequestration, and utilization
networks.
``(E) Funding of eligible projects.--The Secretary may make
grants to, or enter into cooperative agreements or contracts
with, each eligible project selected under subparagraph (B) to
accelerate commercialization of, and demonstrate the removal,
processing, transport, sequestration, and utilization of,
carbon dioxide captured from the atmosphere.
``(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$3,500,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.''.
Subtitle B--Hydrogen Research and Development
SEC. 40311. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) hydrogen plays a critical part in the comprehensive energy
portfolio of the United States;
(2) the use of the hydrogen resources of the United States--
(A) promotes energy security and resilience; and
(B) provides economic value and environmental benefits for
diverse applications across multiple sectors of the economy;
and
(3) hydrogen can be produced from a variety of domestically
available clean energy sources, including--
(A) renewable energy resources, including biomass;
(B) fossil fuels with carbon capture, utilization, and
storage; and
(C) nuclear power.
(b) Purpose.--The purpose of this subtitle is to accelerate
research, development, demonstration, and deployment of hydrogen from
clean energy sources by--
(1) providing a statutory definition for the term ``clean
hydrogen'';
(2) establishing a clean hydrogen strategy and roadmap for the
United States;
(3) establishing a clearing house for clean hydrogen program
information at the National Energy Technology Laboratory;
(4) developing a robust clean hydrogen supply chain and
workforce by prioritizing clean hydrogen demonstration projects in
major shale gas regions;
(5) establishing regional clean hydrogen hubs; and
(6) authorizing appropriations to carry out the Department of
Energy Hydrogen Program Plan, dated November 2020, developed
pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C.
16151 et seq.).
SEC. 40312. DEFINITIONS.
Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is
amended--
(1) in paragraph (5), by striking the paragraph designation and
heading and all that follows through ``when'' in the matter
preceding subparagraph (A) and inserting the following:
``(5) Portable; storage.--The terms `portable' and `storage',
when'';
(2) by redesignating paragraphs (1) through (7) as paragraphs
(2) through (8), respectively; and
(3) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' and
`hydrogen' mean hydrogen produced in compliance with the greenhouse
gas emissions standard established under section 822(a), including
production from any fuel source.''.
SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 805 of the Energy Policy Act of 2005 (42
U.S. 16154) is amended--
(1) in the section heading, by striking ``programs'' and
inserting ``clean hydrogen research and development program'';
(2) in subsection (a)--
(A) by striking ``research and development program'' and
inserting ``crosscutting research and development program
(referred to in this section as the `program')''; and
(B) by inserting ``processing,'' after ``production,'';
(3) by striking subsection (b) and inserting the following:
``(b) Goals.--The goals of the program shall be--
``(1) to advance research and development to demonstrate and
commercialize the use of clean hydrogen in the transportation,
utility, industrial, commercial, and residential sectors; and
``(2) to demonstrate a standard of clean hydrogen production in
the transportation, utility, industrial, commercial, and
residential sectors by 2040.'';
(4) in subsection (c)(3), by striking ``renewable fuels and
biofuels'' and inserting ``fossil fuels with carbon capture,
utilization, and sequestration, renewable fuels, biofuels, and
nuclear energy'';
(5) by striking subsection (e) and inserting the following:
``(e) Activities.--In carrying out the program, the Secretary, in
partnership with the private sector, shall conduct activities to
advance and support--
``(1) the establishment of a series of technology cost goals
oriented toward achieving the standard of clean hydrogen production
developed under section 822(a);
``(2) the production of clean hydrogen from diverse energy
sources, including--
``(A) fossil fuels with carbon capture, utilization, and
sequestration;
``(B) hydrogen-carrier fuels (including ethanol and
methanol);
``(C) renewable energy resources, including biomass;
``(D) nuclear energy; and
``(E) any other methods the Secretary determines to be
appropriate;
``(3) the use of clean hydrogen for commercial, industrial, and
residential electric power generation;
``(4) the use of clean hydrogen in industrial applications,
including steelmaking, cement, chemical feedstocks, and process
heat;
``(5) the use of clean hydrogen for use as a fuel source for
both residential and commercial comfort heating and hot water
requirements;
``(6) the safe and efficient delivery of hydrogen or hydrogen-
carrier fuels, including--
``(A) transmission by pipelines, including retrofitting the
existing natural gas transportation infrastructure system to
enable a transition to transport and deliver increasing levels
of clean hydrogen, clean hydrogen blends, or clean hydrogen
carriers;
``(B) tanks and other distribution methods; and
``(C) convenient and economic refueling of vehicles,
locomotives, maritime vessels, or planes--
``(i) at central refueling stations; or
``(ii) through distributed onsite generation;
``(7) advanced vehicle, locomotive, maritime vessel, or plane
technologies, including--
``(A) engine and emission control systems;
``(B) energy storage, electric propulsion, and hybrid
systems;
``(C) automotive, locomotive, maritime vessel, or plane
materials; and
``(D) other advanced vehicle, locomotive, maritime vessel,
or plane technologies;
``(8) storage of hydrogen or hydrogen-carrier fuels, including
the development of materials for safe and economic storage in
gaseous, liquid, or solid form;
``(9) the development of safe, durable, affordable, and
efficient fuel cells, including fuel-flexible fuel cell power
systems, improved manufacturing processes, high-temperature
membranes, cost-effective fuel processing for natural gas, fuel
cell stack and system reliability, low-temperature operation, and
cold start capability;
``(10) the ability of domestic clean hydrogen equipment
manufacturers to manufacture commercially available competitive
technologies in the United States;
``(11) the use of clean hydrogen in the transportation sector,
including in light-, medium-, and heavy-duty vehicles, rail
transport, aviation, and maritime applications; and
``(12) in coordination with relevant agencies, the development
of appropriate, uniform codes and standards for the safe and
consistent deployment and commercialization of clean hydrogen
production, processing, delivery, and end-use technologies.''; and
(6) by adding at the end the following:
``(j) Targets.--Not later than 180 days after the date of enactment
of the Infrastructure Investment and Jobs Act, the Secretary shall
establish targets for the program to address near-term (up to 2 years),
mid-term (up to 7 years), and long-term (up to 15 years) challenges to
the advancement of clean hydrogen systems and technologies.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the item relating to section 805 and inserting the following:
``Sec. 805. Clean hydrogen research and development program.''.
SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) is amended--
(1) by redesignating sections 813 through 816 as sections 818
through 821, respectively; and
(2) by inserting after section 812 the following:
``SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
``(a) Definition of Regional Clean Hydrogen Hub.--In this section,
the term `regional clean hydrogen hub' means a network of clean
hydrogen producers, potential clean hydrogen consumers, and connective
infrastructure located in close proximity.
``(b) Establishment of Program.--The Secretary shall establish a
program to support the development of at least 4 regional clean
hydrogen hubs that--
``(1) demonstrably aid the achievement of the clean hydrogen
production standard developed under section 822(a);
``(2) demonstrate the production, processing, delivery,
storage, and end-use of clean hydrogen; and
``(3) can be developed into a national clean hydrogen network
to facilitate a clean hydrogen economy.
``(c) Selection of Regional Clean Hydrogen Hubs.--
``(1) Solicitation of proposals.--Not later than 180 days after
the date of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall solicit proposals for regional clean
hydrogen hubs.
``(2) Selection of hubs.--Not later than 1 year after the
deadline for the submission of proposals under paragraph (1), the
Secretary shall select at least 4 regional clean hydrogen hubs to
be developed under subsection (b).
``(3) Criteria.--The Secretary shall select regional clean
hydrogen hubs under paragraph (2) using the following criteria:
``(A) Feedstock diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from fossil
fuels;
``(ii) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from renewable
energy; and
``(iii) at least 1 regional clean hydrogen hub shall
demonstrate the production of clean hydrogen from nuclear
energy.
``(B) End-use diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the electric
power generation sector;
``(ii) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the industrial
sector;
``(iii) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the
residential and commercial heating sector; and
``(iv) at least 1 regional clean hydrogen hub shall
demonstrate the end-use of clean hydrogen in the
transportation sector.
``(C) Geographic diversity.--To the maximum extent
practicable, each regional clean hydrogen hub--
``(i) shall be located in a different region of the
United States; and
``(ii) shall use energy resources that are abundant in
that region.
``(D) Hubs in natural gas-producing regions.--To the
maximum extent practicable, at least 2 regional clean hydrogen
hubs shall be located in the regions of the United States with
the greatest natural gas resources.
``(E) Employment.--The Secretary shall give priority to
regional clean hydrogen hubs that are likely to create
opportunities for skilled training and long-term employment to
the greatest number of residents of the region.
``(F) Additional criteria.--The Secretary may take into
consideration other criteria that, in the judgment of the
Secretary, are necessary or appropriate to carry out this title
``(4) Funding of regional clean hydrogen hubs.--The Secretary
may make grants to each regional clean hydrogen hub selected under
paragraph (2) to accelerate commercialization of, and demonstrate
the production, processing, delivery, storage, and end-use of,
clean hydrogen.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $8,000,000,000
for the period of fiscal years 2022 through 2026.
``SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
``(a) Development.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary, in consultation with the
heads of relevant offices of the Department, shall develop a
technologically and economically feasible national strategy and
roadmap to facilitate widescale production, processing, delivery,
storage, and use of clean hydrogen.
``(2) Inclusions.--The national clean hydrogen strategy and
roadmap developed under paragraph (1) shall focus on--
``(A) establishing a standard of hydrogen production that
achieves the standard developed under section 822(a), including
interim goals towards meeting that standard;
``(B)(i) clean hydrogen production and use from natural
gas, coal, renewable energy sources, nuclear energy, and
biomass; and
``(ii) identifying potential barriers, pathways, and
opportunities, including Federal policy needs, to transition to
a clean hydrogen economy;
``(C) identifying--
``(i) economic opportunities for the production,
processing, transport, storage, and use of clean hydrogen
that exist in the major shale natural gas-producing regions
of the United States;
``(ii) economic opportunities for the production,
processing, transport, storage, and use of clean hydrogen
that exist for merchant nuclear power plants operating in
deregulated markets; and
``(iii) environmental risks associated with potential
deployment of clean hydrogen technologies in those regions,
and ways to mitigate those risks;
``(D) approaches, including substrategies, that reflect
geographic diversity across the country, to advance clean
hydrogen based on resources, industry sectors, environmental
benefits, and economic impacts in regional economies;
``(E) identifying opportunities to use, and barriers to
using, existing infrastructure, including all components of the
natural gas infrastructure system, the carbon dioxide pipeline
infrastructure system, end-use local distribution networks,
end-use power generators, LNG terminals, industrial users of
natural gas, and residential and commercial consumers of
natural gas, for clean hydrogen deployment;
``(F) identifying the needs for and barriers and pathways
to developing clean hydrogen hubs (including, where
appropriate, clean hydrogen hubs coupled with carbon capture,
utilization, and storage hubs) that--
``(i) are regionally dispersed across the United States
and can leverage natural gas to the maximum extent
practicable;
``(ii) can demonstrate the efficient production,
processing, delivery, and use of clean hydrogen;
``(iii) include transportation corridors and modes of
transportation, including transportation of clean hydrogen
by pipeline and rail and through ports; and
``(iv) where appropriate, could serve as joint clean
hydrogen and carbon capture, utilization, and storage hubs;
``(G) prioritizing activities that improve the ability of
the Department to develop tools to model, analyze, and optimize
single-input, multiple-output integrated hybrid energy systems
and multiple-input, multiple-output integrated hybrid energy
systems that maximize efficiency in providing hydrogen, high-
value heat, electricity, and chemical synthesis services;
``(H) identifying the appropriate points of interaction
between and among Federal agencies involved in the production,
processing, delivery, storage, and use of clean hydrogen and
clarifying the responsibilities of those Federal agencies, and
potential regulatory obstacles and recommendations for
modifications, in order to support the deployment of clean
hydrogen; and
``(I) identifying geographic zones or regions in which
clean hydrogen technologies could efficiently and economically
be introduced in order to transition existing infrastructure to
rely on clean hydrogen, in support of decarbonizing all
relevant sectors of the economy.
``(b) Reports to Congress.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the
Secretary shall submit to Congress the clean hydrogen strategy and
roadmap developed under subsection (a).
``(2) Updates.--The Secretary shall submit to Congress updates
to the clean hydrogen strategy and roadmap under paragraph (1) not
less frequently than once every 3 years after the date on which the
Secretary initially submits the report and roadmap.
``SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
``(a) Clean Hydrogen Manufacturing Initiative.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary shall award multiyear
grants to, and enter into contracts, cooperative agreements, or any
other agreements authorized under this Act or other Federal law
with, eligible entities (as determined by the Secretary) for
research, development, and demonstration projects to advance new
clean hydrogen production, processing, delivery, storage, and use
equipment manufacturing technologies and techniques.
``(2) Priority.--In awarding grants or entering into contracts,
cooperative agreements, or other agreements under paragraph (1),
the Secretary, to the maximum extent practicable, shall give
priority to clean hydrogen equipment manufacturing projects that--
``(A) increase efficiency and cost-effectiveness in--
``(i) the manufacturing process; and
``(ii) the use of resources, including existing energy
infrastructure;
``(B) support domestic supply chains for materials and
components;
``(C) identify and incorporate nonhazardous alternative
materials for components and devices;
``(D) operate in partnership with tribal energy development
organizations, Indian Tribes, Tribal organizations, Native
Hawaiian community-based organizations, or territories or
freely associated States; or
``(E) are located in economically distressed areas of the
major natural gas-producing regions of the United States.
``(3) Evaluation.--Not later than 3 years after the date of
enactment of the Infrastructure Investment and Jobs Act, and not
less frequently than once every 4 years thereafter, the Secretary
shall conduct, and make available to the public and the relevant
committees of Congress, an independent review of the progress of
the projects carried out through grants awarded, or contracts,
cooperative agreements, or other agreements entered into, under
paragraph (1).
``(b) Clean Hydrogen Technology Recycling Research, Development,
and Demonstration Program.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary shall award multiyear
grants to, and enter into contracts, cooperative agreements, or any
other agreements authorized under this Act or other Federal law
with, eligible entities for research, development, and
demonstration projects to create innovative and practical
approaches to increase the reuse and recycling of clean hydrogen
technologies, including by--
``(A) increasing the efficiency and cost-effectiveness of
the recovery of raw materials from clean hydrogen technology
components and systems, including enabling technologies such as
electrolyzers and fuel cells;
``(B) minimizing environmental impacts from the recovery
and disposal processes;
``(C) addressing any barriers to the research, development,
demonstration, and commercialization of technologies and
processes for the disassembly and recycling of devices used for
clean hydrogen production, processing, delivery, storage, and
use;
``(D) developing alternative materials, designs,
manufacturing processes, and other aspects of clean hydrogen
technologies;
``(E) developing alternative disassembly and resource
recovery processes that enable efficient, cost-effective, and
environmentally responsible disassembly of, and resource
recovery from, clean hydrogen technologies; and
``(F) developing strategies to increase consumer acceptance
of, and participation in, the recycling of fuel cells.
``(2) Dissemination of results.--The Secretary shall make
available to the public and the relevant committees of Congress the
results of the projects carried out through grants awarded, or
contracts, cooperative agreements, or other agreements entered
into, under paragraph (1), including any educational and outreach
materials developed by the projects.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
``SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
``(a) Definitions.--In this section:
``(1) Electrolysis.--The term `electrolysis' means a process
that uses electricity to split water into hydrogen and oxygen.
``(2) Electrolyzer.--The term `electrolyzer' means a system
that produces hydrogen using electrolysis.
``(3) Program.--The term `program' means the program
established under subsection (b).
``(b) Establishment.--Not later than 90 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the Secretary
shall establish a research, development, demonstration,
commercialization, and deployment program for purposes of
commercialization to improve the efficiency, increase the durability,
and reduce the cost of producing clean hydrogen using electrolyzers.
``(c) Goals.--The goals of the program are--
``(1) to reduce the cost of hydrogen produced using
electrolyzers to less than $2 per kilogram of hydrogen by 2026; and
``(2) any other goals the Secretary determines are appropriate.
``(d) Demonstration Projects.--In carrying out the program, the
Secretary shall fund demonstration projects--
``(1) to demonstrate technologies that produce clean hydrogen
using electrolyzers; and
``(2) to validate information on the cost, efficiency,
durability, and feasibility of commercial deployment of the
technologies described in paragraph (1).
``(e) Focus.--The program shall focus on research relating to, and
the development, demonstration, and deployment of--
``(1) low-temperature electrolyzers, including liquid-alkaline
electrolyzers, membrane-based electrolyzers, and other advanced
electrolyzers, capable of converting intermittent sources of
electric power to clean hydrogen with enhanced efficiency and
durability;
``(2) high-temperature electrolyzers that combine electricity
and heat to improve the efficiency of clean hydrogen production;
``(3) advanced reversible fuel cells that combine the
functionality of an electrolyzer and a fuel cell;
``(4) new highly active, selective, and durable electrolyzer
catalysts and electro-catalysts that--
``(A) greatly reduce or eliminate the need for platinum
group metals; and
``(B) enable electrolysis of complex mixtures with
impurities, including seawater;
``(5) modular electrolyzers for distributed energy systems and
the bulk-power system (as defined in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)));
``(6) low-cost membranes or electrolytes and separation
materials that are durable in the presence of impurities or
seawater;
``(7) improved component design and material integration,
including with respect to electrodes, porous transport layers and
bipolar plates, and balance-of-system components, to allow for
scale-up and domestic manufacturing of electrolyzers at a high
volume;
``(8) clean hydrogen storage technologies;
``(9) technologies that integrate hydrogen production with--
``(A) clean hydrogen compression and drying technologies;
``(B) clean hydrogen storage; and
``(C) transportation or stationary systems; and
``(10) integrated systems that combine hydrogen production with
renewable power or nuclear power generation technologies, including
hybrid systems with hydrogen storage.
``(f) Grants, Contracts, Cooperative Agreements.--
``(1) Grants.--In carrying out the program, the Secretary shall
award grants, on a competitive basis, to eligible entities for
projects that the Secretary determines would provide the greatest
progress toward achieving the goal of the program described in
subsection (c).
``(2) Contracts and cooperative agreements.--In carrying out
the program, the Secretary may enter into contracts and cooperative
agreements with eligible entities and Federal agencies for projects
that the Secretary determines would further the purpose of the
program described in subsection (b).
``(3) Eligibility; applications.--
``(A) In general.--The eligibility of an entity to receive
a grant under paragraph (1), to enter into a contract or
cooperative agreement under paragraph (2), or to receive
funding for a demonstration project under subsection (d) shall
be determined by the Secretary.
``(B) Applications.--An eligible entity desiring to receive
a grant under paragraph (1), to enter into a contract or
cooperative agreement under paragraph (2), or to receive
funding for a demonstration project under subsection (d) shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $1,000,000,000
for the period of fiscal years 2022 through 2026, to remain available
until expended.
``SEC. 817. LABORATORY MANAGEMENT.
``(a) In General.--The National Energy Technology Laboratory, the
Idaho National Laboratory, and the National Renewable Energy Laboratory
shall continue to work in a crosscutting manner to carry out the
programs established under sections 813 and 815.
``(b) Coordination; Clearinghouse.--In carrying out subsection (a),
the National Energy Technology Laboratory shall--
``(1) coordinate with--
``(A) the Idaho National Laboratory, the National Renewable
Energy Laboratory, and other National Laboratories in a cross-
cutting manner;
``(B) institutions of higher education;
``(C) research institutes;
``(D) industrial researchers; and
``(E) international researchers; and
``(2) act as a clearinghouse to collect information from, and
distribute information to, the National Laboratories and other
entities described in subparagraphs (B) through (E) of paragraph
(1).''.
SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
(a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) (as amended by section 40314(1)) is amended by adding at the end
the following:
``SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
``(a) In General.--Not later than 180 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the Secretary,
in consultation with the Administrator of the Environmental Protection
Agency and after taking into account input from industry and other
stakeholders, as determined by the Secretary, shall develop an initial
standard for the carbon intensity of clean hydrogen production that
shall apply to activities carried out under this title.
``(b) Requirements.--
``(1) In general.--The standard developed under subsection (a)
shall--
``(A) support clean hydrogen production from each source
described in section 805(e)(2);
``(B) define the term `clean hydrogen' to mean hydrogen
produced with a carbon intensity equal to or less than 2
kilograms of carbon dioxide-equivalent produced at the site of
production per kilogram of hydrogen produced; and
``(C) take into consideration technological and economic
feasibility.
``(2) Adjustment.--Not later than the date that is 5 years
after the date on which the Secretary develops the standard under
subsection (a), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency and after
taking into account input from industry and other stakeholders, as
determined by the Secretary, shall--
``(A) determine whether the definition of clean hydrogen
required under paragraph (1)(B) should be adjusted below the
standard described in that paragraph; and
``(B) if the Secretary determines the adjustment described
in subparagraph (A) is appropriate, carry out the adjustment.
``(c) Application.--The standard developed under subsection (a)
shall apply to clean hydrogen production from renewable, fossil fuel
with carbon capture, utilization, and sequestration technologies,
nuclear, and other fuel sources using any applicable production
technology.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the items relating to sections 813 through 816 and inserting
the following:
``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.
Subtitle C--Nuclear Energy Infrastructure
SEC. 40321. INFRASTRUCTURE PLANNING FOR MICRO AND SMALL MODULAR NUCLEAR
REACTORS.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.-- The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Isolated community.--The term ``isolated community'' has
the meaning given the term in section 8011(a) of the Energy Act of
2020 (42 U.S.C. 17392(a)).
(3) Micro-reactor.--The term ``micro-reactor'' means an
advanced nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts.
(4) National laboratory.--The term ``National Laboratory'' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(5) Small modular reactor.--The term ``small modular reactor''
means an advanced nuclear reactor--
(A) with a rated capacity of less than 300 electrical
megawatts; and
(B) that can be constructed and operated in combination
with similar reactors at a single site.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committees on Energy and
Commerce and Science, Space, and Technology of the House of
Representatives a report that describes how the Department could
enhance energy resilience and reduce carbon emissions with the use of
micro-reactors and small modular reactors.
(c) Elements.--The report required by subsection (b) shall address
the following:
(1) An evaluation by the Department of current resilience and
carbon reduction requirements for energy for facilities of the
Department to determine whether changes are needed to address--
(A) the need to provide uninterrupted power to facilities
of the Department for at least 3 days during power grid
failures;
(B) the need for protection against cyber threats and
electromagnetic pulses; and
(C) resilience to extreme natural events, including
earthquakes, volcanic activity, tornados, hurricanes, floods,
tsunamis, lahars, landslides, seiches, a large quantity of
snowfall, and very low or high temperatures.
(2) A strategy of the Department for using nuclear energy to
meet resilience and carbon reduction goals of facilities of the
Department.
(3) A strategy to partner with private industry to develop and
deploy micro-reactors and small modular reactors to remote
communities in order to replace diesel generation and other fossil
fuels.
(4) An assessment by the Department of the value associated
with enhancing the resilience of a facility of the Department by
transitioning to power from micro-reactors and small modular
reactors and to co-located nuclear facilities with the capability
to provide dedicated power to the facility of the Department during
a grid outage or failure.
(5) The plans of the Department--
(A) for deploying a micro-reactor and a small modular
reactor to produce energy for use by a facility of the
Department in the United States by 2026;
(B) for deploying a small modular reactor to produce energy
for use by a facility of the Department in the United States by
2029; and
(C) to include micro-reactors and small modular reactors in
the planning for meeting future facility energy needs.
(d) Financial and Technical Assistance for Siting Micro-reactors,
Small Modular Reactors, and Advanced Nuclear Reactors.--
(1) In general.--The Secretary shall offer financial and
technical assistance to entities to conduct feasibility studies for
the purpose of identifying suitable locations for the deployment of
micro-reactors, small modular reactors, and advanced nuclear
reactors in isolated communities.
(2) Requirement.--Prior to providing financial and technical
assistance under paragraph (1), the Secretary shall conduct robust
community engagement and outreach for the purpose of identifying
levels of interest in isolated communities.
(3) Limitation.--The Secretary shall not disburse more than 50
percent of the amounts available for financial assistance under
this subsection to the National Laboratories.
SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND
PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS.
(a) Property Interests Relating to Federally Funded Advanced
Nuclear Reactor Projects.--
(1) Definitions.--In this section:
(A) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(B) Property interest.--
(i) In general.--Except as provided in clause (ii), the
term ``property interest'' means any interest in real
property or personal property (as those terms are defined
in section 200.1 of title 2, Code of Federal Regulations
(as in effect on the date of enactment of this Act)).
(ii) Exclusion.--The term ``property interest'' does
not include any interest in intellectual property developed
using funding provided under a project described in
paragraph (3).
(2) Assignment of property interests.--The Secretary may assign
to any entity, including the United States, fee title or any other
property interest acquired by the Secretary under an agreement
entered into with respect to a project described in paragraph (3).
(3) Project described.--A project referred to in paragraph (2)
is--
(A) a project for which funding is provided pursuant to the
funding opportunity announcement of the Department numbered DE-
FOA-0002271, including any project for which funding has been
provided pursuant to that announcement as of the date of
enactment of this Act;
(B) any other project for which funding is provided using
amounts made available for the Advanced Reactor Demonstration
Program of the Department under the heading ``Nuclear Energy''
under the heading ``ENERGY PROGRAMS'' in title III of division
C of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2670);
(C) any other project for which Federal funding is provided
under the Advanced Reactor Demonstration Program of the
Department; or
(D) a project--
(i) relating to advanced nuclear reactors; and
(ii) for which Federal funding is provided under a
program focused on development and demonstration.
(4) Retroactive vesting.--The vesting of fee title or any other
property interest assigned under paragraph (2) shall be retroactive
to the date on which the applicable project first received Federal
funding as described in any of subparagraphs (A) through (D) of
paragraph (3).
(b) Considerations in Cooperative Research and Development
Agreements.--
(1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is
amended--
(A) by inserting ``(i)'' after ``(B)'';
(B) in clause (i), as so designated, by striking ``The
director'' and inserting ``Subject to clause (ii), the
director''; and
(C) by adding at the end the following:
``(II) The agency may authorize the director to
provide appropriate protections against dissemination
described in clause (i) for a total period of not more
than 30 years if the agency determines that the nature
of the information protected against dissemination,
including nuclear technology, could reasonably require
an extended period of that protection to reach
commercialization.''.
(2) Applicability.--
(A) Definition.--In this subsection, the term ``cooperative
research and development agreement'' has the meaning given the
term in section 12(d) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)).
(B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this
section, shall apply with respect to any cooperative research
and development agreement that is in effect as of the day
before the date of enactment of this Act.
(c) Department of Energy Contracts.--Section 646(g)(5) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is
amended--
(1) by striking ``(5) The Secretary'' and inserting the
following:
``(5) Protection from disclosure.--
``(A) In general.--The Secretary''; and
(2) in subparagraph (A) (as so designated)--
(A) by striking ``, for up to 5 years after the date on
which the information is developed,''; and
(B) by striking ``agency.'' and inserting the following:
``agency--
``(i) for up to 5 years after the date on which the
information is developed; or
``(ii) for up to 30 years after the date on which the
information is developed, if the Secretary determines that
the nature of the technology under the transaction,
including nuclear technology, could reasonably require an
extended period of protection from disclosure to reach
commercialization.
``(B) Extension during term.--The Secretary may extend the
period of protection from disclosure during the term of any
transaction described in subparagraph (A) in accordance with
that subparagraph.''.
SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM.
(a) Definitions.--In this section:
(1) Certified nuclear reactor.--The term ``certified nuclear
reactor'' means a nuclear reactor that--
(A) competes in a competitive electricity market; and
(B) is certified under subsection (c)(2)(A)(i) to submit a
sealed bid in accordance with subsection (d).
(2) Credit.--The term ``credit'' means a credit allocated to a
certified nuclear reactor under subsection (e)(2).
(b) Establishment of Program.--The Secretary shall establish a
civil nuclear credit program--
(1) to evaluate nuclear reactors that are projected to cease
operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors that are
selected under paragraph (1)(B) of subsection (e) to receive
credits under paragraph (2) of that subsection.
(c) Certification.--
(1) Application.--
(A) In general.--In order to be certified under paragraph
(2)(A)(i), the owner or operator of a nuclear reactor that is
projected to cease operations due to economic factors shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary
determines to be appropriate, including--
(i) information on the operating costs necessary to
make the determination described in paragraph
(2)(A)(ii)(I), including--
(I) the average projected annual operating loss in
dollars per megawatt-hour, inclusive of the cost of
operational and market risks, expected to be incurred
by the nuclear reactor over the 4-year period for which
credits would be allocated;
(II) any private or publicly available data with
respect to current or projected bulk power market
prices;
(III) out-of-market revenue streams;
(IV) operations and maintenance costs;
(V) capital costs, including fuel; and
(VI) operational and market risks;
(ii) an estimate of the potential incremental air
pollutants that would result if the nuclear reactor were to
cease operations;
(iii) known information on the source of produced
uranium and the location where the uranium is converted,
enriched, and fabricated into fuel assemblies for the
nuclear reactor for the 4-year period for which credits
would be allocated; and
(iv) a detailed plan to sustain operations at the
conclusion of the applicable 4-year period for which
credits would be allocated--
(I) without receiving additional credits; or
(II) with the receipt of additional credits of a
lower amount than the credits allocated during that 4-
year credit period.
(B) Timeline.--The Secretary shall accept applications
described in subparagraph (A)--
(i) until the date that is 120 days after the date of
enactment of this Act; and
(ii) not less frequently than every year thereafter.
(C) Payments from state programs.--
(i) In general.--The owner or operator of a nuclear
reactor that receives a payment from a State zero-emission
credit, a State clean energy contract, or any other State
program with respect to that nuclear reactor shall be
eligible to submit an application under subparagraph (A)
with respect to that nuclear reactor during any application
period beginning after the 120-day period beginning on the
date of enactment of this Act.
(ii) Requirement.--An application submitted by an owner
or operator described in clause (i) with respect to a
nuclear reactor described in that clause shall include all
projected payments from State programs in determining the
average projected annual operating loss described in
subparagraph (A)(i)(I), unless the credits allocated to the
nuclear reactor pursuant to that application will be used
to reduce those payments.
(2) Determination to certify.--
(A) Determination.--
(i) In general.--Not later than 60 days after the
applicable date under subparagraph (B) of paragraph (1),
the Secretary shall determine whether to certify, in
accordance with clauses (ii) and (iii), each nuclear
reactor for which an application is submitted under
subparagraph (A) of that paragraph.
(ii) Minimum requirements.--To the maximum extent
practicable, the Secretary shall only certify a nuclear
reactor under clause (i) if--
(I) after considering the information submitted
under paragraph (1)(A)(i), the Secretary determines
that the nuclear reactor is projected to cease
operations due to economic factors;
(II) after considering the estimate submitted under
paragraph (1)(A)(ii), the Secretary determines that
pollutants would increase if the nuclear reactor were
to cease operations and be replaced with other types of
power generation; and
(III) the Nuclear Regulatory Commission has
reasonable assurance that the nuclear reactor--
(aa) will continue to be operated in accordance
with the current licensing basis (as defined in
section 54.3 of title 10, Code of Federal
Regulations (or successor regulations) of the
nuclear reactor; and
(bb) poses no significant safety hazards.
(iii) Priority.--In determining whether to certify a
nuclear reactor under clause (i), the Secretary shall give
priority to a nuclear reactor that uses, to the maximum
extent available, uranium that is produced, converted,
enriched, and fabricated into fuel assemblies in the United
States.
(B) Notice.--For each application received under paragraph
(1)(A), the Secretary shall provide to the applicable owner or
operator, as applicable--
(i) a notice of the certification of the applicable
nuclear reactor; or
(ii) a notice that describes the reasons why the
certification of the applicable nuclear reactor was denied.
(d) Bidding Process.--
(1) In general.--Subject to paragraph (2), the Secretary shall
establish a deadline by which each certified nuclear reactor shall
submit to the Secretary a sealed bid that--
(A) describes the price per megawatt-hour of the credits
desired by the certified nuclear reactor, which shall not
exceed the average projected annual operating loss described in
subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt of
credits, to provide a specific number of megawatt-hours of
generation during the 4-year period for which credits would be
allocated.
(2) Requirement.--The deadline established under paragraph (1)
shall be not later than 30 days after the first date on which the
Secretary has made the determination described in paragraph
(2)(A)(i) of subsection (c) with respect to each application
submitted under paragraph (1)(A) of that subsection.
(e) Allocation.--
(1) Auction.--Notwithstanding section 169 of the Atomic Energy
Act of 1954 (42 U.S.C. 2209), the Secretary shall--
(A) in consultation with the heads of applicable Federal
agencies, establish a process for evaluating bids submitted
under subsection (d)(1) through an auction process; and
(B) select certified nuclear reactors to be allocated
credits.
(2) Credits.--Subject to subsection (f)(2), on selection under
paragraph (1), a certified nuclear reactor shall be allocated
credits for a 4-year period beginning on the date of the selection.
(3) Requirement.--To the maximum extent practicable, the
Secretary shall use the amounts made available for credits under
this section to allocate credits to as many certified nuclear
reactors as possible.
(f) Renewal.--
(1) In general.--The owner or operator of a certified nuclear
reactor may seek to recertify the nuclear reactor in accordance
with this section.
(2) Limitation.--Notwithstanding any other provision of this
section, the Secretary may not allocate any credits after September
30, 2031.
(g) Additional Requirements.--
(1) Audit.--During the 4-year period beginning on the date on
which a certified nuclear reactor first receives a credit, the
Secretary shall periodically audit the certified nuclear reactor.
(2) Recapture.--The Secretary shall, by regulation, provide for
the recapture of the allocation of any credit to a certified
nuclear reactor that, during the period described in paragraph
(1)--
(A) terminates operations; or
(B) does not operate at an annual loss in the absence of an
allocation of credits to the certified nuclear reactor.
(3) Confidentiality.--The Secretary shall establish procedures
to ensure that any confidential, private, proprietary, or
privileged information that is included in a sealed bid submitted
under this section is not publicly disclosed or otherwise
improperly used.
(h) Report.--Not later than January 1, 2024, the Comptroller
General of the United States shall submit to Congress a report with
respect to the credits allocated to certified nuclear reactors, which
shall include--
(1) an evaluation of the effectiveness of the credits in
avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved under
this section; and
(3) any recommendations to renew or expand the credits.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $6,000,000,000
for the period of fiscal years 2022 through 2026.
Subtitle D--Hydropower
SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is
amended--
(1) in subsection (b)(2), by striking ``before the date of the
enactment of this section'' and inserting ``before the date of
enactment of the Infrastructure Investment and Jobs Act'';
(2) in the undesignated matter following subsection (b)(3), by
striking ``the date of the enactment of this section'' and
inserting ``the date of enactment of the Infrastructure Investment
and Jobs Act'';
(3) in subsection (e)(1), in the second sentence, by striking
``$750,000'' and inserting ``$1,000,000''; and
(4) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $125,000,000
for fiscal year 2022, to remain available until expended.''.
SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
(a) In General.--Section 243 of the Energy Policy Act of 2005 (42
U.S.C. 15882) is amended--
(1) in the section heading, by inserting ``incentives'' after
``improvement'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``10 percent'' and
inserting ``30 percent'';
(B) in the second sentence--
(i) by striking ``$750,000'' and inserting
``$5,000,000''; and
(ii) by inserting ``in any 1 fiscal year'' before the
period at the end; and
(3) by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for fiscal year 2022
to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
striking the item relating to section 243 and inserting the following:
``243. Hydroelectric efficiency improvement incentives.''.
SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
(a) In General.--Subtitle C of title II of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end
the following:
``SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
``(a) Definition of Qualified Hydroelectric Facility.--In this
section, the term `qualified hydroelectric facility' means a
hydroelectric project that--
``(1)(A) is licensed by the Federal Energy Regulatory
Commission; or
``(B) is a hydroelectric project constructed, operated, or
maintained pursuant to a permit or valid existing right-of-way
granted prior to June 10, 1920, or a license granted pursuant to
the Federal Power Act (16 U.S.C. 791a et seq.);
``(2) is placed into service before the date of enactment of
this section; and
``(3)(A) is in compliance with all applicable Federal, Tribal,
and State requirements; or
``(B) would be brought into compliance with the requirements
described in subparagraph (A) as a result of the capital
improvements carried out using an incentive payment under this
section.
``(b) Incentive Payments.--The Secretary shall make incentive
payments to the owners or operators of qualified hydroelectric
facilities for capital improvements directly related to--
``(1) improving grid resiliency, including--
``(A) adapting more quickly to changing grid conditions;
``(B) providing ancillary services (including black start
capabilities, voltage support, and spinning reserves);
``(C) integrating other variable sources of electricity
generation; and
``(D) managing accumulated reservoir sediments;
``(2) improving dam safety to ensure acceptable performance
under all loading conditions (including static, hydrologic, and
seismic conditions), including--
``(A) the maintenance or upgrade of spillways or other
appurtenant structures;
``(B) dam stability improvements, including erosion repair
and enhanced seepage controls; and
``(C) upgrades or replacements of floodgates or natural
infrastructure restoration or protection to improve flood risk
reduction; or
``(3) environmental improvements, including--
``(A) adding or improving safe and effective fish passage,
including new or upgraded turbine technology, fish ladders,
fishways, and all other associated technology, equipment, or
other fish passage technology to a qualified hydroelectric
facility;
``(B) improving the quality of the water retained or
released by a qualified hydroelectric facility;
``(C) promoting downstream sediment transport processes and
habitat maintenance; and
``(D) improving recreational access to the project
vicinity, including roads, trails, boat ingress and egress,
flows to improve recreation, and infrastructure that improves
river recreation opportunity.
``(c) Limitations.--
``(1) Costs.--Incentive payments under this section shall not
exceed 30 percent of the costs of the applicable capital
improvement.
``(2) Maximum amount.--Not more than 1 incentive payment may be
made under this section with respect to capital improvements at a
single qualified hydroelectric facility in any 1 fiscal year, the
amount of which shall not exceed $5,000,000.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $553,600,000
for fiscal year 2022, to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
inserting after the item relating to section 246 the following:
``247. Maintaining and enhancing hydroelectricity incentives.''.
SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND
SYSTEM RELIABILITY INITIATIVE.
Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is
amended--
(1) by redesignating subsections (e) through (g) as subsections
(f) through (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Pumped Storage Hydropower Wind and Solar Integration and
System Reliability Initiative.--
``(1) Definition of eligible entity.--In this subsection, the
term `eligible entity' means--
``(A)(i) an electric utility, including--
``(I) a political subdivision of a State, such as a
municipally owned electric utility; or
``(II) an instrumentality of a State composed of
municipally owned electric utilities;
``(ii) an electric cooperative; or
``(iii) an investor-owned utility;
``(B) an Indian Tribe or Tribal organization;
``(C) a State energy office;
``(D) an institution of higher education; and
``(E) a consortium of the entities described in
subparagraphs (A) through (D).
``(2) Demonstration project.--
``(A) In general.--Not later than September 30, 2023, the
Secretary shall, to the maximum extent practicable, enter into
an agreement with an eligible entity to provide financial
assistance to the eligible entity to carry out project design,
transmission studies, power market assessments, and permitting
for a pumped storage hydropower project to facilitate the long-
duration storage of intermittent renewable electricity.
``(B) Project requirements.--To be eligible for financial
assistance under subparagraph (A), a project shall--
``(i) be designed to provide not less than 1,000
megawatts of storage capacity;
``(ii) be able to provide energy and capacity for use
in more than 1 organized electricity market;
``(iii) be able to store electricity generated by
intermittent renewable electricity projects located on
Tribal land; and
``(iv) have received a preliminary permit from the
Federal Energy Regulatory Commission.
``(C) Matching requirement.--An eligible entity receiving
financial assistance under subparagraph (A) shall provide
matching funds equal to or greater than the amount of financial
assistance provided under that subparagraph.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000 for each of
fiscal years 2022 through 2026.''.
SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING
MULTIPLE BUREAU OF RECLAMATION RESERVOIRS.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) in paragraph (1), in the fourth sentence, by striking ``,
including small conduit hydropower development'' and inserting
``and reserve to the Secretary the exclusive authority to develop
small conduit hydropower using Bureau of Reclamation facilities and
pumped storage hydropower exclusively using Bureau of Reclamation
reservoirs''; and
(2) in paragraph (8), by striking ``has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit Hydropower
Development and Rural Jobs Act'' and inserting ``was filed with the
Federal Energy Regulatory Commission before August 9, 2013, and is
still pending''.
SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER
PRIVILEGE.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Director.--The term ``Director'' means the Director of the
Office of Hearings and Appeals.
(3) Office of hearings and appeals.--The term ``Office of
Hearings and Appeals'' means the Office of Hearings and Appeals of
the Department of the Interior.
(4) Party.--The term ``party'', with respect to a study plan
agreement, means each of the following parties to the study plan
agreement:
(A) The proposed lessee.
(B) The Tribes.
(5) Project.--The term ``project'' means a proposed pumped
storage facility that--
(A) would use multiple Bureau of Reclamation reservoirs;
and
(B) as of June 1, 2017, was subject to a preliminary permit
issued by the Commission pursuant to section 4(f) of the
Federal Power Act (16 U.S.C. 797(f)).
(6) Proposed lessee.--The term ``proposed lessee'' means the
proposed lessee of a project.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) Study plan.--The term ``study plan'' means the plan
described in subsection (d)(1).
(9) Study plan agreement.--The term ``study plan agreement''
means an agreement entered into under subsection (b)(1) and
described in subsection (c).
(10) Tribes.--The term ``Tribes'' means--
(A) the Confederated Tribes of the Colville Reservation;
and
(B) the Spokane Tribe of Indians of the Spokane
Reservation.
(b) Requirement for Issuance of Leases of Power Privilege.--The
Secretary shall not issue a lease of power privilege pursuant to
section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)(1)) (as amended by section 40335) for a project unless--
(1) the proposed lessee and the Tribes have entered into a
study plan agreement; or
(2) the Secretary or the Director, as applicable, makes a final
determination for--
(A) a study plan agreement under subsection (c)(2); or
(B) a study plan under subsection (d).
(c) Study Plan Agreement Requirements.--
(1) In general.--A study plan agreement shall--
(A) establish the deadlines for the proposed lessee to
formally respond in writing to comments and study requests
about the project previously submitted to the Commission;
(B) allow for the parties to submit additional comments and
study requests if any aspect of the project, as proposed,
differs from an aspect of the project, as described in a
preapplication document provided to the Commission;
(C) except as expressly agreed to by the parties or as
provided in paragraph (2) or subsection (d), require that the
proposed lessee conduct each study described in--
(i) a study request about the project previously
submitted to the Commission; or
(ii) any additional study request submitted in
accordance with the study plan agreement;
(D) require that the proposed lessee study any potential
adverse economic effects of the project on the Tribes,
including effects on--
(i) annual payments to the Confederated Tribes of the
Colville Reservation under section 5(b) of the Confederated
Tribes of the Colville Reservation Grand Coulee Dam
Settlement Act (Public Law 103-436; 108 Stat. 4579); and
(ii) annual payments to the Spokane Tribe of Indians of
the Spokane Reservation authorized after the date of
enactment of this Act, the amount of which derives from the
annual payments described in clause (i);
(E) establish a protocol for communication and consultation
between the parties;
(F) provide mechanisms for resolving disputes between the
parties regarding implementation and enforcement of the study
plan agreement; and
(G) contain other provisions determined to be appropriate
by the parties.
(2) Disputes.--
(A) In general.--If the parties cannot agree to the terms
of a study plan agreement or implementation of those terms, the
parties shall submit to the Director, for final determination
on the terms or implementation of the study plan agreement,
notice of the dispute, consistent with paragraph (1)(F), to the
extent the parties have agreed to a study plan agreement.
(B) Inclusion.--A dispute covered by subparagraph (A) may
include the view of a proposed lessee that an additional study
request submitted in accordance with paragraph (1)(B) is not
reasonably calculated to assist the Secretary in evaluating the
potential impacts of the project.
(C) Timing.--The Director shall issue a determination
regarding a dispute under subparagraph (A) not later than 120
days after the date on which the Director receives notice of
the dispute under that subparagraph.
(d) Study Plan.--
(1) In general.--The proposed lessee shall submit to the
Secretary for approval a study plan that details the proposed
methodology for performing each of the studies--
(A) identified in the study plan agreement of the proposed
lessee; or
(B) determined by the Director in a final determination
regarding a dispute under subsection (c)(2).
(2) Initial determination.--Not later than 60 days after the
date on which the Secretary receives the study plan under paragraph
(1), the Secretary shall make an initial determination that--
(A) approves the study plan;
(B) rejects the study plan on the grounds that the study
plan--
(i) lacks sufficient detail on a proposed methodology
for a study identified in the study plan agreement; or
(ii) is inconsistent with the study plan agreement; or
(C) imposes additional study plan requirements that the
Secretary determines are necessary to adequately define the
potential effects of the project on--
(i) the exercise of the paramount hunting, fishing, and
boating rights of the Tribes reserved pursuant to the Act
of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d
et seq.);
(ii) the annual payments described in clauses (i) and
(ii) of subsection (c)(1)(D);
(iii) the Columbia Basin project (as defined in section
1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57
Stat. 14, chapter 14; 16 U.S.C. 835));
(iv) historic properties and cultural or spiritually
significant resources; and
(v) the environment.
(3) Objections.--
(A) In general.--Not later than 30 days after the date on
which the Secretary makes an initial determination under
paragraph (2), the Tribes or the proposed lessee may submit to
the Director an objection to the initial determination.
(B) Final determination.--Not later than 120 days after the
date on which the Director receives an objection under
subparagraph (A), the Director shall--
(i) hold a hearing on the record regarding the
objection; and
(ii) make a final determination that establishes the
study plan, including a description of studies the proposed
lessee is required to perform.
(4) No objections.--If no objections are submitted by the
deadline described in paragraph (3)(A), the initial determination
of the Secretary under paragraph (2) shall be final.
(e) Conditions of Lease.--
(1) Consistency with rights of tribes; protection, mitigation,
and enhancement of fish and wildlife.--
(A) In general.--Any lease of power privilege issued by the
Secretary for a project under subsection (b) shall contain
conditions--
(i) to ensure that the project is consistent with, and
will not interfere with, the exercise of the paramount
hunting, fishing, and boating rights of the Tribes reserved
pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter
460; 16 U.S.C. 835d et seq.); and
(ii) to adequately and equitably protect, mitigate
damages to, and enhance fish and wildlife, including
related spawning grounds and habitat, affected by the
development, operation, and management of the project.
(B) Recommendations of the tribes.--The conditions required
under subparagraph (A) shall be based on joint recommendations
of the Tribes.
(C) Resolving inconsistencies.--
(i) In general.--If the Secretary determines that any
recommendation of the Tribes under subparagraph (B) is not
reasonably calculated to ensure the project is consistent
with subparagraph (A) or is inconsistent with the
requirements of the Reclamation Project Act of 1939 (43
U.S.C. 485 et seq.), the Secretary shall attempt to resolve
any such inconsistency with the Tribes, giving due weight
to the recommendations and expertise of the Tribes.
(ii) Publication of findings.--If, after an attempt to
resolve an inconsistency under clause (i), the Secretary
does not adopt in whole or in part a recommendation of the
Tribes under subparagraph (B), the Secretary shall issue
each of the following findings, including a statement of
the basis for each of the findings:
(I) A finding that adoption of the recommendation
is inconsistent with the requirements of the
Reclamation Project Act of 1939 (43 U.S.C. 485 et
seq.).
(II) A finding that the conditions selected by the
Secretary to be contained in the lease of power
privilege under subparagraph (A) comply with the
requirements of clauses (i) and (ii) of that
subparagraph.
(2) Annual charges payable by licensee.--
(A) In general.--Subject to subparagraph (B), any lease of
power privilege issued by the Secretary for a project under
subsection (b) shall contain conditions that require the lessee
of the project to make direct payments to the Tribes through
reasonable annual charges in an amount that recompenses the
Tribes for any adverse economic effect of the project
identified in a study performed pursuant to the study plan
agreement for the project.
(B) Agreement.--
(i) In general.--The amount of the annual charges
described in subparagraph (A) shall be established through
agreement between the proposed lessee and the Tribes.
(ii) Condition.--The agreement under clause (i),
including any modification of the agreement, shall be
deemed to be a condition to the lease of power privilege
issued by the Secretary for a project under subsection (b).
(C) Dispute resolution.--
(i) In general.--If the proposed lessee and the Tribes
cannot agree to the terms of an agreement under
subparagraph (B)(i), the proposed lessee and the Tribes
shall submit notice of the dispute to the Director.
(ii) Resolution.--The Director shall resolve the
dispute described in clause (i) not later than 180 days
after the date on which the Director receives notice of the
dispute under that clause.
(3) Additional conditions.--The Secretary may include in any
lease of power privilege issued by the Secretary for a project
under subsection (b) other conditions determined appropriate by the
Secretary, on the condition that the conditions shall be consistent
with the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
(4) Consultation.--In establishing conditions under this
subsection, the Secretary shall consult with the Tribes.
(f) Deadlines.--The Secretary or any officer of the Office of
Hearing and Appeals before whom a proceeding is pending under this
section may extend any deadline or enlarge any timeframe described in
this section--
(1) at the discretion of the Secretary or the officer; or
(2) on a showing of good cause by any party.
(g) Judicial Review.--Any final action of the Secretary or the
Director made pursuant to this section shall be subject to judicial
review in accordance with chapter 7 of title 5, United States Code.
(h) Effect on Other Projects.--Nothing in this section establishes
any precedent or is binding on any Bureau of Reclamation lease of power
privilege, other than for a project.
Subtitle E--Miscellaneous
SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND.
Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) Mine land.--The term `mine land' means--
``(A) land subject to titles IV and V of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30
U.S.C. 1251 et seq.); and
``(B) land that has been claimed or patented subject to
sections 2319 through 2344 of the Revised Statutes (commonly
known as the `Mining Law of 1872') (30 U.S.C. 22 et seq.).'';
and
(2) in subsection (b)(6)(B)--
(A) in the matter preceding clause (i), by inserting ``, in
consultation with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency for
purposes of clause (iv),'' after ``the Secretary'';
(B) in clause (iii), by striking ``and'' after the
semicolon;
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) a description of the technical and economic
viability of siting solar energy technologies on current
and former mine land, including necessary interconnection
and transmission siting and the impact on local job
creation; and''.
SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER
MINE LAND.
(a) Definitions.--In this section:
(1) Clean energy project.--The term ``clean energy project''
means a project that demonstrates 1 or more of the following
technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with carbon
capture, utilization, and sequestration.
(F) Energy storage, including pumped storage hydropower and
compressed air storage.
(G) Advanced nuclear technologies.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3161(a)).
(3) Mine land.--The term ``mine land'' means--
(A) land subject to titles IV and V of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30
U.S.C. 1251 et seq.); and
(B) land that has been claimed or patented subject to
sections 2319 through 2344 of the Revised Statutes (commonly
known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.).
(4) Program.--The term ``program'' means the demonstration
program established under subsection (b).
(b) Establishment.--The Secretary shall establish a program to
demonstrate the technical and economic viability of carrying out clean
energy projects on current and former mine land.
(c) Selection of Demonstration Projects.--
(1) In general.--In carrying out the program, the Secretary
shall select not more than 5 clean energy projects, to be carried
out in geographically diverse regions, at least 2 of which shall be
solar projects.
(2) Eligibility.--To be eligible to be selected for
participation in the program under paragraph (1), a clean energy
project shall demonstrate, as determined by the Secretary, a
technology on a current or former mine land site with a reasonable
expectation of commercial viability.
(3) Priority.--In selecting clean energy projects for
participation in the program under paragraph (1), the Secretary
shall prioritize clean energy projects that will--
(A) be carried out in a location where the greatest number
of jobs can be created from the successful demonstration of the
clean energy project;
(B) provide the greatest net impact in avoiding or reducing
greenhouse gas emissions;
(C) provide the greatest domestic job creation (both
directly and indirectly) during the implementation of the clean
energy project;
(D) provide the greatest job creation and economic
development in the vicinity of the clean energy project,
particularly--
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who were
previously employed in manufacturing, coal power plants, or
coal mining;
(E) have the greatest potential for technological
innovation and commercial deployment;
(F) have the lowest levelized cost of generated or stored
energy;
(G) have the lowest rate of greenhouse gas emissions per
unit of electricity generated or stored; and
(H) have the shortest project time from permitting to
completion.
(4) Project selection.--The Secretary shall solicit proposals
for clean energy projects and select clean energy project finalists
in consultation with the Secretary of the Interior, the
Administrator of the Environmental Protection Agency, and the
Secretary of Labor.
(5) Compatibility with existing operations.--Prior to selecting
a clean energy project for participation in the program under
paragraph (1), the Secretary shall consult with, as applicable,
mining claimholders or operators or the relevant Office of Surface
Mining Reclamation and Enforcement Abandoned Mine Land program
office to confirm--
(A) that the proposed project is compatible with any
current mining, exploration, or reclamation activities; and
(B) the valid existing rights of any mining claimholders or
operators.
(d) Consultation.--The Secretary shall consult with the Director of
the Office of Surface Mining Reclamation and Enforcement and the
Administrator of the Environmental Protection Agency, acting through
the Office of Brownfields and Land Revitalization, to determine whether
it is necessary to promulgate regulations or issue guidance in order to
prioritize and expedite the siting of clean energy projects on current
and former mine land sites.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to project applicants selected for participation in the
program under subsection (c) to assess the needed interconnection,
transmission, and other grid components and permitting and siting
necessary to interconnect, on current and former mine land where the
project will be sited, any generation or storage with the electric
grid.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED
PURPOSES ON THE OUTER CONTINENTAL SHELF.
Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or
transmission''.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.
(a) Title XVII Innovative Energy Loan Guarantee Program.--
(1) Reasonable prospect of repayment.--Section 1702(d)(1) of
the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is amended--
(A) by striking the paragraph designation and heading and
all that follows through ``No guarantee'' and inserting the
following:
``(1) Requirement.--
``(A) In general.--No guarantee''; and
(B) by adding at the end the following:
``(B) Reasonable prospect of repayment.--The Secretary
shall base a determination of whether there is reasonable
prospect of repayment under subparagraph (A) on a comprehensive
evaluation of whether the borrower has a reasonable prospect of
repaying the guaranteed obligation for the eligible project,
including, as applicable, an evaluation of--
``(i) the strength of the contractual terms of the
eligible project (if commercially reasonably available);
``(ii) the forecast of noncontractual cash flows
supported by market projections from reputable sources, as
determined by the Secretary;
``(iii) cash sweeps and other structure enhancements;
``(iv) the projected financial strength of the
borrower--
``(I) at the time of loan close; and
``(II) throughout the loan term after the project
is completed;
``(v) the financial strength of the investors and
strategic partners of the borrower, if applicable; and
``(vi) other financial metrics and analyses that are
relied on by the private lending community and nationally
recognized credit rating agencies, as determined
appropriate by the Secretary.''.
(2) Loan guarantees for projects that increase the domestically
produced supply of critical minerals.--
(A) In general.--Section 1703(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end
the following:
``(13) Projects that increase the domestically produced supply
of critical minerals (as defined in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)), including through the production,
processing, manufacturing, recycling, or fabrication of mineral
alternatives.''.
(B) Prohibition on use of previously appropriated funds.--
Amounts appropriated to the Department of Energy before the
date of enactment of this Act shall not be made available for
the cost of loan guarantees made under paragraph (13) of
section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)).
(C) Prohibition on use of previously available commitment
authority.--Amounts made available to the Department of Energy
for commitments to guarantee loans under section 1703 of the
Energy Policy Act of 2005 (42 U.S.C. 16513) before the date of
enactment of this Act shall not be made available for
commitments to guarantee loans for projects described in
paragraph (13) of section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)).
(3) Conflicts of interest.--Section 1702 of the Energy Policy
Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the
following:
``(r) Conflicts of Interest.--For each project selected for a
guarantee under this title, the Secretary shall certify that political
influence did not impact the selection of the project.''.
(b) Advanced Technology Vehicle Manufacturing.--
(1) Eligibility.--Section 136(a)(1) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is amended--
(A) in subparagraph (C), by striking the period at the end
and inserting a semicolon;
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``means an ultra'' and inserting the
following: ``means--
``(A) an ultra''; and
(D) by adding at the end the following:
``(B) a medium duty vehicle or a heavy duty vehicle that
exceeds 125 percent of the greenhouse gas emissions and fuel
efficiency standards established by the final rule of the
Environmental Protection Agency entitled `Greenhouse Gas
Emissions and Fuel Efficiency Standards for Medium- and Heavy-
Duty Engines and Vehicles--Phase 2' (81 Fed. Reg. 73478
(October 25, 2016));
``(C) a train or locomotive;
``(D) a maritime vessel;
``(E) an aircraft; and
``(F) hyperloop technology.''.
(2) Reasonable prospect of repayment.--Section 136(d) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d))
is amended--
(A) by striking paragraph (3) and inserting the following:
``(3) Selection of eligible projects.--
``(A) In general.--The Secretary shall select eligible
projects to receive loans under this subsection if the
Secretary determines that--
``(i) the loan recipient--
``(I) has a reasonable prospect of repaying the
principal and interest on the loan;
``(II) will provide sufficient information to the
Secretary for the Secretary to ensure that the
qualified investment is expended efficiently and
effectively; and
``(III) has met such other criteria as may be
established and published by the Secretary; and
``(ii) the amount of the loan (when combined with
amounts available to the loan recipient from other sources)
will be sufficient to carry out the project.
``(B) Reasonable prospect of repayment.--The Secretary
shall base a determination of whether there is a reasonable
prospect of repayment of the principal and interest on a loan
under subparagraph (A)(i)(I) on a comprehensive evaluation of
whether the loan recipient has a reasonable prospect of
repaying the principal and interest, including, as applicable,
an evaluation of--
``(i) the strength of the contractual terms of the
eligible project (if commercially reasonably available);
``(ii) the forecast of noncontractual cash flows
supported by market projections from reputable sources, as
determined by the Secretary;
``(iii) cash sweeps and other structure enhancements;
``(iv) the projected financial strength of the loan
recipient--
``(I) at the time of loan close; and
``(II) throughout the loan term after the project
is completed;
``(v) the financial strength of the investors and
strategic partners of the loan recipient, if applicable;
and
``(vi) other financial metrics and analyses that are
relied on by the private lending community and nationally
recognized credit rating agencies, as determined
appropriate by the Secretary.''; and
(B) in paragraph (4)--
(i) in subparagraph (C), by striking ``and'' after the
semicolon;
(ii) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) shall be subject to the condition that the loan is
not subordinate to other financing.''.
(3) Additional reforms.--Section 136 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17013) is amended--
(A) in subsection (b) by striking ``ultra efficient vehicle
manufacturers, and component suppliers'' and inserting ``ultra
efficient vehicle manufacturers, advanced technology vehicle
manufacturers, and component suppliers'';
(B) in subsection (h)--
(i) in the subsection heading, by striking
``Automobile'' and inserting ``Advanced Technology
Vehicle''; and
(ii) in paragraph (1)(B), by striking ``automobiles, or
components of automobiles'' and inserting ``advanced
technology vehicles, or components of advanced technology
vehicles'';
(C) by striking subsection (i);
(D) by redesignating subsection (j) as subsection (i); and
(E) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and
fuel cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary
shall--
``(1) provide assistance with the completion of applications
for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Prohibition on Use of Appropriated Funds.--Amounts
appropriated to the Secretary before the date of enactment of this
subsection shall not be available to the Secretary to provide awards
under subsection (b) or loans under subsection (d) for the costs of
activities that were not eligible for those awards or loans on the day
before that date.
``(m) Report.--Not later than 2 years after the date of enactment
of this subsection, and every 3 years thereafter, the Secretary shall
submit to Congress a report on the status of projects supported by a
loan under this section, including--
``(1) a list of projects receiving a loan under this section,
including the loan amount and construction status of each project;
``(2) the status of the loan repayment for each project,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a loan
under this section in the next 2 years, including the projected
aggregate loan amount over the next 2 years;
``(5) evaluation of ongoing compliance with the assurances and
commitments, and of the predictions, made by applicants pursuant to
paragraphs (2) and (3) of subsection (d);
``(6) the total number of applications received by the
Department each year; and
``(7) any other metrics the Secretary determines
appropriate.''.
(4) Conflicts of interest.--Section 136(d) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is
amended by adding at the end the following:
``(5) Conflicts of interest.--For each eligible project
selected to receive a loan under this subsection, the Secretary
shall certify that political influence did not impact the selection
of the eligible project.''.
(c) State Loan Eligibility.--
(1) Definitions.--Section 1701 of the Energy Policy Act of 2005
(42 U.S.C. 16511) is amended by adding at the end the following:
``(6) State.--The term `State' has the meaning given the term
in section 202 of the Energy Conservation and Production Act (42
U.S.C. 6802).
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an entity
within a State agency or financing authority established by a
State--
``(i) to provide financing support or credit
enhancements, including loan guarantees and loan loss
reserves, for eligible projects; and
``(ii) to create liquid markets for eligible projects,
including warehousing and securitization, or take other
steps to reduce financial barriers to the deployment of
existing and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization established to
achieve the purposes described in clauses (i) and (ii) of
subparagraph (A) by an Indian Tribal entity or an Alaska Native
Corporation.''.
(2) Terms and conditions.--Section 1702 of the Energy Policy
Act of 2005 (42 U.S.C. 16512) is amended--
(A) in subsection (a), by inserting ``, including projects
receiving financial support or credit enhancements from a State
energy financing institution,'' after ``for projects'';
(B) in subsection (d)(1), by inserting ``, including a
guarantee for a project receiving financial support or credit
enhancements from a State energy financing institution,'' after
``No guarantee''; and
(C) by adding at the end the following:
``(r) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under this
title, a project receiving financial support or credit enhancements
from a State energy financing institution--
``(A) shall meet the requirements of section 1703(a)(1);
and
``(B) shall not be required to meet the requirements of
section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy financing
institutions may enter into partnerships with private entities,
Tribal entities, and Alaska Native corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department of Energy before the date of
enactment of this subsection shall not be available to be used for
the cost of loan guarantees for projects receiving financing
support or credit enhancements under this subsection.''.
(d) Loan Guarantees for Certain Alaska Natural Gas Transportation
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720n) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``to West Coast States'';
and
(B) in paragraph (3), in the second sentence, by striking
``to the continental United States'';
(2) in subsection (b)(1), in the first sentence, by striking
``to West Coast States''; and
(3) in subsection (g)(4)--
(A) by inserting by striking ``plants liquification plants
and'' and inserting ``plants, liquification plants, and'';
(B) by striking ``to the West Coast''; and
(C) by striking ``to the continental United States''.
Subtitle B--Energy Information Administration
SEC. 40411. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Annual critical minerals outlook.--The term ``Annual
Critical Minerals Outlook'' means the Annual Critical Minerals
Outlook prepared under section 7002(j)(1)(B) of the Energy Act of
2020 (30 U.S.C. 1606(j)(1)(B)).
(3) Critical mineral.--The term ``critical mineral'' has the
meaning given the term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(4) Household energy burden.--The term ``household energy
burden'' means the quotient obtained by dividing--
(A) the residential energy expenditures (as defined in
section 440.3 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this Act)) of the applicable
household; by
(B) the annual income of that household.
(5) Household with a high energy burden.--The term ``household
with a high energy burden'' has the meaning given the term in
section 440.3 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(6) Large manufacturing facility.--The term ``large
manufacturing facility'' means a manufacturing facility that--
(A) annually consumes more than 35,000 megawatt-hours of
electricity; or
(B) has a peak power demand of more than 10 megawatts.
(7) Load-serving entity.--The term ``load-serving entity'' has
the meaning given the term in section 217(a) of the Federal Power
Act (16 U.S.C. 824q(a)).
(8) Miscellaneous electric load.--The term ``miscellaneous
electric load'' means electricity that--
(A) is used by an appliance or device--
(i) within a building; or
(ii) to serve a building; and
(B) is not used for heating, ventilation, air conditioning,
lighting, water heating, or refrigeration.
(9) Regional transmission organization.--The term ``Regional
Transmission Organization'' has the meaning given the term in
section 3 of the Federal Power Act (16 U.S.C. 796).
(10) Rural area.--The term ``rural area'' has the meaning given
the term in section 609(a) of the Public Utility Regulatory
Policies Act of 1978 (7 U.S.C. 918c(a)).
SEC. 40412. DATA COLLECTION IN THE ELECTRICITY SECTOR.
(a) Dashboard.--
(1) Establishment.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish an
online database to track the operation of the bulk power system
in the contiguous 48 States (referred to in this section as the
``Dashboard'').
(B) Improvement of existing dashboard.--The Dashboard may
be established through the improvement, in accordance with this
subsection, of an existing dashboard of the Energy Information
Administration, such as--
(i) the U.S. Electric System Operating Data dashboard;
or
(ii) the Hourly Electric Grid Monitor.
(2) Expansion.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall expand the
Dashboard to include, to the maximum extent practicable, hourly
operating data collected from the electricity balancing
authorities that operate the bulk power system in all of the
several States, each territory of the United States, and the
District of Columbia.
(B) Types of data.--The hourly operating data collected
under subparagraph (A) may include data relating to--
(i) total electricity demand;
(ii) electricity demand by subregion;
(iii) short-term electricity demand forecasts;
(iv) total electricity generation;
(v) net electricity generation by fuel type, including
renewables;
(vi) electricity stored and discharged;
(vii) total net electricity interchange;
(viii) electricity interchange with directly
interconnected balancing authorities; and
(ix) where available, the estimated marginal greenhouse
gas emissions per megawatt hour of electricity generated--
(I) within the metered boundaries of each balancing
authority; and
(II) for each pricing node.
(b) Mix of Energy Sources.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish, in
accordance with section 40419 and this subsection and to the extent
the Administrator determines to be appropriate, a system to
harmonize the operating data on electricity generation collected
under subsection (a) with--
(A) measurements of greenhouse gas and other pollutant
emissions collected by the Environmental Protection Agency;
(B) other data collected by the Environmental Protection
Agency or other relevant Federal agencies, as the Administrator
determines to be appropriate; and
(C) data collected by State or regional energy credit
registries.
(2) Outcomes.--The system established under paragraph (1) shall
result in an integrated dataset that includes, for any given time--
(A) the net generation of electricity by megawatt hour
within the metered boundaries of each balancing authority; and
(B) where available, the average and marginal greenhouse
gas emissions by megawatt hour of electricity generated within
the metered boundaries of each balancing authority.
(3) Real-time data dissemination.--To the maximum extent
practicable, the system established under paragraph (1) shall
disseminate data--
(A) on a real-time basis; and
(B) through an application programming interface that is
publicly accessible.
(4) Complementary efforts.--The system established under
paragraph (1) shall complement any existing data dissemination
efforts of the Administrator that make use of electricity
generation data, such as electricity demand by subregion and
electricity interchange with directly interconnected balancing
authorities.
(c) Observed Characteristics of Bulk Power System Resource
Integration.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a system
to provide to the public timely data on the integration of energy
resources into the bulk power system and the electric distribution
grids in the United States, and the observed effects of that
integration.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall seek to improve the temporal and spatial
resolution of data relating to how grid operations are changing,
such as through--
(A) thermal generator cycling to accommodate intermittent
generation;
(B) generation unit self-scheduling practices;
(C) renewable source curtailment;
(D) utility-scale storage;
(E) load response;
(F) aggregations of distributed energy resources at the
distribution system level;
(G) power interchange between directly connected balancing
authorities;
(H) expanding Regional Transmission Organization balancing
authorities;
(I) improvements in real-time--
(i) accuracy of locational marginal prices; and
(ii) signals to flexible demand; and
(J) disruptions to grid operations, including disruptions
caused by cyber sources, physical sources, extreme weather
events, or other sources.
(d) Distribution System Operations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a system
to provide to the public timely data on the operations of load-
serving entities in the electricity grids of the United States.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall--
(i) not less frequently than annually, provide data
on--
(I) the delivered generation resource mix for each
load-serving entity; and
(II) the distributed energy resources operating
within each service area of a load-serving entity;
(ii) harmonize the data on delivered generation
resource mix described in clause (i)(I) with measurements
of greenhouse gas emissions collected by the Environmental
Protection Agency;
(iii) to the maximum extent practicable, disseminate
the data described in clause (i)(I) and the harmonized data
described in clause (ii) on a real-time basis; and
(iv) provide historical data, beginning with the
earliest calendar year practicable, but not later than
calendar year 2020, on the delivered generation resource
mix described in clause (i)(I).
(B) Data on the delivered generation resource mix.--In
collecting the data described in subparagraph (A)(i)(I), the
Administrator shall--
(i) use existing voluntary industry methodologies,
including reporting protocols, databases, and emissions and
energy use tracking software that provide consistent,
timely, and accessible carbon emissions intensity rates for
delivered electricity;
(ii) consider that generation and transmission entities
may provide data on behalf of load-serving entities;
(iii) to the extent that the Administrator determines
necessary, and in a manner designed to protect confidential
information, require each load-serving entity to submit
additional information as needed to determine the delivered
generation resource mix of the load-serving entity,
including financial or contractual agreements for power and
generation resource type attributes with respect to power
owned by or retired by the load-serving entity; and
(iv) for any portion of the generation resource mix of
a load-serving entity that is otherwise unaccounted for,
develop a methodology to assign to the load-serving entity
a share of the otherwise unaccounted for resource mix of
the relevant balancing authority.
SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SURVEYS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall implement measures to expand the
Manufacturing Energy Consumption Survey, the Commercial Building Energy
Consumption Survey, and the Residential Energy Consumption Survey to
include data on energy end use in order to facilitate the
identification of--
(1) opportunities to improve energy efficiency and energy
productivity;
(2) changing patterns of energy use; and
(3) opportunities to better understand and manage miscellaneous
electric loads.
(b) Requirements.--
(1) In general.--In carrying out subsection (a), the
Administrator shall--
(A) increase the scope and frequency of data collection on
energy end uses and services;
(B) use new data collection methods and tools in order to
obtain more comprehensive data and reduce the burden on survey
respondents, including by--
(i) accessing other existing data sources; and
(ii) if feasible, developing online and real-time
reporting systems;
(C) identify and report community-level economic and
environmental impacts, including with respect to--
(i) the reliability and security of the energy supply;
and
(ii) local areas with households with a high energy
burden; and
(D) improve the presentation of data, including by--
(i) enabling the presentation of data in an interactive
cartographic format on a national, regional, State, and
local level with the functionality of viewing various
economic, energy, and demographic measures on an individual
basis or in combination; and
(ii) incorporating the results of the data collection,
methods, and tools described in subparagraphs (A) and (B)
into existing and new digital distribution methods.
(2) Manufacturing energy consumption survey.--With respect to
the Manufacturing Energy Consumption Survey, the Administrator
shall--
(A) implement measures to provide more detailed
representations of data by region;
(B) for large manufacturing facilities, break out process
heat use by required process temperatures in order to
facilitate the identification of opportunities for cost
reductions and energy efficiency or energy productivity
improvements;
(C) collect information on--
(i) energy source-switching capabilities, especially
with respect to thermal processes and the efficiency of
thermal processes;
(ii) the use of electricity, biofuels, hydrogen, or
other alternative fuels to produce process heat; and
(iii) the use of demand response; and
(D) identify current and potential future industrial
clusters in which multiple firms and facilities in a defined
geographic area share the costs and benefits of infrastructure
for clean manufacturing, such as--
(i) hydrogen generation, production, transport, use,
and storage infrastructure; and
(ii) carbon dioxide capture, transport, use, and
storage infrastructure.
(3) Residential energy consumption survey.--With respect to the
Residential Energy Consumption Survey, the Administrator shall--
(A) implement measures to provide more detailed
representations of data by--
(i) geographic area, including by State (for each
State);
(ii) building type, including multi-family buildings;
(iii) household income;
(iv) location in a rural area; and
(v) other demographic characteristics, as determined by
the Administrator; and
(B) report measures of--
(i) household electrical service capacity;
(ii) access to utility demand-side management programs
and bill credits;
(iii) characteristics of the energy mix used to
generate electricity in different regions; and
(iv) the household energy burden for households--
(I) in different geographic areas;
(II) by electricity, heating, and other end-uses;
and
(III) with different demographic characteristics
that correlate with increased household energy burden,
including--
(aa) having a low household income;
(bb) being a minority household;
(cc) residing in manufactured or multifamily
housing;
(dd) being in a fixed or retirement income
household;
(ee) residing in rental housing; and
(ff) other factors, as determined by the
Administrator.
SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE
ELECTRICITY GRIDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop and implement measures to
expand data collection with respect to electric vehicle integration
with the electricity grids.
(b) Sources of Data.--The sources of the data collected pursuant to
subsection (a) may include--
(1) host-owned or charging-network-owned electric vehicle
charging stations;
(2) aggregators of charging-network electricity demand;
(3) electric utilities offering managed-charging programs;
(4) individual, corporate, or public owners of electric
vehicles; and
(5) balancing authority analyses of--
(A) transformer loading congestion; and
(B) distribution-system congestion.
(c) Consultation and Coordination.--In carrying out subsection (a),
the Administrator may consult and enter into agreements with other
institutions having relevant data and data collection capabilities,
such as--
(1) the Secretary of Transportation;
(2) the Secretary;
(3) the Administrator of the Environmental Protection Agency;
(4) States or State agencies; and
(5) private entities.
SEC. 40415. PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR
MINERALS USED IN THE ENERGY SECTOR.
(a) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with the
Director of the United States Geological Survey, shall develop a
plan for the modeling and forecasting of demand for energy
technologies, including for energy production, transmission, or
storage purposes, that use minerals that are or could be designated
as critical minerals.
(2) Inclusions.--The plan developed under paragraph (1) shall
identify--
(A) the type and quantity of minerals consumed, delineated
by energy technology;
(B) existing markets for manufactured energy-producing,
energy-transmission, and energy-storing equipment; and
(C) emerging or potential markets for new energy-producing,
energy-transmission, and energy-storing technologies entering
commercialization.
(b) Metrics.--The plan developed under subsection (a)(1) shall
produce forecasts of energy technology demand--
(1) over the 1-year, 5-year, and 10-year periods beginning on
the date on which development of the plan is completed;
(2) by economic sector; and
(3) according to any other parameters that the Administrator,
in collaboration with the Secretary of the Interior, acting through
the Director of the United States Geological Survey, determines are
needed for the Annual Critical Minerals Outlook.
(c) Collaboration.--The Administrator shall develop the plan under
subsection (a)(1) in consultation with--
(1) the Secretary with respect to the possible trajectories of
emerging energy-producing and energy-storing technologies; and
(2) the Secretary of the Interior, acting through the Director
of the United States Geological Survey--
(A) to ensure coordination;
(B) to avoid duplicative effort; and
(C) to align the analysis of demand with data and analysis
of where the minerals are produced, refined, and subsequently
processed into materials and parts that are used to build
energy technologies.
SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall implement measures to expand and
improve the international energy data resources of the Energy
Information Administration in order to understand--
(1) the production and use of energy in various countries;
(2) changing patterns of energy use internationally;
(3) the relative costs and environmental impacts of energy
production and use internationally; and
(4) plans for or construction of major energy facilities or
infrastructure.
(b) Requirements.--In carrying out subsection (a), the
Administrator shall--
(1) work with, and leverage the data resources of, the
International Energy Agency;
(2) include detail on energy consumption by fuel, economic
sector, and end use within countries for which data are available;
(3) collect relevant measures of energy use, including--
(A) cost; and
(B) emissions intensity; and
(4) provide tools that allow for straightforward country-to-
country comparisons of energy production and consumption across
economic sectors and end uses.
SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall develop a plan to identify any need or
opportunity to update or further the capabilities of the National
Energy Modeling System, including with respect to--
(1) treating energy demand endogenously;
(2) increased natural gas usage and increased market
penetration of renewable energy;
(3) flexible operating modes of nuclear power plants, such as
load following and frequency control;
(4) tools to model multiple-output energy systems that provide
hydrogen, high-value heat, electricity, and chemical synthesis
services, including interactions of those energy systems with the
electricity grids, pipeline networks, and the broader economy;
(5) demand response and improved representation of energy
storage, including long-duration storage, in capacity expansion
models;
(6) electrification, particularly with respect to the
transportation, industrial, and buildings sectors;
(7) increasing model resolution to represent all hours of the
year and all electricity generators;
(8) wholesale electricity market design and the appropriate
valuation of all services that support the reliability of
electricity grids, such as--
(A) battery storage; and
(B) synthetic inertia from grid-tied inverters;
(9) economic modeling of the role of energy efficiency, demand
response, electricity storage, and a variety of distributed
generation technologies;
(10) the production, transport, use, and storage of carbon
dioxide, hydrogen, and hydrogen carriers;
(11) greater flexibility in--
(A) the modeling of the environmental impacts of
electricity systems, such as--
(i) emissions of greenhouse gases and other pollutants;
and
(ii) the use of land and water resources; and
(B) the ability to support climate modeling, such as the
climate modeling performed by the Office of Biological and
Environmental Research in the Office of Science of the
Department;
(12) technologies that are in an early stage of commercial
deployment and have been identified by the Secretary as candidates
for large-scale demonstration projects, such as--
(A) carbon capture, transport, use, and storage from any
source or economic sector;
(B) direct air capture;
(C) hydrogen production, including via electrolysis;
(D) synthetic and biogenic hydrocarbon liquid and gaseous
fuels;
(E) supercritical carbon dioxide combustion turbines;
(F) industrial fuel cell and hydrogen combustion equipment;
and
(G) industrial electric boilers;
(13) increased and improved data sources and tools, including--
(A) the establishment of technology and cost baselines,
including technology learning rates;
(B) economic and employment impacts of energy system
policies and energy prices on households, as a function of
household income and region; and
(C) the use of behavioral economics to inform demand
modeling in all sectors; and
(14) striving to migrate toward a single, consistent, and open-
source modeling platform, and increasing open access to model
systems, data, and outcomes, for--
(A) disseminating reference scenarios that can be
transparently and broadly replicated; and
(B) promoting the development of the researcher and analyst
workforce needed to continue the development and validation of
improved energy system models in the future.
SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY
SECTOR.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report on--
(1) the potential use of levelized cost of carbon abatement or
a similar metric in analyzing generators of electricity, including
an identification of limitations and appropriate uses of the
metric;
(2) the feasibility and impact of incorporating levelized cost
of carbon abatement in long-term forecasts--
(A) to compare technical approaches and understand real-
time changes in fossil-fuel and nuclear dispatch;
(B) to compare the system-level costs of technology options
to reduce emissions; and
(C) to compare the costs of policy options, including
current policies, regarding valid and verifiable reductions and
removals of carbon; and
(3)(A) a potential process to measure carbon dioxide emissions
intensity per unit of output production for a range of--
(i) energy sources;
(ii) sectors; and
(iii) geographic regions; and
(B) a corresponding process to provide an empirical
framework for reporting the status and costs of carbon dioxide
reduction relative to specified goals.
SEC. 40419. HARMONIZATION OF EFFORTS AND DATA.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall establish a system to harmonize, to the maximum
extent practicable and consistent with data integrity--
(1) the data collection efforts of the Administrator, including
any data collection required under this subtitle, with the data
collection efforts of--
(A) the Environmental Protection Agency, as the
Administrator determines to be appropriate;
(B) other relevant Federal agencies, as the Administrator
determines to be appropriate; and
(C) State or regional energy credit registries, as the
Administrator determines to be appropriate;
(2) the data collected under this subtitle, including the
operating data on electricity generation collected under section
40412(a), with data collected by the entities described in
subparagraphs (A) through (C) of paragraph (1), including any
measurements of greenhouse gas and other pollutant emissions
collected by the Environmental Protection Agency, as the
Administrator determines to be appropriate; and
(3) the efforts of the Administrator to identify and report
relevant impacts, opportunities, and patterns with respect to
energy use, including the identification of community-level
economic and environmental impacts required under section
40413(b)(1)(C), with the efforts of the Environmental Protection
Agency and other relevant Federal agencies, as determined by the
Administrator, to identify similar impacts, opportunities, and
patterns.
Subtitle C--Miscellaneous
SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER
ELECTRIFICATION OF THE TRANSPORTATION SECTOR.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
40104(a)(1)) is amended by adding at the end the following:
``(21) Electric vehicle charging programs.--Each State shall
consider measures to promote greater electrification of the
transportation sector, including the establishment of rates that--
``(A) promote affordable and equitable electric vehicle
charging options for residential, commercial, and public
electric vehicle charging infrastructure;
``(B) improve the customer experience associated with
electric vehicle charging, including by reducing charging times
for light-, medium-, and heavy-duty vehicles;
``(C) accelerate third-party investment in electric vehicle
charging for light-, medium-, and heavy-duty vehicles; and
``(D) appropriately recover the marginal costs of
delivering electricity to electric vehicles and electric
vehicle charging infrastructure.''.
(b) Compliance.--
(1) Time limitation.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by
section 40104(a)(2)(A)) is amended by adding at the end the
following:
``(8)(A) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect to
each electric utility for which the State has ratemaking authority)
and each nonregulated utility shall commence consideration under
section 111, or set a hearing date for consideration, with respect
to the standard established by paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by
section 40104(a)(2)(B)(i)) is amended by adding at the end the
following: ``In the case of the standard established by paragraph
(21) of section 111(d), the reference contained in this subsection
to the date of enactment of this Act shall be deemed to be a
reference to the date of enactment of that paragraph (21).''.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by
section 40104(a)(2)(C)(i)) is amended by adding at the end the
following:
``(h) Other Prior State Actions.--Subsections (b) and (c) shall not
apply to the standard established by paragraph (21) of section 111(d)
in the case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility the
standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a proceeding
to consider implementation of the standard (or a comparable
standard) for the electric utility; or
``(3) the State legislature has voted on the implementation of
the standard (or a comparable standard) for the electric utility
during the 3-year period ending on that date of enactment.''.
(B) Cross-reference.--Section 124 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2634) (as amended by
section 40104(a)(2)(C)(ii)(II)) is amended by adding at the end
the following: ``In the case of the standard established by
paragraph (21) of section 111(d), the reference contained in
this section to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that
paragraph (21).''.
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking the third sentence;
and
(B) in subparagraph (B)--
(i) by striking the third sentence and inserting the
following: ``The Director shall be compensated at a rate of
pay not greater than the maximum rate of pay prescribed for
a senior executive in the Senior Executive Service under
section 5382 of title 5, United States Code.''; and
(ii) by striking the first sentence; and
(2) in subsection (b), by striking paragraph (4).
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with appropriate Federal
agencies and relevant stakeholders, shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that assesses
using digital tools and platforms as climate solutions, including--
(1) artificial intelligence and machine learning;
(2) blockchain technologies and distributed ledgers;
(3) crowdsourcing platforms;
(4) the Internet of Things;
(5) distributed computing for the grid; and
(6) software and systems.
(b) Contents.--The report required under subsection (a) shall
include--
(1) as practicable, a full inventory and assessment of digital
climate solutions;
(2) an analysis of how the private sector can utilize the
digital tools and platforms included in the inventory under
paragraph (1) to accelerate digital climate solutions; and
(3) a summary of opportunities to enhance the standardization
of voluntary and regulatory climate disclosure protocols, including
enabling the data to be disseminated through an application
programming interface that is accessible to the public.
SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND
IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF THE PERMIT
FOR THE KEYSTONE XL PIPELINE.
(a) Definition of Executive Order.--In this section, the term
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037;
relating to protecting public health and the environment and restoring
science to tackle the climate crisis).
(b) Study and Report.--The Secretary shall--
(1) conduct a study to estimate--
(A) the total number of jobs that were lost as a direct or
indirect result of section 6 of the Executive Order over the
10-year period beginning on the date on which the Executive
Order was issued; and
(B) the impact on consumer energy costs that are projected
to result as a direct or indirect result of section 6 of the
Executive Order over the 10-year period beginning on the date
on which the Executive Order was issued; and
(2) not later than 90 days after the date of enactment of this
Act, submit to Congress a report describing the findings of the
study conducted under paragraph (1).
SEC. 40435. STUDY ON IMPACT OF ELECTRIC VEHICLES.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall conduct, and submit to Congress a report describing
the results of, a study on the cradle to grave environmental impact of
electric vehicles.
SEC. 40436. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC
VEHICLE SUPPLY CHAIN.
Not later than 120 days after the date of enactment of this Act,
the Secretary, in coordination with the Secretary of State and the
Secretary of Commerce, shall study the impact of forced labor in China
on the electric vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
SEC. 40501. DEFINITIONS.
In this subtitle:
(1) Priority state.--The term ``priority State'' means a State
that--
(A) is eligible for funding under the State Energy Program;
and
(B)(i) is among the 15 States with the highest annual per-
capita combined residential and commercial sector energy
consumption, as most recently reported by the Energy
Information Administration; or
(ii) is among the 15 States with the highest annual per-
capita energy-related carbon dioxide emissions by State, as
most recently reported by the Energy Information
Administration.
(2) Program.--The term ``program'' means the program
established under section 40502(a).
(3) State.--The term ``State'' means a State (as defined in
section 3 of the Energy Policy and Conservation Act (42 U.S.C.
6202)), acting through a State energy office.
(4) State energy program.--The term ``State Energy Program''
means the State Energy Program established under part D of title
III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq.).
SEC. 40502. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT
PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, under the State Energy Program, the Secretary shall
establish a program under which the Secretary shall provide
capitalization grants to States to establish a revolving loan fund
under which the State shall provide loans and grants, as applicable, in
accordance with this section.
(b) Distribution of Funds.--
(1) All states.--
(A) In general.--Of the amounts made available under
subsection (j), the Secretary shall use 40 percent to provide
capitalization grants to States that are eligible for funding
under the State Energy Program, in accordance with the
allocation formula established under section 420.11 of title
10, Code of Federal Regulations (or successor regulations).
(B) Remaining funding.--After applying the allocation
formula described in subparagraph (A), the Secretary shall
redistribute any unclaimed funds to the remaining States
seeking capitalization grants under that subparagraph.
(2) Priority states.--
(A) In general.--Of the amounts made available under
subsection (j), the Secretary shall use 60 percent to provide
supplemental capitalization grants to priority States in
accordance with an allocation formula determined by the
Secretary.
(B) Remaining funding.--After applying the allocation
formula described in subparagraph (A), the Secretary shall
redistribute any unclaimed funds to the remaining priority
States seeking supplemental capitalization grants under that
subparagraph.
(C) Grant amount.--
(i) Maximum amount.--The amount of a supplemental
capitalization grant provided to a State under this
paragraph shall not exceed $15,000,000.
(ii) Supplement not supplant.--A supplemental
capitalization grant received by a State under this
paragraph shall supplement, not supplant, a capitalization
grant received by that State under paragraph (1).
(c) Applications for Capitalization Grants.--A State seeking a
capitalization grant under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
(1) a detailed explanation of how the grant will be used,
including a plan to establish a new revolving loan fund or use an
existing revolving loan fund;
(2) the need of eligible recipients for loans and grants in the
State for assistance with conducting energy audits;
(3) a description of the expected benefits that building
infrastructure and energy system upgrades and retrofits will have
on communities in the State; and
(4) in the case of a priority State seeking a supplemental
capitalization grant under subsection (b)(2), a justification for
needing the supplemental funding.
(d) Timing.--
(1) In general.--The Secretary shall establish a timeline with
dates by, or periods by the end of, which a State shall--
(A) on receipt of a capitalization grant under the program,
deposit the grant funds into a revolving loan fund; and
(B) begin using the capitalization grant as described in
subsection (e)(1).
(2) Use of grant.--Under the timeline established under
paragraph (1), a State shall be required to begin using a
capitalization grant not more than 180 days after the date on which
the grant is received.
(e) Use of Grant Funds.--
(1) In general.--A State that receives a capitalization grant
under the program--
(A) shall provide loans in accordance with paragraph (2);
and
(B) may provide grants in accordance with paragraph (3).
(2) Loans.--
(A) Commercial energy audit.--
(i) In general.--A State that receives a capitalization
grant under the program may provide a loan to an eligible
recipient described in clause (iv) to conduct a commercial
energy audit.
(ii) Audit requirements.--A commercial energy audit
conducted using a loan provided under clause (i) shall--
(I) determine the overall consumption of energy of
the facility of the eligible recipient;
(II) identify and recommend lifecycle cost-
effective opportunities to reduce the energy
consumption of the facility of the eligible recipient,
including through energy efficient--
(aa) lighting;
(bb) heating, ventilation, and air conditioning
systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) estimate the energy and cost savings
potential of the opportunities identified in subclause
(II) using software approved by the Secretary;
(IV) identify--
(aa) the period and level of peak energy demand
for each building within the facility of the
eligible recipient; and
(bb) the sources of energy consumption that are
contributing the most to that period of peak energy
demand;
(V) recommend controls and management systems to
reduce or redistribute peak energy consumption; and
(VI) estimate the total energy and cost savings
potential for the facility of the eligible recipient if
all recommended upgrades and retrofits are implemented,
using software approved by the Secretary.
(iii) Additional audit inclusions.--A commercial energy
audit conducted using a loan provided under clause (i) may
recommend strategies to increase energy efficiency of the
facility of the eligible recipient through use of electric
systems or other high-efficiency systems utilizing fuels,
including natural gas and hydrogen.
(iv) Eligible recipients.--An eligible recipient under
clause (i) is a business that--
(I) conducts the majority of its business in the
State that provides the loan under that clause; and
(II) owns or operates--
(aa) 1 or more commercial buildings; or
(bb) commercial space within a building that
serves multiple functions, such as a building for
commercial and residential operations.
(B) Residential energy audits.--
(i) In general.--A State that receives a capitalization
grant under the program may provide a loan to an eligible
recipient described in clause (iv) to conduct a residential
energy audit.
(ii) Residential energy audit requirements.--A
residential energy audit conducted using a loan under
clause (i) shall--
(I) utilize the same evaluation criteria as the
Home Performance Assessment used in the Energy Star
program established under section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a);
(II) recommend lifecycle cost-effective
opportunities to reduce energy consumption within the
residential building of the eligible recipient,
including through energy efficient--
(aa) lighting;
(bb) heating, ventilation, and air conditioning
systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and building envelopes;
(III) recommend controls and management systems to
reduce or redistribute peak energy consumption;
(IV) compare the energy consumption of the
residential building of the eligible recipient to
comparable residential buildings in the same geographic
area; and
(V) provide a Home Energy Score, or equivalent
score (as determined by the Secretary), for the
residential building of the eligible recipient by using
the Home Energy Score Tool of the Department or an
equivalent scoring tool.
(iii) Additional audit inclusions.--A residential
energy audit conducted using a loan provided under clause
(i) may recommend strategies to increase energy efficiency
of the facility of the eligible recipient through use of
electric systems or other high-efficiency systems utilizing
fuels, including natural gas and hydrogen.
(iv) Eligible recipients.--An eligible recipient under
clause (i) is--
(I) an individual who owns--
(aa) a single family home;
(bb) a condominium or duplex; or
(cc) a manufactured housing unit; or
(II) a business that owns or operates a multifamily
housing facility.
(C) Commercial and residential energy upgrades and
retrofits.--
(i) In general.--A State that receives a capitalization
grant under the program may provide a loan to an eligible
recipient described in clause (ii) to carry out upgrades or
retrofits of building infrastructure and systems that--
(I) are recommended in the commercial energy audit
or residential energy audit, as applicable, completed
for the building or facility of the eligible recipient;
(II) satisfy at least 1 of the criteria in the Home
Performance Assessment used in the Energy Star program
established under section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a);
(III) improve, with respect to the building or
facility of the eligible recipient--
(aa) the physical comfort of the building or
facility occupants;
(bb) the energy efficiency of the building or
facility; or
(cc) the quality of the air in the building or
facility; and
(IV)(aa) are lifecycle cost-effective; and
(bb)(AA) reduce the energy intensity of the
building or facility of the eligible recipient; or
(BB) improve the control and management of energy
usage of the building or facility to reduce demand
during peak times.
(ii) Eligible recipients.--An eligible recipient under
clause (i) is an eligible recipient described in
subparagraph (A)(iv) or (B)(iv) that--
(I) has completed a commercial energy audit
described in subparagraph (A) or a residential energy
audit described in subparagraph (B) using a loan
provided under the applicable subparagraph; or
(II) has completed a commercial energy audit or
residential energy audit that--
(aa) was not funded by a loan under this
paragraph; and
(bb)(AA) meets the requirements for the
applicable audit under subparagraph (A) or (B), as
applicable; or
(BB) the Secretary determines is otherwise
satisfactory.
(iii) Loan term.--
(I) In general.--A loan provided under this
subparagraph shall be required to be fully amortized by
the earlier of--
(aa) subject to subclause (II), the year in
which the upgrades or retrofits carried out using
the loan exceed their expected useful life; and
(bb) 15 years after those upgrades or retrofits
are installed.
(II) Calculation.--For purposes of subclause
(I)(aa), in the case of a loan being used to fund
multiple upgrades or retrofits, the longest-lived
upgrade or retrofit shall be used to calculate the year
in which the upgrades or retrofits carried out using
the loan exceed their expected useful life.
(D) Referral to qualified contractors.--Following the
completion of an audit under subparagraph (A) or (B) by an
eligible recipient of a loan under the applicable subparagraph,
the State may refer the eligible recipient to a qualified
contractor, as determined by the State, to estimate--
(i) the upfront capital cost of each recommended
upgrade; and
(ii) the total upfront capital cost of implementing all
recommended upgrades.
(E) Loan recipients.--Each State providing loans under this
paragraph shall, to the maximum extent practicable, provide
loans to eligible recipients that do not have access to private
capital.
(3) Grants and technical assistance.--
(A) In general.--A State that receives a capitalization
grant under the program may use not more than 25 percent of the
grant funds to provide grants or technical assistance to
eligible entities described in subparagraph (B) to carry out
the activities described in subparagraphs (A), (B), and (C) of
paragraph (2).
(B) Eligible entity.--An entity eligible for a grant or
technical assistance under subparagraph (A) is--
(i) a business that--
(I) is an eligible recipient described in paragraph
(2)(A)(iv); and
(II) has fewer than 500 employees; or
(ii) a low-income individual (as defined in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)) that owns a residential building.
(4) Final assessment.--A State that provides a capitalization
grant under paragraph (2)(C) to an eligible recipient described in
clause (ii) of that paragraph may, not later than 1 year after the
date on which the upgrades or retrofits funded by the grant under
that paragraph are completed, provide to the eligible recipient a
loan or, in accordance with paragraph (3), a grant to conduct a
final energy audit that assesses the total energy savings from the
upgrades or retrofits.
(5) Administrative expenses.--A State that receives a
capitalization grant under the program may use not more than 10
percent of the grant funds for administrative expenses.
(f) Coordination With Existing Programs.--A State receiving a
capitalization grant under the program is encouraged to utilize and
build on existing programs and infrastructure within the State that may
aid the State in carrying out a revolving loan fund program.
(g) Leveraging Private Capital.--A State receiving a capitalization
grant under the program shall, to the maximum extent practicable, use
the grant to leverage private capital.
(h) Outreach.--The Secretary shall engage in outreach to inform
States of the availability of capitalization grants under the program.
(i) Report.--Each State that receives a capitalization grant under
the program shall, not later than 2 years after a grant is received,
submit to the Secretary a report that describes--
(1) the number of recipients to which the State has
distributed--
(A) loans for--
(i) commercial energy audits under subsection
(e)(2)(A);
(ii) residential energy audits under subsection
(e)(2)(B);
(iii) energy upgrades and retrofits under subsection
(e)(2)(C); and
(B) grants under subsection (e)(3); and
(2) the average capital cost of upgrades and retrofits across
all commercial energy audits and residential energy audits that
were conducted in the State using loans provided by the State under
subsection (e).
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for fiscal year 2022, to remain available until expended.
SEC. 40503. ENERGY AUDITOR TRAINING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Covered certification.--The term ``covered certification''
means any of the following certifications:
(A) The American Society of Heating, Refrigerating and Air-
Conditioning Engineers Building Energy Assessment Professional
certification.
(B) The Association of Energy Engineers Certified Energy
Auditor certification.
(C) The Building Performance Institute Home Energy
Professional Energy Auditor certification.
(D) The Residential Energy Services Network Home Energy
Rater certification.
(E) Any other third-party certification recognized by the
Department.
(F) Any third-party certification that the Secretary
determines is equivalent to the certifications described in
subparagraphs (A) through (E).
(2) Eligible state.--The term ``eligible State'' means a State
that--
(A) has a demonstrated need for assistance for training
energy auditors; and
(B) meets any additional criteria determined necessary by
the Secretary.
(b) Establishment.--Under the State Energy Program, the Secretary
shall establish a competitive grant program under which the Secretary
shall award grants to eligible States to train individuals to conduct
energy audits or surveys of commercial and residential buildings.
(c) Applications.--
(1) In general.--A State seeking a grant under subsection (b)
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including the energy auditor training program plan
described in paragraph (2).
(2) Energy auditor training program plan.--An energy auditor
training program plan submitted with an application under paragraph
(1) shall include--
(A)(i) a proposed training curriculum for energy audit
trainees; and
(ii) an identification of the covered certification that
those trainees will receive on completion of that training
curriculum;
(B) the expected per-individual cost of training;
(C) a plan for connecting trainees with employment
opportunities; and
(D) any additional information required by the Secretary.
(d) Amount of Grant.--The amount of a grant awarded to an eligible
State under subsection (b)--
(1) shall be determined by the Secretary, taking into account
the population of the eligible State; and
(2) shall not exceed $2,000,000 for any eligible State.
(e) Use of Funds.--
(1) In general.--An eligible State that receives a grant under
subsection (b) shall use the grant funds--
(A) to cover any cost associated with individuals being
trained or certified to conduct energy audits by--
(i) the State; or
(ii) a State-certified third party training program;
and
(B) subject to paragraph (2), to pay the wages of a trainee
during the period in which the trainee receives training and
certification.
(2) Limitation.--Not more than 10 percent of grant funds
provided under subsection (b) to an eligible State may be used for
the purpose described in paragraph (1)(B).
(f) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Labor.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $40,000,000 for
the period of fiscal years 2022 through 2026.
Subtitle B--Buildings
SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
(a) In General.--Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end
the following:
``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency, State energy
office, or Tribal energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a partnership
between an eligible entity described in paragraph (1)(A) and 1 or
more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and construction
professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and environmental
advocates.
``(F) Other entities, as determined by the Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary of
Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a program
under which the Secretary shall award grants on a competitive basis
to eligible entities to enable sustained cost-effective
implementation of updated building energy codes.
``(2) Updated building energy code.--An update to a building
energy code under this section, including an amendment that results
in increased efficiency compared to the previously adopted building
energy code, shall include any update made available after the
existing building energy code, even if it is not the most recent
updated code available.
``(c) Criteria; Priority.--In awarding grants under subsection (b),
the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to measure the
savings, including utilizing the Environmental Protection
Agency Portfolio Manager, the Home Energy Score rating of the
Office of Energy Efficiency and Renewable Energy of the
Department of Energy, the Energy Star Building rating
methodologies of the Environmental Protection Agency, and other
methodologies determined appropriate by the Secretary;
``(B) the long-term sustainability of those measures and
savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible entity to
carry out the proposed project; and
``(E) the need of the eligible entity for assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional partnerships to
provide training and materials to--
``(i) builders, contractors and subcontractors,
architects, and other design and construction
professionals, relating to meeting updated building energy
codes in a cost-effective manner; and
``(ii) building code officials, relating to improving
implementation of and compliance with building energy
codes;
``(B) to collect and disseminate quantitative data on
construction and codes implementation, including code pathways,
performance metrics, and technologies used;
``(C) to develop and implement a plan for highly effective
codes implementation, including measuring compliance;
``(D) to address various implementation needs in rural,
suburban, and urban areas; and
``(E) to implement updates in energy codes for--
``(i) new residential and commercial buildings
(including multifamily buildings); and
``(ii) additions and alterations to existing
residential and commercial buildings (including multifamily
buildings).
``(2) Related topics.--Training and materials provided using a
grant under this section may include information on the
relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-net-energy
buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental impacts; and
``(D) the economic impacts of energy codes.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $225,000,000
for the period of fiscal years 2022 through 2026.''.
(b) Conforming Amendment.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding
paragraph (1), by striking ``As used in'' and inserting ``Except as
otherwise provided, in''.
SEC. 40512. BUILDING, TRAINING, AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to institutions
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to
establish building training and assessment centers--
(1) to identify opportunities for optimizing energy efficiency
and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and building
technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to supply
heat and power for buildings, particularly energy-intensive
buildings; and
(6) to coordinate with and assist State-accredited technical
training centers, community colleges, Tribal Colleges or
Universities, and local offices of the National Institute of Food
and Agriculture and ensure appropriate services are provided under
this section to each region of the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program under
section 457 of the Energy Independence and Security Act of 2007 (as
added by section 40521(b)) and with other Federal programs to avoid
duplication of effort.
(2) Collocation.--To the maximum extent practicable, building,
training, and assessment centers established under this section
shall be collocated with industrial research and assessment centers
(as defined in section 40531).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 40513. CAREER SKILLS TRAINING.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a nonprofit partnership that--
(1) includes the equal participation of industry, including
public or private employers, and labor organizations, including
joint labor-management training programs;
(2) may include workforce investment boards, community-based
organizations, qualified service and conservation corps,
educational institutions, small businesses, cooperatives, State and
local veterans agencies, and veterans service organizations; and
(3) demonstrates--
(A) experience in implementing and operating worker skills
training and education programs;
(B) the ability to identify and involve in training
programs carried out under this section, target populations of
individuals who would benefit from training and be actively
involved in activities relating to energy efficiency and
renewable energy industries; and
(C) the ability to help individuals achieve economic self-
sufficiency.
(b) Establishment.--The Secretary shall award grants to eligible
entities to pay the Federal share of associated career skills training
programs under which students concurrently receive classroom
instruction and on-the-job training for the purpose of obtaining an
industry-related certification to install energy efficient buildings
technologies.
(c) Federal Share.--The Federal share of the cost of carrying out a
career skills training program described in subsection (b) shall be 50
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 40514. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
entered into under subsection (b).
(3) Survey.--The term ``Survey'' means the Commercial Building
Energy Consumption Survey.
(b) Authorization of Agreement.--Not later than 120 days after the
date of enactment of this Act, the Administrator and the Administrator
of the Environmental Protection Agency shall sign, and submit to
Congress, an information sharing agreement relating to commercial
building energy consumption data.
(c) Content of Agreement.--The Agreement shall--
(1) provide, to the extent permitted by law, that--
(A) the Administrator shall have access to building-
specific data in the Portfolio Manager database of the
Environmental Protection Agency; and
(B) the Administrator of the Environmental Protection
Agency shall have access to building-specific data collected by
the Survey;
(2) describe the manner in which the Administrator shall use
the data described in paragraph (1) and subsection (d);
(3) describe and compare--
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency, and State
and local government managers use to maximize the quality,
reliability, and integrity of data collected through the
Survey, the Portfolio Manager database of the Environmental
Protection Agency, and State and local building energy
disclosure laws (including regulations), respectively, and the
manner in which those methodologies can be improved; and
(B) consistencies and variations in data for the same
buildings captured in--
(i)(I) the 2018 Survey cycle; and
(II) each subsequent Survey cycle; and
(ii) the Portfolio Manager database of the
Environmental Protection Agency; and
(4) consider whether, and the methods by which, the
Administrator may collect and publish new iterations of Survey data
every 3 years--
(A) using the Survey processes of the Administrator; or
(B) as supplemented by information in the Portfolio Manager
database of the Environmental Protection Agency.
(d) Data.--The data referred in subsection (c)(2) includes data
that--
(1) is collected through the Portfolio Manager database of the
Environmental Protection Agency;
(2) is required to be publicly available on the internet under
State and local government building energy disclosure laws
(including regulations); and
(3) includes information on private sector buildings that are
not less than 250,000 square feet.
(e) Protection of Information.--In carrying out the agreement, the
Administrator and the Administrator of the Environmental Protection
Agency shall protect information in accordance with--
(1) section 552(b)(4) of title 5, United States Code (commonly
known as the ``Freedom of Information Act'');
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
Subtitle C--Industrial Energy Efficiency
PART I--INDUSTRY
SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
ASSESSMENT CENTERS.
(a) Future of Industry Program.--
(1) In general.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended--
(A) by striking the section heading and inserting the
following: ``future of industry program'';
(B) in subsection (a)(2)--
(i) by redesignating subparagraph (E) as subparagraph
(F); and
(ii) by inserting after subparagraph (D) the following:
``(E) water and wastewater treatment facilities, including
systems that treat municipal, industrial, and agricultural
waste; and'';
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection (e).
(2) Conforming amendment.--Section 454(b)(2)(C) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17113(b)(2)(C)) is
amended by striking ``energy-intensive industries'' and inserting
``Future of Industry''.
(b) Industrial Research and Assessment Centers.--Subtitle D of
title IV of the Energy Independence and Security Act of 2007 (42 U.S.C.
17111 et seq.) is amended by adding at the end the following:
``SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
``(a) Definitions.--In this section:
``(1) Covered project.--The term `covered project' means a
project--
``(A) that has been recommended in an energy assessment
described in paragraph (2)(A) conducted for an eligible entity;
and
``(B) with respect to which the plant site of that eligible
entity--
``(i) improves--
``(I) energy efficiency;
``(II) material efficiency;
``(III) cybersecurity; or
``(IV) productivity; or
``(ii) reduces--
``(I) waste production;
``(II) greenhouse gas emissions; or
``(III) nongreenhouse gas pollution.
``(2) Eligible entity.--The term `eligible entity' means a
small- or medium-sized manufacturer that has had an energy
assessment completed by--
``(A) an industrial research and assessment center;
``(B) a Department of Energy Combined Heat and Power
Technical Assistance Partnership jointly with an industrial
research and assessment center; or
``(C) a third-party assessor that provides an assessment
equivalent to an assessment described in subparagraph (A) or
(B), as determined by the Secretary.
``(3) Energy service provider.--The term `energy service
provider' means--
``(A) any business providing technology or services to
improve the energy efficiency, water efficiency, power factor,
or load management of a manufacturing site or other industrial
process in an energy-intensive industry (as defined in section
452(a)); and
``(B) any utility operating under a utility energy service
project.
``(4) Industrial research and assessment center.--The term
`industrial research and assessment center' means--
``(A) an institution of higher education-based industrial
research and assessment center that is funded by the Secretary
under subsection (b); and
``(B) an industrial research and assessment center at a
trade school, community college, or union training program that
is funded by the Secretary under subsection (f).
``(5) Program.--The term `Program' means the program for
implementation grants established under subsection (i)(1).
``(6) Small- or medium-sized manufacturer.--The term `small- or
medium-sized manufacturer' means a manufacturing firm--
``(A) the gross annual sales of which are less than
$100,000,000;
``(B) that has fewer than 500 employees at the plant site
of the manufacturing firm; and
``(C) the annual energy bills of which total more than
$100,000 but less than $3,500,000.
``(b) Institution of Higher Education-based Industrial Research and
Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
``(2) Purpose.--The purpose of each institution of higher
education-based industrial research and assessment center shall
be--
``(A) to provide in-depth assessments of small- and medium-
sized manufacturer plant sites to evaluate the facilities,
services, and manufacturing operations of the plant sites;
``(B) to identify opportunities for optimizing energy
efficiency and environmental performance, including
implementation of--
``(i) smart manufacturing;
``(ii) energy management systems;
``(iii) sustainable manufacturing;
``(iv) information technology advancements for supply
chain analysis, logistics, system monitoring, industrial
and manufacturing processes, and other purposes; and
``(v) waste management systems;
``(C) to promote applications of emerging concepts and
technologies in small- and medium-sized manufacturers
(including water and wastewater treatment facilities and
federally owned manufacturing facilities);
``(D) to promote research and development for the use of
alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
``(E) to coordinate with appropriate Federal and State
research offices;
``(F) to provide a clearinghouse for industrial process and
energy efficiency technical assistance resources; and
``(G) to coordinate with State-accredited technical
training centers and community colleges, while ensuring
appropriate services to all regions of the United States.
``(c) Coordination.--To increase the value and capabilities of the
industrial research and assessment centers, the centers shall--
``(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and Technology;
``(2) coordinate with the Federal Energy Management Program and
the Building Technologies Office of the Department of Energy to
provide building assessment services to manufacturers;
``(3) increase partnerships with the National Laboratories of
the Department of Energy to leverage the expertise, technologies,
and research and development capabilities of the National
Laboratories for national industrial and manufacturing needs;
``(4) increase partnerships with energy service providers and
technology providers to leverage private sector expertise and
accelerate deployment of new and existing technologies and
processes for energy efficiency, power factor, and load management;
``(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
``(6) promote sustainable manufacturing practices for small-
and medium-sized manufacturers.
``(d) Outreach.--The Secretary shall provide funding for--
``(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized manufacturers
of the information, technologies, and services available; and
``(2) coordination activities by each industrial research and
assessment center to leverage efforts with--
``(A) Federal, State, and Tribal efforts;
``(B) the efforts of utilities and energy service
providers;
``(C) the efforts of regional energy efficiency
organizations; and
``(D) the efforts of other industrial research and
assessment centers.
``(e) Centers of Excellence.--
``(1) Establishment.--The Secretary shall establish a Center of
Excellence at not more than 5 of the highest-performing industrial
research and assessment centers, as determined by the Secretary.
``(2) Duties.--A Center of Excellence shall coordinate with and
advise the industrial research and assessment centers located in
the region of the Center of Excellence, including--
``(A) by mentoring new directors and staff of the
industrial research and assessment centers with respect to--
``(i) the availability of resources; and
``(ii) best practices for carrying out assessments,
including through the participation of the staff of the
Center of Excellence in assessments carried out by new
industrial research and assessment centers;
``(B) by providing training to staff and students at the
industrial research and assessment centers on new technologies,
practices, and tools to expand the scope and impact of the
assessments carried out by the centers;
``(C) by assisting the industrial research and assessment
centers with specialized technical opportunities, including by
providing a clearinghouse of available expertise and tools to
assist the centers and clients of the centers in assessing and
implementing those opportunities;
``(D) by identifying and coordinating with regional, State,
local, Tribal, and utility energy efficiency programs for the
purpose of facilitating efforts by industrial research and
assessment centers to connect industrial facilities receiving
assessments from those centers with regional, State, local, and
utility energy efficiency programs that could aid the
industrial facilities in implementing any recommendations
resulting from the assessments;
``(E) by facilitating coordination between the industrial
research and assessment centers and other Federal programs
described in paragraphs (1) through (3) of subsection (c); and
``(F) by coordinating the outreach activities of the
industrial research and assessment centers under subsection
(d)(1).
``(3) Funding.--For each fiscal year, out of any amounts made
available to carry out this section under subsection (j), the
Secretary shall use not less than $500,000 to support each Center
of Excellence.
``(f) Expansion of Industrial Research and Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
establish additional industrial research and assessment centers at
trade schools, community colleges, and union training programs.
``(2) Purpose.--
``(A) In general.--Subject to subparagraph (B), to the
maximum extent practicable, an industrial research and
assessment center established under paragraph (1) shall have
the same purpose as an institution of higher education-based
industrial research center that is funded by the Secretary
under subsection (b)(1).
``(B) Consideration of capabilities.--In evaluating or
establishing the purpose of an industrial research and
assessment center established under paragraph (1), the
Secretary shall take into consideration the varying
capabilities of trade schools, community colleges, and union
training programs.
``(g) Workforce Training.--
``(1) Internships.--The Secretary shall pay the Federal share
of associated internship programs under which students work with or
for industries, manufacturers, and energy service providers to
implement the recommendations of industrial research and assessment
centers.
``(2) Apprenticeships.--The Secretary shall pay the Federal
share of associated apprenticeship programs under which--
``(A) students work with or for industries, manufacturers,
and energy service providers to implement the recommendations
of industrial research and assessment centers; and
``(B) employees of facilities that have received an
assessment from an industrial research and assessment center
work with or for an industrial research and assessment center
to gain knowledge on engineering practices and processes to
improve productivity and energy savings.
``(3) Federal share.--The Federal share of the cost of carrying
out internship programs described in paragraph (1) and
apprenticeship programs described in paragraph (2) shall be 50
percent.
``(h) Small Business Loans.--The Administrator of the Small
Business Administration shall, to the maximum extent practicable,
expedite consideration of applications from eligible small business
concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.)
to implement recommendations developed by the industrial research and
assessment centers.
``(i) Implementation Grants.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants to eligible entities
to implement covered projects.
``(2) Application.--An eligible entity seeking a grant under
the Program shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a demonstration of need for
financial assistance to implement the proposed covered project.
``(3) Priority.--In awarding grants under the Program, the
Secretary shall give priority to eligible entities that--
``(A) have had an energy assessment completed by an
industrial research and assessment center; and
``(B) propose to carry out a covered project with a greater
potential for--
``(i) energy efficiency gains; or
``(ii) greenhouse gas emissions reductions.
``(4) Grant amount.--
``(A) Maximum amount.--The amount of a grant provided to an
eligible entity under the Program shall not exceed $300,000.
``(B) Federal share.--A grant awarded under the Program for
a covered project shall be in an amount that is not more than
50 percent of the cost of the covered project.
``(C) Supplement.--A grant received by an eligible entity
under the Program shall supplement, not supplant, any private
or State funds available to the eligible entity to carry out
the covered project.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the period of fiscal years 2022
through 2026--
``(1) $150,000,000 to carry out subsections (a) through (h);
and
``(2) $400,000,000 to carry out subsection (i).''.
(c) Clerical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is
amended by adding at the end of the items relating to subtitle D of
title IV the following:
``Sec. 457. Industrial research and assessment centers.''.
SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the
end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy Efficiency and
Renewable Energy of the Department of Energy, the Secretary, on the
request of a manufacturer, shall carry out onsite technical assessments
to identify opportunities for--
``(1) maximizing the energy efficiency of industrial processes
and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary determines to
be appropriate.
``(b) Coordination.--To implement any recommendations resulting
from an onsite technical assessment carried out under subsection (a)
and to accelerate the adoption of new and existing technologies and
processes that improve energy efficiency, the Secretary shall
coordinate with--
``(1) the Advanced Manufacturing Office of the Department of
Energy;
``(2) the Building Technologies Office of the Department of
Energy;
``(3) the Federal Energy Management Program of the Department
of Energy; and
``(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As part of
the industrial efficiency programs of the Department of Energy, the
Secretary shall carry out a joint industry-government partnership
program to research, develop, and demonstrate new sustainable
manufacturing and industrial technologies and processes that maximize
the energy efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the
end of the items relating to part E of title III the following:
``376. Sustainable manufacturing initiative.''.
PART II--SMART MANUFACTURING
SEC. 40531. DEFINITIONS.
In this part:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards of
the American National Standards Institute that enables an
organization to follow a systematic approach in achieving continual
improvement of energy performance, including energy efficiency,
security, use, and consumption.
(2) Industrial research and assessment center.--The term
``industrial research and assessment center'' means a center
located at an institution of higher education, a trade school, a
community college, or a union training program that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and medium-
size manufacturer plant sites to evaluate the facilities,
services, and manufacturing operations of the plant site; and
(C) identifies opportunities for potential savings for
small- and medium-size manufacturer plant sites from energy
efficiency improvements, waste minimization, pollution
prevention, and productivity improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any electronic
system or equipment (including the content contained in the system
or equipment) used to create, convert, communicate, or duplicate
data or information, including computer hardware, firmware,
software, communication protocols, networks, and data interfaces.
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) North american industry classification system.--The term
``North American Industry Classification System'' means the
standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting, analyzing,
and publishing statistical data relating to the business economy of
the United States.
(6) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site; and
(D) with annual energy bills totaling more than $100,000
and less than $3,500,000.
(7) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation, monitoring,
computation, sensing, modeling, artificial intelligence, analytics,
and networking that--
(A) digitally--
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing
equipment;
(iii) monitor and communicate production line status;
and
(iv) manage and optimize energy productivity and cost
throughout production;
(B) model, simulate, and optimize the energy efficiency of
a factory building;
(C) monitor and optimize building energy performance;
(D) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of
digital prototyping and additive manufacturing to enhance
product design;
(E) connect manufactured products in networks to monitor
and optimize the performance of the networks, including
automated network operations; and
(F) digitally connect the supply chain network.
SEC. 40532. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND
MEDIUM MANUFACTURERS.
The Secretary shall expand the scope of technologies covered by the
industrial research and assessment centers of the Department--
(1) to include smart manufacturing technologies and practices;
and
(2) to equip the directors of the industrial research and
assessment centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to manufacturers.
SEC. 40533. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on how
the Department can increase access to existing high-performance
computing resources in the National Laboratories, particularly for
small and medium manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary shall--
(A) focus on increasing access to the computing facilities
of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer is protected;
and
(ii) the security of the National Laboratory facility
is maintained.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report
describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.
SEC. 40534. STATE MANUFACTURING LEADERSHIP.
(a) Financial Assistance Authorized.--The Secretary may provide
financial assistance on a competitive basis to States for the
establishment of programs to be used as models for supporting the
implementation of smart manufacturing technologies.
(b) Applications.--
(1) In general.--To be eligible to receive financial assistance
under this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Criteria.--The Secretary shall evaluate an application for
financial assistance under this section on the basis of merit using
criteria identified by the Secretary, including--
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) Requirements.--
(1) Term.--The term of an award of financial assistance under
this section shall not exceed 3 years.
(2) Maximum amount.--The amount of an award of financial
assistance under this section shall be not more than $2,000,000.
(3) Matching requirement.--Each State that receives financial
assistance under this section shall contribute matching funds in an
amount equal to not less than 30 percent of the amount of the
financial assistance.
(d) Use of Funds.--A State may use financial assistance provided
under this section--
(1) to facilitate access to high-performance computing
resources for small and medium manufacturers; and
(2) to provide assistance to small and medium manufacturers to
implement smart manufacturing technologies and practices.
(e) Evaluation.--The Secretary shall conduct semiannual evaluations
of each award of financial assistance under this section--
(1) to determine the impact and effectiveness of programs
funded with the financial assistance; and
(2) to provide guidance to States on ways to better execute the
program of the State.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
the period of fiscal years 2022 through 2026.
SEC. 40535. REPORT.
The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart
manufacturing in the United States.
Subtitle D--Schools and Nonprofits
SEC. 40541. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Alternative fueled vehicle.--The term ``alternative fueled
vehicle'' has the meaning given the term in section 301 of the
Energy Policy Act of 1992 (42 U.S.C. 13211).
(2) Alternative fueled vehicle infrastructure.--The term
``alternative fueled vehicle infrastructure'' means infrastructure
used to charge or fuel an alternative fueled vehicle.
(3) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) 1 local educational agency; and
(B) 1 or more--
(i) schools;
(ii) nonprofit organizations that have the knowledge
and capacity to partner and assist with energy
improvements;
(iii) for-profit organizations that have the knowledge
and capacity to partner and assist with energy
improvements; or
(iv) community partners that have the knowledge and
capacity to partner and assist with energy improvements.
(4) Energy improvement.--The term ``energy improvement''
means--
(A) any improvement, repair, or renovation to a school that
results in a direct reduction in school energy costs, including
improvements to the envelope, air conditioning system,
ventilation system, heating system, domestic hot water heating
system, compressed air system, distribution system, lighting
system, power system, and controls of a building;
(B) any improvement, repair, or renovation to, or
installation in, a school that--
(i) leads to an improvement in teacher and student
health, including indoor air quality; and
(ii) achieves energy savings;
(C) any improvement, repair, or renovation to a school
involving the installation of renewable energy technologies;
(D) the installation of alternative fueled vehicle
infrastructure on school grounds for--
(i) exclusive use of school buses, school fleets, or
students; or
(ii) the general public; and
(E) the purchase or lease of alternative fueled vehicles to
be used by a school, including school buses, fleet vehicles,
and other operational vehicles.
(5) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(7) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; or
(B) a mutual or cooperative electric company described in
section 501(c)(12) of such Code.
(8) Partnering local educational agency.--The term ``partnering
local educational agency'', with respect to an eligible entity,
means the local educational agency participating in the consortium
of the eligible entity.
(b) Grants.--The Secretary shall award competitive grants to
eligible entities to make energy improvements in accordance with this
section.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary
may require.
(2) Contents.--The application submitted under paragraph (1)
shall include each of the following:
(A) A needs assessment of the current condition of the
school and school facilities that would receive the energy
improvements if the application were approved.
(B) A draft work plan of the intended achievements of the
eligible entity at the school.
(C) A description of the energy improvements that the
eligible entity would carry out at the school if the
application were approved.
(D) A description of the capacity of the eligible entity to
provide services and comprehensive support to make the energy
improvements referred to in subparagraph (C).
(E) An assessment of the expected needs of the eligible
entity for operation and maintenance training funds, and a plan
for use of those funds, if applicable.
(F) An assessment of the expected energy efficiency, energy
savings, and safety benefits of the energy improvements.
(G) A cost estimate of the proposed energy improvements.
(H) An identification of other resources that are available
to carry out the activities for which grant funds are requested
under this section, including the availability of utility
programs and public benefit funds.
(d) Priority.--
(1) In general.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
(A) that has renovation, repair, and improvement funding
needs;
(B)(i) that, as determined by the Secretary, serves a high
percentage of students, including students in a high school in
accordance with paragraph (2), who are eligible for a free or
reduced price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.); or
(ii) the partnering local educational agency of which is
designated with a school district locale code of 41, 42, or 43,
as determined by the National Center for Education Statistics
in consultation with the Bureau of the Census; and
(C) that leverages private sector investment through
energy-related performance contracting.
(2) High school students.--In the case of students in a high
school, the percentage of students eligible for a free or reduced
price lunch described in paragraph (1)(B)(i) shall be calculated
using data from the schools that feed into the high school.
(e) Competitive Criteria.--The competitive criteria used by the
Secretary to award grants under this section shall include the
following:
(1) The extent of the disparity between the fiscal capacity of
the eligible entity to carry out energy improvements at school
facilities and the needs of the partnering local educational agency
for those energy improvements, including consideration of--
(A) the current and historic ability of the partnering
local educational agency to raise funds for construction,
renovation, modernization, and major repair projects for
schools;
(B) the ability of the partnering local educational agency
to issue bonds or receive other funds to support the current
infrastructure needs of the partnering local educational agency
for schools; and
(C) the bond rating of the partnering local educational
agency.
(2) The likelihood that the partnering local educational agency
or eligible entity will maintain, in good condition, any school and
school facility that is the subject of improvements.
(3) The potential energy efficiency and safety benefits from
the proposed energy improvements.
(f) Use of Grant Amounts.--
(1) In general.--Except as provided in this subsection, an
eligible entity receiving a grant under this section shall use the
grant amounts only to make the energy improvements described in the
application submitted by the eligible entity under subsection (c).
(2) Operation and maintenance training.--An eligible entity
receiving a grant under this section may use not more than 5
percent of the grant amounts for operation and maintenance training
for energy efficiency and renewable energy improvements, such as
maintenance staff and teacher training, education, and preventative
maintenance training.
(3) Third-party investigation and analysis.--An eligible entity
receiving a grant under this section may use a portion of the grant
amounts for a third-party investigation and analysis of the energy
improvements carried out by the eligible entity, such as energy
audits and existing building commissioning.
(4) Continuing education.--An eligible entity receiving a grant
under this section may use not more than 3 percent of the grant
amounts to develop a continuing education curriculum relating to
energy improvements.
(g) Competition in Contracting.--If an eligible entity receiving a
grant under this section uses grant funds to carry out repair or
renovation through a contract, the eligible entity shall be required to
ensure that the contract process--
(1) through full and open competition, ensures the maximum
practicable number of qualified bidders, including small, minority,
and women-owned businesses; and
(2) gives priority to businesses located in, or resources
common to, the State or geographical area in which the repair or
renovation under the contract will be carried out.
(h) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(i) Report by Eligible Entity.--An eligible entity receiving a
grant under this section shall submit to the Secretary, at such time as
the Secretary may require, a report describing--
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy
improvements;
(3) the results of any third-party investigation and analysis
conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit funds;
and
(5) the use of performance tracking for energy improvements,
such as--
(A) the Energy Star program established under section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or
(B) the United States Green Building Council Leadership in
Energy and Environmental Design (LEED) green building rating
system for existing buildings.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
SEC. 40542. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency material.--
(A) In general.--The term ``energy-efficiency material''
means a material (including a product, equipment, or system)
the installation of which results in a reduction in use by a
nonprofit organization of energy or fuel.
(B) Inclusions.--The term ``energy-efficiency material''
includes--
(i) a roof or lighting system or component of the
system;
(ii) a window;
(iii) a door, including a security door; and
(iv) a heating, ventilation, or air conditioning system
or component of the system (including insulation and wiring
and plumbing improvements needed to serve a more efficient
system).
(3) Nonprofit building.--The term ``nonprofit building'' means
a building operated and owned by an organization that is described
in section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
award grants for the purpose of providing nonprofit buildings with
energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
paragraph (1) if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under paragraph (1), the Secretary shall apply performance-
based criteria, which shall give priority to applicants based on--
(A) the energy savings achieved;
(B) the cost effectiveness of the use of energy-efficiency
materials;
(C) an effective plan for evaluation, measurement, and
verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant awarded
under this section shall not exceed $200,000.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
the period of fiscal years 2022 through 2026, to remain available until
expended.
Subtitle E--Miscellaneous
SEC. 40551. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for 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.) $3,500,000,000 for fiscal year
2022, to remain available until expended.
(b) Application of Wage Rate Requirements to Weatherization
Assistance Program.--With respect to work performed under 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.)
on a project assisted in whole or in part by funding made available
under subsection (a), the requirements of section 41101 shall apply
only to work performed on multifamily buildings with not fewer than 5
units.
SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Use of Funds.--Section 544 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154) is amended--
(1) in paragraph (13)(D), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (14) as paragraph (15); and
(3) by inserting after paragraph (13) the following:
``(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated
infrastructure), capital investments, projects, and programs, which
may include loan programs and performance contracting programs, for
leveraging of additional public and private sector funds, and
programs that allow rebates, grants, or other incentives for the
purchase and installation of energy efficiency, renewable energy,
and zero-emission transportation (and associated infrastructure)
measures; and''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the Energy Efficiency and
Conservation Block Grant Program established under section 542(a) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a))
$550,000,000 for fiscal year 2022, to remain available until expended.
SEC. 40553. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS
IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE SECTORS OF THE
UNITED STATES.
(a) Energy Jobs Council.--
(1) Establishment.--The Secretary shall establish a council, to
be known as the ``Energy Jobs Council'' (referred to in this
section as the ``Council'').
(2) Membership.--The Council shall be comprised of--
(A) to be appointed by the Secretary--
(i) 1 or more representatives of the Energy Information
Administration; and
(ii) 1 or more representatives of a State energy office
that are serving as members of the State Energy Advisory
Board established by section 365(g) of the Energy Policy
and Conservation Act (42 U.S.C. 6325(g));
(B) to be appointed by the Secretary of Commerce--
(i) 1 or more representatives of the Department of
Commerce; and
(ii) 1 or more representatives of the Bureau of the
Census;
(C) 1 or more representatives of the Bureau of Labor
Statistics, to be appointed by the Secretary of Labor; and
(D) 1 or more representatives of any other Federal agency
the assistance of which is required to carry out this section,
as determined by the Secretary, to be appointed by the head of
the applicable agency.
(b) Survey and Analysis.--
(1) In general.--The Council shall--
(A) conduct a survey of employers in the energy, energy
efficiency, and motor vehicle sectors of the economy of the
United States; and
(B) perform an analysis of the employment figures and
demographics in those sectors, including the number of
personnel in each sector who devote a substantial portion of
working hours, as determined by the Secretary, to regulatory
compliance matters.
(2) Methodology.--In conducting the survey and analysis under
paragraph (1), the Council shall employ a methodology that--
(A) was approved in 2016 by the Office of Management and
Budget for use in the document entitled ``OMB Control Number
1910-5179'';
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of responses
from businesses in each State and with the same North American
Industry Classification System codes as were received for the
2016 and 2017 reports entitled ``U.S. Energy and Employment
Report''.
(3) Consultation.--In conducting the survey and analysis under
paragraph (1), the Council shall consult with key stakeholders,
including--
(A) as the Council determines to be appropriate, the heads
of relevant Federal agencies and offices, including--
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the Census;
(iv) the Commissioner of the Bureau of Labor
Statistics; and
(v) the Administrator of the Environmental Protection
Agency;
(B) States;
(C) the State Energy Advisory Board established by section
365(g) of the Energy Policy and Conservation Act (42 U.S.C.
6325(g)); and
(D) energy industry trade associations.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) make publicly available on the website of the
Department a report, to be entitled the ``U.S. Energy and
Employment Report'', describing the employment figures and
demographics in the energy, energy efficiency, and motor
vehicle sectors of the United States, and the average number of
hours devoted to regulatory compliance, based on the survey and
analysis conducted under subsection (b); and
(B) subject to the requirements of subchapter III of
chapter 35 of title 44, United States Code, make the data
collected by the Council publicly available on the website of
the Department.
(2) Contents.--
(A) In general.--The report under paragraph (1) shall
include employment figures and demographic data for--
(i) the energy sector of the economy of the United
States, including--
(I) the electric power generation and fuels sector;
and
(II) the transmission, storage, and distribution
sector;
(ii) the energy efficiency sector of the economy of the
United States; and
(iii) the motor vehicle sector of the economy of the
United States.
(B) Inclusion.--With respect to each sector described in
subparagraph (A), the report under paragraph (1) shall include
employment figures and demographic data sorted by--
(i) each technology, subtechnology, and fuel type of
those sectors; and
(ii) subject to the requirements of the Confidential
Information Protection and Statistical Efficiency Act of
2002 (44 U.S.C. 3501 note; Public Law 107-347)--
(I) each State;
(II) each territory of the United States;
(III) the District of Columbia; and
(IV) each county (or equivalent jurisdiction) in
the United States.
SEC. 40554. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION
TECHNOLOGIES GRANT PROGRAM.
There is authorized to be appropriated to the Secretary to provide
grants authorized under section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal
year 2022, to remain available until expended.
SEC. 40555. REBATES.
There are authorized to be appropriated to the Secretary for the
period of fiscal years 2022 and 2023--
(1) $10,000,000 for the extended product system rebate program
authorized under section 1005 of the Energy Act of 2020 (42 U.S.C.
6311 note; Public Law 116-260); and
(2) $10,000,000 for the energy efficient transformer rebate
program authorized under section 1006 of the Energy Act of 2020 (42
U.S.C. 6317 note; Public Law 116-260).
SEC. 40556. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND
WASTE HEAT TO POWER SYSTEMS.
(a) Definitions.--In this section:
(1) Additional services.--The term ``additional services''
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an electric
consumer by an electric utility.
(2) Waste heat to power system.--The term ``waste heat to power
system'' means a system that generates electricity through the
recovery of waste energy.
(3) Other terms.--
(A) Purpa.--The terms ``electric consumer'', ``electric
utility'', ``interconnection service'', ``nonregulated electric
utility'', and ``State regulatory authority'' have the meanings
given those terms in the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I
of that Act (16 U.S.C. 2611 et seq.).
(B) Epca.--The terms ``combined heat and power system'' and
``waste energy'' have the meanings given those terms in section
371 of the Energy Policy and Conservation Act (42 U.S.C. 6341).
(b) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission and other appropriate
entities, shall review existing rules and procedures relating to
interconnection service and additional services throughout the
United States for electric generation with nameplate capacity up to
150 megawatts connecting at either distribution or transmission
voltage levels to identify barriers to the deployment of combined
heat and power systems and waste heat to power systems.
(2) Inclusion.--The review under this subsection shall include
a review of existing rules and procedures relating to--
(A) determining and assigning costs of interconnection
service and additional services; and
(B) ensuring adequate cost recovery by an electric utility
for interconnection service and additional services.
(c) Model Guidance.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission and other appropriate
entities, shall issue model guidance for interconnection service
and additional services for consideration by State regulatory
authorities and nonregulated electric utilities to reduce the
barriers identified under subsection (b)(1).
(2) Current best practices.--The model guidance issued under
this subsection shall reflect, to the maximum extent practicable,
current best practices to encourage the deployment of combined heat
and power systems and waste heat to power systems while ensuring
the safety and reliability of the interconnected units and the
distribution and transmission networks to which the units connect,
including--
(A) relevant current standards developed by the Institute
of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by--
(i) States; or
(ii) associations of State regulatory agencies.
(3) Factors for consideration.--In establishing the model
guidance under this subsection, the Secretary shall take into
consideration--
(A) the appropriateness of using standards or procedures
for interconnection service that vary based on unit size, fuel
type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track
procedures for interconnection service;
(C) the value of consistency with Federal interconnection
rules established by the Federal Energy Regulatory Commission
as of the date of enactment of this Act;
(D) the best practices used to model outage assumptions and
contingencies to determine fees or rates for additional
services;
(E) the appropriate duration, magnitude, or usage of demand
charge ratchets;
(F) potential alternative arrangements with respect to the
procurement of additional services, including--
(i) contracts tailored to individual electric consumers
for additional services;
(ii) procurement of additional services by an electric
utility from a competitive market; and
(iii) waivers of fees or rates for additional services
for small electric consumers; and
(G) outcomes such as increased electric reliability, fuel
diversification, enhanced power quality, and reduced electric
losses that may result from increased use of combined heat and
power systems and waste heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is
amended to read as follows:
``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND
RESTORATION.
``(a) Definitions.--In this section:
``(1) Federal land.--The term `Federal land' means land
administered by a land management agency within--
``(A) the Department of Agriculture; or
``(B) the Department of the Interior.
``(2) Idled well.--The term `idled well' means a well--
``(A) that has been nonoperational for not fewer than 4
years; and
``(B) for which there is no anticipated beneficial future
use.
``(3) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) Operator.--The term `operator', with respect to an oil or
gas operation, means any entity, including a lessee or operating
rights owner, that has provided to a relevant authority a written
statement that the entity is responsible for the oil or gas
operation, or any portion of the operation.
``(5) Orphaned well.--The term `orphaned well'--
``(A) with respect to Federal land or Tribal land, means a
well--
``(i)(I) that is not used for an authorized purpose,
such as production, injection, or monitoring; and
``(II)(aa) for which no operator can be located;
``(bb) the operator of which is unable--
``(AA) to plug the well; and
``(BB) to remediate and reclaim the well site; or
``(cc) that is within the National Petroleum Reserve-
Alaska; and
``(B) with respect to State or private land--
``(i) has the meaning given the term by the applicable
State; or
``(ii) if that State uses different terminology, has
the meaning given another term used by the State to
describe a well eligible for plugging, remediation, and
reclamation by the State.
``(6) Tribal land.--The term `Tribal land' means any land or
interest in land owned by an Indian Tribe, the title to which is--
``(A) held in trust by the United States; or
``(B) subject to a restriction against alienation under
Federal law.
``(b) Federal Program.--
``(1) Establishment.--Not later than 60 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the
Secretary shall establish a program to plug, remediate, and reclaim
orphaned wells located on Federal land.
``(2) Included activities.--The program under this subsection
shall--
``(A) include a method of--
``(i) identifying, characterizing, and inventorying
orphaned wells and associated pipelines, facilities, and
infrastructure on Federal land; and
``(ii) ranking those orphaned wells for priority in
plugging, remediation, and reclamation, based on--
``(I) public health and safety;
``(II) potential environmental harm; and
``(III) other subsurface impacts or land use
priorities;
``(B) distribute funding in accordance with the priorities
established under subparagraph (A)(ii) for--
``(i) plugging orphaned wells;
``(ii) remediating and reclaiming well pads and
facilities associated with orphaned wells;
``(iii) remediating soil and restoring native species
habitat that has been degraded due to the presence of
orphaned wells and associated pipelines, facilities, and
infrastructure; and
``(iv) remediating land adjacent to orphaned wells and
decommissioning or removing associated pipelines,
facilities, and infrastructure;
``(C) provide a public accounting of the costs of plugging,
remediation, and reclamation for each orphaned well;
``(D) seek to determine the identities of potentially
responsible parties associated with the orphaned well (or a
surety or guarantor of such a party), to the extent such
information can be ascertained, and make efforts to obtain
reimbursement for expenditures to the extent practicable;
``(E) measure or estimate and track--
``(i) emissions of methane and other gases associated
with orphaned wells; and
``(ii) contamination of groundwater or surface water
associated with orphaned wells; and
``(F) identify and address any disproportionate burden of
adverse human health or environmental effects of orphaned wells
on communities of color, low-income communities, and Tribal and
indigenous communities.
``(3) Idled wells.--The Secretary, acting through the Director
of the Bureau of Land Management, shall--
``(A) periodically review all idled wells on Federal land;
and
``(B) reduce the inventory of idled wells on Federal land.
``(4) Cooperation and consultation.--In carrying out the
program under this subsection, the Secretary shall--
``(A) work cooperatively with--
``(i) the Secretary of Agriculture;
``(ii) affected Indian Tribes; and
``(iii) each State within which Federal land is
located; and
``(B) consult with--
``(i) the Secretary of Energy; and
``(ii) the Interstate Oil and Gas Compact Commission.
``(c) Funding for State Programs.--
``(1) In general.--The Secretary shall provide to States, in
accordance with this subsection--
``(A) initial grants under paragraph (3);
``(B) formula grants under paragraph (4); and
``(C) performance grants under paragraph (5).
``(2) Activities.--
``(A) In general.--A State may use funding provided under
this subsection for any of the following purposes:
``(i) To plug, remediate, and reclaim orphaned wells
located on State-owned or privately owned land.
``(ii) To identify and characterize undocumented
orphaned wells on State and private land.
``(iii) To rank orphaned wells based on factors
including--
``(I) public health and safety;
``(II) potential environmental harm; and
``(III) other land use priorities.
``(iv) To make information regarding the use of funds
received under this subsection available on a public
website.
``(v) To measure and track--
``(I) emissions of methane and other gases
associated with orphaned wells; and
``(II) contamination of groundwater or surface
water associated with orphaned wells.
``(vi) To remediate soil and restore native species
habitat that has been degraded due to the presence of
orphaned wells and associated pipelines, facilities, and
infrastructure.
``(vii) To remediate land adjacent to orphaned wells
and decommission or remove associated pipelines,
facilities, and infrastructure.
``(viii) To identify and address any disproportionate
burden of adverse human health or environmental effects of
orphaned wells on communities of color, low-income
communities, and Tribal and indigenous communities.
``(ix) Subject to subparagraph (B), to administer a
program to carry out any activities described in clauses
(i) through (viii).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in clause (ii), a
State shall not use more than 10 percent of the funds
received under this subsection during a fiscal year for
administrative costs under subparagraph (A)(ix).
``(ii) Exception.--The limitation under clause (i)
shall not apply to funds used by a State as described in
paragraph (3)(A)(ii).
``(3) Initial grants.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall distribute--
``(i) not more than $25,000,000 to each State that
submits to the Secretary, by not later than 180 days after
the date of enactment of the Infrastructure Investment and
Jobs Act, a request for funding under this clause,
including--
``(I) an estimate of the number of jobs that will
be created or saved through the activities proposed to
be funded; and
``(II) a certification that--
``(aa) the State is a Member State or Associate
Member State of the Interstate Oil and Gas Compact
Commission;
``(bb) there are 1 or more documented orphaned
wells located in the State; and
``(cc) the State will use not less than 90
percent of the funding requested under this
subsection to issue new contracts, amend existing
contracts, or issue grants for plugging,
remediation, and reclamation work by not later than
90 days after the date of receipt of the funds; and
``(ii) not more than $5,000,000 to each State that--
``(I) requests funding under this clause;
``(II) does not receive a grant under clause (i);
and
``(III) certifies to the Secretary that--
``(aa) the State--
``(AA) has in effect a plugging,
remediation, and reclamation program for
orphaned wells; or
``(BB) the capacity to initiate such a
program; or
``(bb) the funds provided under this paragraph
will be used to carry out any administrative
actions necessary to develop an application for a
formula grant under paragraph (4) or a performance
grant under paragraph (5).
``(B) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to a State
under this paragraph by not later than the date that is 30 days
after the date on which the State submits to the Secretary the
certification required under clause (i)(II) or (ii)(III) of
subparagraph (A), as applicable.
``(C) Deadline for expenditure.--A State that receives
funds under this paragraph shall reimburse the Secretary in an
amount equal to the amount of the funds that remain unobligated
on the date that is 1 year after the date of receipt of the
funds.
``(D) Report.--Not later than 15 months after the date on
which a State receives funds under this paragraph, the State
shall submit to the Secretary a report that describes the means
by which the State used the funds in accordance with the
certification submitted by the State under subparagraph (A).
``(4) Formula grants.--
``(A) Establishment.--
``(i) In general.--The Secretary shall establish a
formula for the distribution to each State described in
clause (ii) of funds under this paragraph.
``(ii) Description of states.--A State referred to in
clause (i) is a State that, by not later than 45 days after
the date of enactment of the Infrastructure Investment and
Jobs Act, submits to the Secretary a notice of the intent
of the State to submit an application under subparagraph
(B), including a description of the factors described in
clause (iii) with respect to the State.
``(iii) Factors.--The formula established under clause
(i) shall account for, with respect to an applicant State,
the following factors:
``(I) Job losses in the oil and gas industry in the
State during the period--
``(aa) beginning on March 1, 2020; and
``(bb) ending on the date of enactment of the
Infrastructure Investment and Jobs Act.
``(II) The number of documented orphaned wells
located in the State, and the projected cost--
``(aa) to plug or reclaim those orphaned wells;
``(bb) to reclaim adjacent land; and
``(cc) to decommission or remove associated
pipelines, facilities, and infrastructure.
``(iv) Publication.--Not later than 75 days after the
date of enactment of the Infrastructure Investment and Jobs
Act, the Secretary shall publish on a public website the
amount that each State is eligible to receive under the
formula under this subparagraph.
``(B) Application.--To be eligible to receive a formula
grant under this paragraph, a State shall submit to the
Secretary an application that includes--
``(i) a description of--
``(I) the State program for orphaned well plugging,
remediation, and restoration, including legal
authorities, processes used to identify and prioritize
orphaned wells, procurement mechanisms, and other
program elements demonstrating the readiness of the
State to carry out proposed activities using the grant;
``(II) the activities to be carried out with the
grant, including an identification of the estimated
health, safety, habitat, and environmental benefits of
plugging, remediating, or reclaiming orphaned wells;
and
``(III) the means by which the information
regarding the activities of the State under this
paragraph will be made available on a public website;
``(ii) an estimate of--
``(I) the number of orphaned wells in the State
that will be plugged, remediated, or reclaimed;
``(II) the projected cost of--
``(aa) plugging, remediating, or reclaiming
orphaned wells;
``(bb) remediating or reclaiming adjacent land;
and
``(cc) decommissioning or removing associated
pipelines, facilities, and infrastructure;
``(III) the amount of that projected cost that will
be offset by the forfeiture of financial assurance
instruments, the estimated salvage of well site
equipment, or other proceeds from the orphaned wells
and adjacent land;
``(IV) the number of jobs that will be created or
saved through the activities to be funded under this
paragraph; and
``(V) the amount of funds to be spent on
administrative costs;
``(iii) a certification that any financial assurance
instruments available to cover plugging, remediation, or
reclamation costs will be used by the State; and
``(iv) the definitions and processes used by the State
to formally identify a well as--
``(I) an orphaned well; or
``(II) if the State uses different terminology,
otherwise eligible for plugging, remediation, and
reclamation by the State.
``(C) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to a State
under this paragraph by not later than the date that is 60 days
after the date on which the State submits to the Secretary a
completed application under subparagraph (B).
``(D) Deadline for expenditure.--A State that receives
funds under this paragraph shall reimburse the Secretary in an
amount equal to the amount of the funds that remain unobligated
on the date that is 5 years after the date of receipt of the
funds.
``(E) Consultation.--In making a determination under this
paragraph regarding the eligibility of a State to receive a
formula grant, the Secretary shall consult with--
``(i) the Administrator of the Environmental Protection
Agency;
``(ii) the Secretary of Energy; and
``(iii) the Interstate Oil and Gas Compact Commission.
``(5) Performance grants.--
``(A) Establishment.--The Secretary shall provide to
States, in accordance with this paragraph--
``(i) regulatory improvement grants under subparagraph
(E); and
``(ii) matching grants under subparagraph (F).
``(B) Application.--To be eligible to receive a grant under
this paragraph, a State shall submit to the Secretary an
application including--
``(i) each element described in an application for a
grant under paragraph (4)(B);
``(ii) activities carried out by the State to address
orphaned wells located in the State, including--
``(I) increasing State spending on well plugging,
remediation, and reclamation; or
``(II) improving regulation of oil and gas wells;
and
``(iii) the means by which the State will use funds
provided under this paragraph--
``(I) to lower unemployment in the State; and
``(II) to improve economic conditions in
economically distressed areas of the State.
``(C) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to a State
under this paragraph by not later than the date that is 60 days
after the date on which the State submits to the Secretary a
completed application under subparagraph (B).
``(D) Consultation.--In making a determination under this
paragraph regarding the eligibility of a State to receive a
grant under subparagraph (E) or (F), the Secretary shall
consult with--
``(i) the Administrator of the Environmental Protection
Agency;
``(ii) the Secretary of Energy; and
``(iii) the Interstate Oil and Gas Compact Commission.
``(E) Regulatory improvement grants.--
``(i) In general.--Beginning on the date that is 180
days after the date on which an initial grant is provided
to a State under paragraph (3), the Secretary shall,
subject to the availability of appropriations, provide to
the State a regulatory improvement grant under this
subparagraph, if the State meets, during the 10-year period
ending on the date on which the State submits to the
Secretary an application under subparagraph (B), 1 of the
following criteria:
``(I) The State has strengthened plugging standards
and procedures designed to ensure that wells located in
the State are plugged in an effective manner that
protects groundwater and other natural resources,
public health and safety, and the environment.
``(II) The State has made improvements to State
programs designed to reduce future orphaned well
burdens, such as financial assurance reform,
alternative funding mechanisms for orphaned well
programs, and reforms to programs relating to well
transfer or temporary abandonment.
``(ii) Limitations.--
``(I) Number.--The Secretary may issue to a State
under this subparagraph not more than 1 grant for each
criterion described in subclause (I) or (II) of clause
(i).
``(II) Maximum amount.--The amount of a single
grant provided to a State under this subparagraph shall
be not more than $20,000,000.
``(iii) Reimbursement for failure to maintain
protections.--A State that receives a grant under this
subparagraph shall reimburse the Secretary in an amount
equal to the amount of the grant in any case in which,
during the 10-year period beginning on the date of receipt
of the grant, the State enacts a law or regulation that, if
in effect on the date of submission of the application
under subparagraph (B), would have prevented the State from
being eligible to receive the grant under clause (i).
``(F) Matching grants.--
``(i) In general.--Beginning on the date that is 180
days after the date on which an initial grant is provided
to a State under paragraph (3), the Secretary shall,
subject to the availability of appropriations, provide to
the State funding, in an amount equal to the difference
between--
``(I) the average annual amount expended by the
State during the period of fiscal years 2010 through
2019--
``(aa) to plug, remediate, and reclaim orphaned
wells; and
``(bb) to decommission or remove associated
pipelines, facilities, or infrastructure; and
``(II) the amount that the State certifies to the
Secretary the State will expend, during the fiscal year
in which the State will receive the grant under this
subparagraph--
``(aa) to plug, remediate, and reclaim orphaned
wells;
``(bb) to remediate or reclaim adjacent land;
and
``(cc) to decommission or remove associated
pipelines, facilities, and infrastructure.
``(ii) Limitations.--
``(I) Fiscal year.--The Secretary may issue to a
State under this subparagraph not more than 1 grant for
each fiscal year.
``(II) Total funds provided.--The Secretary may
provide to a State under this subparagraph a total
amount equal to not more than $30,000,000 during the
period of fiscal years 2022 through 2031.
``(d) Tribal Orphaned Well Site Plugging, Remediation, and
Restoration.--
``(1) Establishment.--The Secretary shall establish a program
under which the Secretary shall--
``(A) provide to Indian Tribes grants in accordance with
this subsection; or
``(B) on request of an Indian Tribe and in lieu of a grant
under subparagraph (A), administer and carry out plugging,
remediation, and reclamation activities in accordance with
paragraph (7).
``(2) Eligible activities.--
``(A) In general.--An Indian Tribe may use a grant received
under this subsection--
``(i) to plug, remediate, or reclaim an orphaned well
on Tribal land;
``(ii) to remediate soil and restore native species
habitat that has been degraded due to the presence of an
orphaned well or associated pipelines, facilities, or
infrastructure on Tribal land;
``(iii) to remediate Tribal land adjacent to orphaned
wells and decommission or remove associated pipelines,
facilities, and infrastructure;
``(iv) to provide an online public accounting of the
cost of plugging, remediation, and reclamation for each
orphaned well site on Tribal land;
``(v) to identify and characterize undocumented
orphaned wells on Tribal land; and
``(vi) to develop or administer a Tribal program to
carry out any activities described in clauses (i) through
(v).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in clause (ii),
an Indian Tribe shall not use more than 10 percent of the
funds received under this subsection during a fiscal year
for administrative costs under subparagraph (A)(vi).
``(ii) Exception.--The limitation under clause (i)
shall not apply to any funds used to carry out an
administrative action necessary for the development of a
Tribal program described in subparagraph (A)(vi).
``(3) Factors for consideration.--In determining whether to
provide to an Indian Tribe a grant under this subsection, the
Secretary shall take into consideration--
``(A) the unemployment rate of the Indian Tribe on the date
on which the Indian Tribe submits an application under
paragraph (4); and
``(B) the estimated number of orphaned wells on the Tribal
land of the Indian Tribe.
``(4) Application.--To be eligible to receive a grant under
this subsection, an Indian Tribe shall submit to the Secretary an
application that includes--
``(A) a description of--
``(i) the Tribal program for orphaned well plugging,
remediation, and restoration, including legal authorities,
processes used to identify and prioritize orphaned wells,
procurement mechanisms, and other program elements
demonstrating the readiness of the Indian Tribe to carry
out the proposed activities, or plans to develop such a
program; and
``(ii) the activities to be carried out with the grant,
including an identification of the estimated health,
safety, habitat, and environmental benefits of plugging,
remediating, or reclaiming orphaned wells and remediating
or reclaiming adjacent land; and
``(B) an estimate of--
``(i) the number of orphaned wells that will be
plugged, remediated, or reclaimed; and
``(ii) the projected cost of--
``(I) plugging, remediating, or reclaiming orphaned
wells;
``(II) remediating or reclaiming adjacent land; and
``(III) decommissioning or removing associated
pipelines, facilities, and infrastructure.
``(5) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to an Indian
Tribe under this subsection by not later than the date that is 60
days after the date on which the Indian Tribe submits to the
Secretary a completed application under paragraph (4).
``(6) Deadline for expenditure.--An Indian Tribe that receives
funds under this subsection shall reimburse the Secretary in an
amount equal to the amount of the funds that remain unobligated on
the date that is 5 years after the date of receipt of the funds,
except for cases in which the Secretary has granted the Indian
Tribe an extended deadline for completion of the eligible
activities after consultation.
``(7) Delegation to secretary in lieu of a grant.--
``(A) In general.--In lieu of a grant under this
subsection, an Indian Tribe may submit to the Secretary a
request for the Secretary to administer and carry out plugging,
remediation, and reclamation activities relating to an orphaned
well on behalf of the Indian Tribe.
``(B) Administration.--Subject to the availability of
appropriations under subsection (h)(1)(E), on submission of a
request under subparagraph (A), the Secretary shall administer
or carry out plugging, remediation, and reclamation activities
for an orphaned well on Tribal land.
``(e) Technical Assistance.--The Secretary of Energy, in
cooperation with the Secretary and the Interstate Oil and Gas Compact
Commission, shall provide technical assistance to the Federal land
management agencies and oil and gas producing States and Indian Tribes
to support practical and economical remedies for environmental problems
caused by orphaned wells on Federal land, Tribal land, and State and
private land, including the sharing of best practices in the management
of oil and gas well inventories to ensure the availability of funds to
plug, remediate, and restore oil and gas well sites on cessation of
operation.
``(f) Report to Congress.--Not later than 1 year after the date of
enactment of the Infrastructure Investment and Jobs Act, and not less
frequently than annually thereafter, the Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and the Committees on Appropriations and Natural Resources of
the House of Representatives a report describing the program
established and grants awarded under this section, including--
``(1) an updated inventory of wells located on Federal land,
Tribal land, and State and private land that are--
``(A) orphaned wells; or
``(B) at risk of becoming orphaned wells;
``(2) an estimate of the quantities of--
``(A) methane and other gasses emitted from orphaned wells;
and
``(B) emissions reduced as a result of plugging,
remediating, and reclaiming orphaned wells;
``(3) the number of jobs created and saved through the
plugging, remediation, and reclamation of orphaned wells; and
``(4) the acreage of habitat restored using grants awarded to
plug, remediate, and reclaim orphaned wells and to remediate or
reclaim adjacent land, together with a description of the purposes
for which that land is likely to be used in the future.
``(g) Effect of Section.--
``(1) No expansion of liability.--Nothing in this section
establishes or expands the responsibility or liability of any
entity with respect to--
``(A) plugging any well; or
``(B) remediating or reclaiming any well site.
``(2) Tribal land.--Nothing in this section--
``(A) relieves the Secretary of any obligation under
section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 Stat.
348, chapter 198), to plug, remediate, or reclaim an orphaned
well located on Tribal land; or
``(B) absolves the United States from a responsibility to
plug, remediate, or reclaim an orphaned well located on Tribal
land or any other responsibility to an Indian Tribe, including
any responsibility that derives from--
``(i) the trust relationship between the United States
and Indian Tribes;
``(ii) any treaty, law, or Executive order; or
``(iii) any agreement between the United States and an
Indian Tribe.
``(3) Owner or operator not absolved.--Nothing in this section
absolves the owner or operator of an oil or gas well of any
potential liability for--
``(A) reimbursement of any plugging or reclamation costs
associated with the well; or
``(B) any adverse effect of the well on the environment.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2022, to remain available until September
30, 2030:
``(1) to the Secretary--
``(A) $250,000,000 to carry out the program under
subsection (b);
``(B) $775,000,000 to provide grants under subsection
(c)(3);
``(C) $2,000,000,000 to provide grants under subsection
(c)(4);
``(D) $1,500,000,000 to provide grants under subsection
(c)(5); and
``(E) $150,000,000 to carry out the program under
subsection (d);
``(2) to the Secretary of Energy, $30,000,000 to conduct
research and development activities in cooperation with the
Interstate Oil and Gas Compact Commission to assist the Federal
land management agencies, States, and Indian Tribes in--
``(A) identifying and characterizing undocumented orphaned
wells; and
``(B) mitigating the environmental risks of undocumented
orphaned wells; and
``(3) to the Interstate Oil and Gas Compact Commission,
$2,000,000 to carry out this section.''.
TITLE VII--ABANDONED MINE LAND RECLAMATION
SEC. 40701. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated, for
deposit into the Abandoned Mine Reclamation Fund established by section
401(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain
available until expended.
(b) Use of Funds.--
(1) In general.--Subject to subsection (g), amounts made
available under subsection (a) shall be used to provide, as
expeditiously as practicable, to States and Indian Tribes described
in paragraph (2) annual grants for abandoned mine land and water
reclamation projects under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
(2) Eligible grant recipients.--Grants may be made under
paragraph (1) to--
(A) States and Indian Tribes that have a State or Tribal
program approved under section 405 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1235);
(B) States and Indian Tribes that are certified under
section 411(a) of that Act (30 U.S.C. 1240a(a)); and
(C) States and Indian Tribes that are referred to in
section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)).
(3) Contract aggregation.--In applying for grants under
paragraph (1), States and Indian Tribes may aggregate bids into
larger statewide or regional contracts.
(c) Covered Activities.--Grants under subsection (b)(1) shall only
be used for activities described in subsections (a) and (b) of section
403 and section 410 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1233, 1240).
(d) Allocation.--
(1) In general.--Subject to subsection (e), the Secretary of
the Interior shall allocate and distribute amounts made available
for grants under subsection (b)(1) to States and Indian Tribes on
an equal annual basis over a 15-year period beginning on the date
of enactment of this Act, based on the number of tons of coal
historically produced in the States or from the applicable Indian
land before August 3, 1977, regardless of whether the State or
Indian Tribe is certified under section 411(a) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
(2) Surface mining control and reclamation act exception.--
Section 401(f)(3)(B) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant
funds distributed under subsection (b)(1).
(3) Report to congress on allocations.--
(A) In general.--Not later than 6 years after the date on
which the first allocation to States and Indian Tribes is made
under paragraph (1), the Secretary of the Interior shall submit
to Congress a report that describes any progress made under
this section in addressing outstanding reclamation needs under
subsection (a) or (b) of section 403 or section 410 of the
Surface Mining Control and Reclamation and Act of 1977 (30
U.S.C. 1233, 1240).
(B) Input.--The Secretary of the Interior shall--
(i) prior to submitting the report under subparagraph
(A), solicit the input of the States and Indian Tribes
regarding the progress referred to in that subparagraph;
and
(ii) include in the report submitted to Congress under
that subparagraph a description of any input received under
clause (i).
(4) Redistribution of funds.--
(A) Evaluation.--Not later than 20 years after the date of
enactment of this Act, the Secretary of the Interior shall
evaluate grant payments to States and Indian Tribes made under
this section.
(B) Unused funds.--On completion of the evaluation under
subparagraph (A), States and Indian Tribes shall return any
unused funds under this section to the Abandoned Mine
Reclamation Fund.
(e) Total Amount of Grant.--The total amount of grant funding
provided under subsection (b)(1) to an eligible State or Indian Tribe
shall be not less than $20,000,000, to the extent that the amount
needed for reclamation projects described in that subsection on the
land of the State or Indian Tribe is not less than $20,000,000.
(f) Priority.--In addition to the priorities described in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)), in providing grants under this section, priority may
also be given to reclamation projects described in subsection (b)(1)
that provide employment for current and former employees of the coal
industry.
(g) Reservation.--Of the funds made available under subsection (a),
$25,000,000 shall be made available to the Secretary of the Interior to
provide States and Indian Tribes with the financial and technical
assistance necessary for the purpose of making amendments to the
inventory maintained under section 403(c) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
SEC. 40702. ABANDONED MINE RECLAMATION FEE.
(a) Amount.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``28 cents'' and inserting ``22.4 cents'';
(2) by striking ``12 cents'' and inserting ``9.6 cents''; and
(3) by striking ``8 cents'' and inserting ``6.4 cents''.
(b) Duration.--Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2021'' and inserting ``September 30, 2034''.
SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
Section 401(f)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by striking ``2022'' and
inserting ``2035''; and
(B) in the matter preceding clause (i), by striking
``2022'' and inserting ``2035''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by striking ``2023'' and
inserting ``2036'';
(B) by striking ``2023'' and inserting ``2036''; and
(C) by striking ``2022'' and inserting ``2035''.
SEC. 40704. ABANDONED HARDROCK MINE RECLAMATION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a program to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases on, and remediate abandoned hardrock mine land based
on conditions including need, public health and safety, potential
environmental harm, and other land use priorities.
(b) Award of Grants.--Subject to the availability of funds, the
Secretary shall provide grants on a competitive or formula basis to
States and Indian Tribes that have jurisdiction over abandoned hardrock
mine land to reclaim that land.
(c) Eligibility.--Amounts made available under this section may
only be used for Federal, State, Tribal, local, and private land that
has been affected by past hardrock mining activities, and water
resources that traverse or are contiguous to such land, including any
of the following:
(1) Land and water resources that were--
(A) used for, or affected by, hardrock mining activities;
and
(B) abandoned or left in an inadequate reclamation status
before the date of enactment of this Act.
(2) Land for which the Secretary makes a determination that
there is no continuing reclamation responsibility of a claim
holder, liable party, operator, or other person that abandoned the
site prior to completion of required reclamation under Federal or
State law.
(d) Eligible Activities.--
(1) In general.--Amounts made available to carry out this
section shall be used to inventory, assess, decommission, reclaim,
respond to hazardous substance releases on, and remediate abandoned
hardrock mine land based on the priorities described in subsection
(a).
(2) Exclusion.--Amounts made available to carry out this
section may not be used to fulfill obligations under the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal
settlement or imposed by a court, whether for payment of funds or
for work to be performed.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000,000, to remain available until
expended, of which--
(A) 50 percent shall be for grants to States and Indian
Tribes under subsection (b) for eligible activities described
in subsection (d)(1); and
(B) 50 percent shall be for available to the Secretary for
eligible activities described in subsection (d)(1) on Federal
land.
(2) Transfer.--The Secretary may transfer amounts made
available to the Secretary under paragraph (1)(B) to the Secretary
of Agriculture for activities described in subsection (a) on
National Forest System land.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
(a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.)
(commonly known as the ``Forest Roads and Trails Act'') is amended by
adding at the end the following:
``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
``(a) Establishment.--The Secretary shall establish the Forest
Service Legacy Road and Trail Remediation Program (referred to in this
section as the `Program').
``(b) Activities.--In carrying out the Program, the Secretary
shall, taking into account foreseeable changes in weather and
hydrology--
``(1) restore passages for fish and other aquatic species by--
``(A) improving, repairing, or replacing culverts and other
infrastructure; and
``(B) removing barriers, as the Secretary determines
appropriate, from the passages;
``(2) decommission unauthorized user-created roads and trails
that are not a National Forest System road or a National Forest
System trail, if the applicable unit of the National Forest System
has published--
``(A) a Motor Vehicle Use Map and the road is not
identified as a National Forest System road on that Motor
Vehicle Use Map; or
``(B) a map depicting the authorized trails in the
applicable unit of the National Forest System and the trail is
not identified as a National Forest System trail on that map;
``(3) prepare previously closed National Forest System roads
for long-term storage, in accordance with subsections (c)(1) and
(d), in a manner that--
``(A) prevents motor vehicle use, as appropriate to conform
to route designations;
``(B) prevents the roads from damaging adjacent resources,
including aquatic and wildlife resources;
``(C) reduces or eliminates the need for road maintenance;
and
``(D) preserves the roads for future use;
``(4) decommission previously closed National Forest System
roads and trails in accordance with subsections (c)(1) and (d);
``(5) relocate National Forest System roads and trails--
``(A) to increase resilience to extreme weather events,
flooding, and other natural disasters; and
``(B) to respond to changing resource conditions and public
input;
``(6) convert National Forest System roads to National Forest
System trails, while allowing for continued use for motorized and
nonmotorized recreation, to the extent the use is compatible with
the management status of the road or trail;
``(7) decommission temporary roads--
``(A) that were constructed before the date of enactment of
this section--
``(i) for emergency operations; or
``(ii) to facilitate a resource extraction project;
``(B) that were designated as a temporary road by the
Secretary; and
``(C)(i) in violation of section 10(b) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1608(b)), on which vegetation cover has not been reestablished;
or
``(ii) that have not been fully decommissioned; and
``(8) carry out projects on National Forest System roads,
trails, and bridges to improve resilience to extreme weather
events, flooding, or other natural disasters.
``(c) Project Selection.--
``(1) Project eligibility.--
``(A) In general.--The Secretary may only fund under the
Program a project described in paragraph (3) or (4) of
subsection (b) if the Secretary previously and separately--
``(i) solicited public comment for changing the
management status of the applicable National Forest System
road or trail--
``(I) to close the road or trail to access; and
``(II) to minimize impacts to natural resources;
and
``(ii) has closed the road or trail to access as
described in clause (i)(I).
``(B) Requirement.--Each project carried out under the
Program shall be on a National Forest System road or trail,
except with respect to--
``(i) a project described in subsection (b)(2); or
``(ii) a project carried out on a watershed for which
the Secretary has entered into a cooperative agreement
under section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (16 U.S.C.
1011a).
``(2) Annual selection of projects for funding.--The Secretary
shall--
``(A) establish a process for annually selecting projects
for funding under the Program, consistent with the requirements
of this section;
``(B) solicit and consider public input regionally in the
ranking of projects for funding under the Program;
``(C) give priority for funding under the Program to
projects that would--
``(i) protect or improve water quality in public
drinking water source areas;
``(ii) restore the habitat of a threatened, endangered,
or sensitive fish or wildlife species; or
``(iii) maintain future access to the adjacent area for
the public, contractors, permittees, or firefighters; and
``(D) publish on the website of the Forest Service--
``(i) the selection process established under
subparagraph (A); and
``(ii) a list that includes a description and the
proposed outcome of each project funded under the Program
in each fiscal year.
``(d) Implementation.--In implementing the Program, the Secretary
shall ensure that--
``(1) the system of roads and trails on the applicable unit of
the National Forest System--
``(A) is adequate to meet any increasing demands for
timber, recreation, and other uses;
``(B) provides for intensive use, protection, development,
and management of the land under principles of multiple use and
sustained yield of products and services;
``(C) does not damage, degrade, or impair adjacent
resources, including aquatic and wildlife resources, to the
extent practicable;
``(D) reflects long-term funding expectations; and
``(E) is adequate for supporting emergency operations, such
as evacuation routes during wildfires, floods, and other
natural disasters; and
``(2) all projects funded under the Program are consistent with
any applicable forest plan or travel management plan.
``(e) Savings Clause.--A decision to fund a project under the
Program shall not affect any determination made previously or to be
made in the future by the Secretary with regard to road or trail
closures.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out section 8 of
Public Law 88-657 (commonly known as the ``Forest Roads and Trails
Act'') $250,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED
MINE SITES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the Office of Surface Mining Reclamation and Enforcement, shall
conduct, and submit to Congress a report describing the results of, a
study on the feasibility of revegetating reclaimed mined sites.
(b) Inclusions.--The report submitted under subsection (a) shall
include--
(1) recommendations for how a program could be implemented
through the Office of Surface Mining Reclamation and Enforcement to
revegetate reclaimed mined sites;
(2) identifications of reclaimed mine sites that would be
suitable for inclusion in such a program, including sites on land
that--
(A) is subject to title IV of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and
(B) is not subject to that title;
(3) a description of any barriers to implementation of such a
program, including whether the program would potentially interfere
with the authorities contained in, or the implementation of, the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201
et seq.), including the Abandoned Mine Reclamation Fund created by
section 401 of that Act (30 U.S.C. 1231) and State reclamation
programs under section 405 of that Act (30 U.S.C. 1235); and
(4) a description of the potential for job creation and
workforce needs if such a program was implemented.
SEC. 40803. WILDFIRE RISK REDUCTION.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, for the
activities described in subsection (c), $3,369,200,000 for the period
of fiscal years 2022 through 2026.
(b) Treatment.--Of the Federal land or Indian forest land or
rangeland that has been identified as having a very high wildfire
hazard potential, the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall, by
not later than September 30, 2027, conduct restoration treatments and
improve the Fire Regime Condition Class of 10,000,000 acres that are
located in--
(1) the wildland-urban interface; or
(2) a public drinking water source area.
(c) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $20,000,000 shall be made available for entering into an
agreement with the Administrator of the National Oceanic and
Atmospheric Administration to establish and operate a program that
makes use of the Geostationary Operational Environmental Satellite
Program to rapidly detect and report wildfire starts in all areas
in which the Secretary of the Interior or the Secretary of
Agriculture has financial responsibility for wildland fire
protection and prevention, of which--
(A) $10,000,000 shall be made available to the Secretary of
the Interior; and
(B) $10,000,000 shall be made available to the Secretary of
Agriculture;
(2) $600,000,000 shall be made available for the salaries and
expenses of Federal wildland firefighters in accordance with
subsection (d), of which--
(A) $120,000,000 shall be made available to the Secretary
of the Interior; and
(B) $480,000,000 shall be made available to the Secretary
of Agriculture;
(3) $10,000,000 shall be made available to the Secretary of the
Interior to acquire technology and infrastructure for each Type I
and Type II incident management team to maintain interoperability
with respect to the radio frequencies used by any responding
agency;
(4) $30,000,000 shall be made available to the Secretary of
Agriculture to provide financial assistance to States, Indian
Tribes, and units of local government to establish and operate
Reverse-911 telecommunication systems;
(5) $50,000,000 shall be made available to the Secretary of the
Interior to establish and implement a pilot program to provide to
local governments financial assistance for the acquisition of slip-
on tanker units to establish fleets of vehicles that can be quickly
converted to be operated as fire engines;
(6) $1,200,000 shall be made available to the Secretary of
Agriculture, in coordination with the Secretary of the Interior, to
develop and publish, not later than 180 days after the date of
enactment of this Act, and every 5 years thereafter, a map
depicting at-risk communities (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)),
including Tribal at-risk communities;
(7) $100,000,000 shall be made available to the Secretary of
the Interior and the Secretary of Agriculture--
(A) for--
(i) preplanning fire response workshops that develop--
(I) potential operational delineations; and
(II) select potential control locations; and
(ii) workforce training for staff, non-Federal
firefighters, and Native village fire crews for--
(I) wildland firefighting; and
(II) increasing the pace and scale of vegetation
treatments, including training on how to prepare and
implement large landscape treatments; and
(B) of which--
(i) $50,000,000 shall be made available to the
Secretary of the Interior; and
(ii) $50,000,000 shall be made available to the
Secretary of Agriculture;
(8) $20,000,000 shall be made available to the Secretary of
Agriculture to enter into an agreement with a Southwest Ecological
Restoration Institute established under the Southwest Forest Health
and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.)--
(A) to compile and display existing data, including
geographic data, for hazardous fuel reduction or wildfire
prevention treatments undertaken by the Secretary of the
Interior or the Secretary of Agriculture, including treatments
undertaken with funding provided under this title;
(B) to compile and display existing data, including
geographic data, for large wildfires, as defined by the
National Wildfire Coordinating Group, that occur in the United
States;
(C) to facilitate coordination and use of existing and
future interagency fuel treatment data, including geographic
data, for the purposes of--
(i) assessing and planning cross-boundary fuel
treatments; and
(ii) monitoring the effects of treatments on wildfire
outcomes and ecosystem restoration services, using the data
compiled under subparagraphs (A) and (B);
(D) to publish a report every 5 years showing the extent to
which treatments described in subparagraph (A) and previous
wildfires affect the boundaries of wildfires, categorized by--
(i) Federal land management agency;
(ii) region of the United States; and
(iii) treatment type; and
(E) to carry out other related activities of a Southwest
Ecological Restoration Institute, as authorized by the
Southwest Forest Health and Wildfire Prevention Act of 2004 (16
U.S.C. 6701 et seq.);
(9) $20,000,000 shall be available for activities conducted
under the Joint Fire Science Program, of which--
(A) $10,000,000 shall be made available to the Secretary of
the Interior; and
(B) $10,000,000 shall be made available to the Secretary of
Agriculture;
(10) $100,000,000 shall be made available to the Secretary of
Agriculture for collaboration and collaboration-based activities,
including facilitation, certification of collaboratives, and
planning and implementing projects under the Collaborative Forest
Landscape Restoration Program established under section 4003 of the
Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) in
accordance with subsection (e);
(11) $500,000,000 shall be made available to the Secretary of
the Interior and the Secretary of Agriculture--
(A) for--
(i) conducting mechanical thinning and timber
harvesting in an ecologically appropriate manner that
maximizes the retention of large trees, as appropriate for
the forest type, to the extent that the trees promote fire-
resilient stands; or
(ii) precommercial thinning in young growth stands for
wildlife habitat benefits to provide subsistence resources;
and
(B) of which--
(i) $100,000,000 shall be made available to the
Secretary of the Interior; and
(ii) $400,000,000 shall be made available to the
Secretary of Agriculture;
(12) $500,000,000 shall be made available to the Secretary of
Agriculture, in cooperation with States, to award community
wildfire defense grants to at-risk communities in accordance with
subsection (f);
(13) $500,000,000 shall be made available for planning and
conducting prescribed fires and related activities, of which--
(A) $250,000,000 shall be made available to the Secretary
of the Interior; and
(B) $250,000,000 shall be made available to the Secretary
of Agriculture;
(14) $500,000,000 shall be made available for developing or
improving potential control locations, in accordance with paragraph
(7)(A)(i)(II), including installing fuelbreaks (including
fuelbreaks studied under subsection (i)), with a focus on shaded
fuelbreaks when ecologically appropriate, of which--
(A) $250,000,000 shall be made available to the Secretary
of the Interior; and
(B) $250,000,000 shall be made available to the Secretary
of Agriculture;
(15) $200,000,000 shall be made available for contracting or
employing crews of laborers to modify and remove flammable
vegetation on Federal land and for using materials from treatments,
to the extent practicable, to produce biochar and other innovative
wood products, including through the use of existing locally based
organizations that engage young adults, Native youth, and veterans
in service projects, such as youth and conservation corps, of
which--
(A) $100,000,000 shall be made available to the Secretary
of the Interior; and
(B) $100,000,000 shall be made available to the Secretary
of Agriculture;
(16) $200,000,000 shall be made available for post-fire
restoration activities that are implemented not later than 3 years
after the date that a wildland fire is contained, of which--
(A) $100,000,000 shall be made available to the Secretary
of the Interior; and
(B) $100,000,000 shall be made available to the Secretary
of Agriculture;
(17) $8,000,000 shall be made available to the Secretary of
Agriculture--
(A) to provide feedstock to firewood banks; and
(B) to provide financial assistance for the operation of
firewood banks; and
(18) $10,000,000 shall be available to the Secretary of the
Interior and the Secretary of Agriculture for the procurement and
placement of wildfire detection and real-time monitoring equipment,
such as sensors, cameras, and other relevant equipment, in areas at
risk of wildfire or post-burned areas.
(d) Wildland Firefighters.--
(1) In general.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this Act,
the Secretary of the Interior and the Secretary of Agriculture
shall, using the amounts made available under subsection (c)(2),
coordinate with the Director of the Office of Personnel Management
to develop a distinct ``wildland firefighter'' occupational series.
(2) Hazardous duty differential not affected.--Section
5545(d)(1) of title 5, United States Code, is amended by striking
``except'' and all that follows through ``and'' at the end and
inserting the following: ``except--
``(A) an employee in an occupational series covering
positions for which the primary duties involve the prevention,
control, suppression, or management of wildland fires, as
determined by the Office; and
``(B) in such other circumstances as the Office may by
regulation prescribe; and''.
(3) Current employees.--Any individual employed as a wildland
firefighter on the date on which the occupational series
established under paragraph (1) takes effect may elect--
(A) to remain in the occupational series in which the
individual is employed; or
(B) to be included in the ``wildland firefighter''
occupational series established under that paragraph.
(4) Permanent employees; increase in salary.--Using the amounts
made available under subsection (c)(2), beginning October 1, 2021,
the Secretary of the Interior and the Secretary of Agriculture
shall--
(A) seek to convert not fewer than 1,000 seasonal wildland
firefighters to wildland firefighters that--
(i) are full-time, permanent, year-round Federal
employees; and
(ii) reduce hazardous fuels on Federal land not fewer
than 800 hours per year; and
(B) increase the base salary of a Federal wildland
firefighter by the lesser of an amount that is commensurate
with an increase of $20,000 per year or an amount equal to 50
percent of the base salary, if the Secretary concerned, in
coordination with the Director of the Office of Personnel
Management, makes a written determination that the position of
the Federal wildland firefighter is located within a specified
geographic area in which it is difficult to recruit or retain a
Federal wildland firefighter.
(5) National wildfire coordinating group.--Using the amounts
made available under subsection (c)(2), not later than October 1,
2022, the Secretary of the Interior and the Secretary of
Agriculture shall--
(A) develop and adhere to recommendations for mitigation
strategies for wildland firefighters to minimize exposure due
to line-of-duty environmental hazards; and
(B) establish programs for permanent, temporary, seasonal,
and year-round wildland firefighters to recognize and address
mental health needs, including post-traumatic stress disorder
care.
(e) Collaborative Forest Landscape Restoration Program.--Subject to
the availability of appropriations, not later than 180 days after the
date of enactment of this Act, the Secretary of Agriculture shall,
using the amounts made available under subsection (c)(10)--
(1) solicit new project proposals under the Collaborative
Forest Landscape Restoration Program established under section 4003
of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303)
(referred to in this subsection as the ``Program'');
(2) provide up to 5 years of additional funding of any proposal
originally selected for funding under the Program prior to
September 30, 2018--
(A) that has been approved for an extension of funding by
the Secretary of Agriculture prior to the date of enactment of
this Act; or
(B) that has been recommended for an extension of funding
by the advisory panel established under section 4003(e) of the
Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(e))
prior to the date of enactment of this Act that the Secretary
of Agriculture subsequently approves; and
(3) select project proposals for funding under the Program in a
manner that--
(A) gives priority to a project proposal that will treat
acres that--
(i) have been identified as having very high wildfire
hazard potential; and
(ii) are located in--
(I) the wildland-urban interface; or
(II) a public drinking water source area;
(B) takes into consideration--
(i) the cost per acre of Federal land or Indian forest
land or rangeland acres described in subparagraph (A) to be
treated; and
(ii) the number of acres described in subparagraph (A)
to be treated;
(C) gives priority to a project proposal that is proposed
by a collaborative that has successfully accomplished
treatments consistent with a written plan that included a
proposed schedule of completing those treatments, which is not
limited to an earlier proposal funded under the Program; and
(D) discontinues funding for a project that fails to
achieve the results included in a project proposal submitted
under paragraph (1) for more than 2 consecutive years.
(f) Community Wildfire Defense Grant Program.--
(1) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of enactment
of this Act, the Secretary of Agriculture shall, using amounts made
available under subsection (c)(12), establish a program, which
shall be separate from the program established under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133), under which the Secretary of Agriculture, in
cooperation with the States, shall award grants to at-risk
communities, including Indian Tribes--
(A) to develop or revise a community wildfire protection
plan; and
(B) to carry out projects described in a community wildfire
protection plan that is not more than 10 years old.
(2) Priority.--In awarding grants under the program described
in paragraph (1), the Secretary of Agriculture shall give priority
to an at-risk community that is--
(A) in an area identified by the Secretary of Agriculture
as having high or very high wildfire hazard potential;
(B) a low-income community; or
(C) a community impacted by a severe disaster.
(3) Community wildfire defense grants.--
(A) Grant amounts.--A grant--
(i) awarded under paragraph (1)(A) shall be for not
more than $250,000; and
(ii) awarded under paragraph (1)(B) shall be for not
more than $10,000,000.
(B) Cost sharing requirement.--
(i) In general.--Except as provided in clause (ii), the
non-Federal cost (including the administrative cost) of
carrying out a project using funds from a grant awarded
under the program described in paragraph (1) shall be--
(I) not less than 10 percent for a grant awarded
under paragraph (1)(A); and
(II) not less than 25 percent for a grant awarded
under paragraph (1)(B).
(ii) Waiver.--The Secretary of Agriculture may waive
the cost-sharing requirement under clause (i) for a project
that serves an underserved community.
(C) Eligibility.--The Secretary of Agriculture shall not
award a grant under paragraph (1) to an at-risk community that
is located in a county or community that--
(i) is located in the continental United States; and
(ii) has not adopted an ordinance or regulation that
requires the construction of new roofs on buildings to
adhere to standards that are similar to, or more stringent
than--
(I) the roof construction standards established by
the National Fire Protection Association; or
(II) an applicable model building code established
by the International Code Council.
(g) Priorities.--In carrying out projects using amounts made
available under this section, the Secretary of the Interior or the
Secretary of Agriculture, acting through the Chief of the Forest
Service, as applicable, shall prioritize funding for projects--
(1) for which any applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been
completed on the date of enactment of this Act;
(2) that reduce the likelihood of experiencing
uncharacteristically severe effects from a potential wildfire by
focusing on areas strategically important for reducing the risks
associated with wildfires;
(3) that maximize the retention of large trees, as appropriate
for the forest type, to the extent that the trees promote fire-
resilient stands;
(4) that do not include the establishment of permanent roads;
(5) for which funding would be committed to decommission all
temporary roads constructed to carry out the project; and
(6) that fully maintain or contribute toward the restoration of
the structure and composition of old growth stands consistent with
the characteristics of that forest type, taking into account the
contribution of the old growth stand to landscape fire adaption and
watershed health, unless the old growth stand is part of a science-
based ecological restoration project authorized by the Secretary
concerned that meets applicable protection and old growth
enhancement objectives, as determined by the Secretary concerned.
(h) Reports.-- The Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
complete and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives an annual report describing the number of acres of land
on which projects carried out using funds made available under this
section improved the Fire Regime Condition Class of the land described
in subsection (b).
(i) Wildfire Prevention Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall initiate
a study of the construction and maintenance of a system of
strategically placed fuelbreaks to control wildfires in western
States.
(2) Review.--The study under paragraph (1) shall review--
(A) a full suite of manual, chemical, and mechanical
treatments; and
(B) the effectiveness of the system described in that
paragraph in reducing wildfire risk and protecting communities.
(3) Determination.--Not later than 90 days after the date of
completion of the study under paragraph (1), the Secretary of
Agriculture shall determine whether to initiate the preparation of
a programmatic environmental impact statement implementing the
system described in that paragraph in appropriate locations.
(j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall establish a 5-year monitoring,
maintenance, and treatment plan that--
(A) describes activities under subsection (c) that the
Secretary of Agriculture and the Secretary of the Interior will
take to reduce the risk of wildfire by conducting restoration
treatments and improving the Fire Regime Condition Class of
10,000,000 acres of Federal land or Tribal Forest land or
rangeland that is identified as having very high wildfire
hazard potential, not including annual treatments otherwise
scheduled;
(B) establishes a process for prioritizing treatments in
areas and communities at the highest risk of catastrophic
wildfires;
(C) includes an innovative plan and process--
(i) to leverage public-private partnerships and
resources, shared stewardship agreements, good neighbor
agreements, and similar contracting authorities;
(ii) to prioritize projects for which any applicable
processes under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) have been completed as of the
date of enactment of this Act;
(iii) to streamline subsequent projects based on
existing statutory or regulatory authorities; and
(iv) to develop interagency teams to increase
coordination and efficiency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321); and
(D) establishes a process for coordinating prioritization
and treatment with State and local entities and affected
stakeholders.
(2) Strategy.--Not later than 5 years after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior, in coordination with State and local
governments, shall publish a long-term, outcome-based monitoring,
maintenance, and treatment strategy--
(A) to maintain forest health improvements and wildfire
risk reduction accomplished under this section;
(B) to continue treatment at levels necessary to address
the 20,000,000 acres needing priority treatment over the 10-
year period beginning on the date of publication of the
strategy; and
(C) to proactively conduct treatment at a level necessary
to minimize the risk of wildfire to surrounding at-risk
communities.
(k) Authorized Hazardous Fuels Projects.--A project carried out
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of
subsection (c) shall be considered an authorized hazardous fuel
reduction project pursuant to section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6512).
SEC. 40804. ECOSYSTEM RESTORATION.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, for the
activities described in subsection (b), $2,130,000,000 for the period
of fiscal years 2022 through 2026.
(b) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $300,000,000 shall be made available, in accordance with
subsection (c), to the Secretary of the Interior and the Secretary
of Agriculture--
(A) for--
(i) entering into contracts, including stewardship
contracts or agreements, the purpose of each of which shall
be to restore ecological health on not fewer than 10,000
acres of Federal land, including Indian forest land or
rangeland, and for salaries and expenses associated with
preparing and executing those contracts; and
(ii) establishing a Working Capital Fund that may be
accessed by the Secretary of the Interior or the Secretary
of Agriculture to fund requirements of contracts described
in clause (i), including cancellation and termination
costs, consistent with section 604(h) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c(h)), and
periodic payments over the span of the contract period; and
(B) of which--
(i) $50,000,000 shall be made available to the
Secretary of the Interior to enter into contracts described
in subparagraph (A)(i);
(ii) $150,000,000 shall be made available to the
Secretary of Agriculture to enter into contracts described
in subparagraph (A)(i); and
(iii) $100,000,000 shall be made available until
expended to the Secretary of the Interior, notwithstanding
any other provision of this Act, to establish the Working
Capital Fund described in subparagraph (A)(ii);
(2) $200,000,000 shall be made available to provide to States
and Indian Tribes for implementing restoration projects on Federal
land pursuant to good neighbor agreements entered into under
section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) or
agreements entered into under section 2(b) of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a(b)), of which--
(A) $40,000,000 shall be made available to the Secretary of
the Interior; and
(B) $160,000,000 shall be made available to the Secretary
of Agriculture;
(3) $400,000,000 shall be made available to the Secretary of
Agriculture to provide financial assistance to facilities that
purchase and process byproducts from ecosystem restoration projects
in accordance with subsection (d);
(4) $400,000,000 shall be made available to the Secretary of
the Interior to provide grants to States, territories of the United
States, and Indian Tribes for implementing voluntary ecosystem
restoration projects on private or public land, in consultation
with the Secretary of Agriculture, that--
(A) prioritizes funding cross-boundary projects; and
(B) requires matching funding from the State, territory of
the United States, or Indian Tribe to be eligible to receive
the funding;
(5) $50,000,000 shall be made available to the Secretary of
Agriculture to award grants to States and Indian Tribes to
establish rental programs for portable skidder bridges, bridge
mats, or other temporary water crossing structures, to minimize
stream bed disturbance on non-Federal land and Federal land;
(6) $200,000,000 shall be made available for invasive species
detection, prevention, and eradication, including conducting
research and providing resources to facilitate detection of
invasive species at points of entry and awarding grants for
eradication of invasive species on non-Federal land and on Federal
land, of which--
(A) $100,000,000 shall be made available to the Secretary
of the Interior; and
(B) $100,000,000 shall be made available to the Secretary
of Agriculture;
(7) $100,000,000 shall be made available to restore, prepare,
or adapt recreation sites on Federal land, including Indian forest
land or rangeland, in accordance with subsection (e);
(8) $200,000,000 shall be made available to restore native
vegetation and mitigate environmental hazards on mined land on
Federal and non-Federal land, of which--
(A) $100,000,000 shall be made available to the Secretary
of the Interior; and
(B) $100,000,000 shall be made available to the Secretary
of Agriculture;
(9) $200,000,000 shall be made available to establish and
implement a national revegetation effort on Federal and non-Federal
land, including to implement the National Seed Strategy for
Rehabilitation and Restoration, of which--
(A) $70,000,000 shall be made available to the Secretary of
the Interior; and
(B) $130,000,000 shall be made available to the Secretary
of Agriculture; and
(10) $80,000,000 shall be made available to the Secretary of
Agriculture, in coordination with the Secretary of the Interior, to
establish a collaborative-based, landscape-scale restoration
program to restore water quality or fish passage on Federal land,
including Indian forest land or rangeland, in accordance with
subsection (f).
(c) Ecological Health Restoration Contracts.--
(1) Submission of list of projects to congress.--Until the date
on which all of the amounts made available to carry out subsection
(b)(1)(A)(i) are expended, not later than 90 days before the end of
each fiscal year, the Secretary of the Interior and the Secretary
of Agriculture shall submit to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate and the
Committee on Natural Resources and the Committee on Appropriations
of the House of Representatives a list of projects to be funded
under that subsection in the subsequent fiscal year, including--
(A) a detailed description of each project; and
(B) an estimate of the cost, including salaries and
expenses, for the project.
(2) Alternate allocation.--Appropriations Acts may provide for
alternate allocation of amounts made available under subsection
(b)(1), consistent with the allocations under subparagraph (B) of
that subsection.
(3) Lack of alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations described in
paragraph (2) by the date on which the Act making full-year
appropriations for the Department of the Interior, Environment, and
Related Agencies for the applicable fiscal year is enacted into
law, amounts made available under subsection (b)(1)(B) shall be
allocated by the President.
(d) Wood Products Infrastructure.--The Secretary of Agriculture, in
coordination with the Secretary of the Interior, shall--
(1) develop a ranking system that categorizes units of Federal
land, including Indian forest land or rangeland, with regard to
treating areas at risk of unnaturally severe wildfire or insect or
disease infestation, as being--
(A) very low priority for ecological restoration involving
vegetation removal;
(B) low priority for ecological restoration involving
vegetation removal;
(C) medium priority for ecological restoration involving
vegetation removal;
(D) high priority for ecological restoration involving
vegetation removal; or
(E) very high priority for ecological restoration involving
vegetation removal;
(2) determine, for a unit identified under paragraph (1) as
being high or very high priority for ecological restoration
involving vegetation removal, if--
(A) a sawmill or other wood-processing facility exists in
close proximity to, or a forest worker is seeking to conduct
restoration treatment work on or in close proximity to, the
unit; and
(B) the presence of a sawmill or other wood-processing
facility would substantially decrease or does substantially
decrease the cost of conducting ecological restoration projects
involving vegetation removal;
(3) in accordance with any conditions the Secretary of
Agriculture determines to be necessary, using the amounts made
available under subsection (b)(3), provide financial assistance,
including a low-interest loan or a loan guarantee, to an entity
seeking to establish, reopen, retrofit, expand, or improve a
sawmill or other wood-processing facility in close proximity to a
unit of Federal land that has been identified under paragraph (1)
as high or very high priority for ecological restoration, if the
presence of a sawmill or other wood-processing facility would
substantially decrease or does substantially decrease the cost of
conducting ecological restoration projects involving vegetation
removal on the unit of Federal land, including Indian forest land
or rangeland, as determined under paragraph (2)(B); and
(4) to the extent practicable, when allocating funding to units
of Federal land for ecological restoration projects involving
vegetation removal, give priority to a unit of Federal land that--
(A) has been identified under paragraph (1) as being high
or very high priority for ecological restoration involving
vegetation removal; and
(B) has a sawmill or other wood-processing facility--
(i) that, as determined under paragraph (2)--
(I) exists in close proximity to the unit; and
(II) does substantially decrease the cost of
conducting ecological restoration projects involving
vegetation removal on the unit; or
(ii) that has received financial assistance under
paragraph (3).
(e) Recreation Sites.--
(1) Site restoration and improvements.--Of the amounts made
available under subsection (b)(7), $45,000,000 shall be made
available to the Secretary of the Interior and $35,000,000 shall be
made available the Secretary of Agriculture to restore, prepare, or
adapt recreation sites on Federal land, including Indian forest
land or rangeland, that have experienced or may likely experience
visitation and use beyond the carrying capacity of the sites.
(2) Public use recreation cabins.--
(A) In general.--Of the amounts made available under
subsection (b)(7), $20,000,000 shall be made available to the
Secretary of Agriculture for--
(i) the operation, repair, reconstruction, and
construction of public use recreation cabins on National
Forest System land; and
(ii) to the extent necessary, the repair or
reconstruction of historic buildings that are to be
outleased under section 306121 of title 54, United States
Code.
(B) Inclusion.--Of the amount described in subparagraph
(A), $5,000,000 shall be made available to the Secretary of
Agriculture for associated salaries and expenses in carrying
out that subparagraph.
(C) Agreements.--The Secretary of Agriculture may enter
into a lease or cooperative agreement with a State, Indian
Tribe, local government, or private entity--
(i) to carry out the activities described in
subparagraph (A); or
(ii) to manage the renting of a cabin or building
described in subparagraph (A) to the public.
(3) Exclusion.--A project shall not be eligible for funding
under this subsection if--
(A) funding for the project would be used for deferred
maintenance, as defined by Federal Accounting Standards
Advisory Board; and
(B) the Secretary of the Interior or the Secretary of
Agriculture has identified the project for funding from the
National Parks and Public Land Legacy Restoration Fund
established by section 200402(a) of title 54, United States
Code.
(f) Collaborative-based, Aquatic-focused, Landscape-scale
Restoration Program.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture shall, in coordination with the Secretary of
the Interior and using the amounts made available under subsection
(b)(10)--
(1) solicit collaboratively developed proposals that--
(A) are for 5-year projects to restore fish passage or
water quality on Federal land and non-Federal land to the
extent allowed under section 323(a) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011a(a)), including Indian forest land or rangeland;
(B) contain proposed accomplishments and proposed non-
Federal funding; and
(C) request not more than $5,000,000 in funding made
available under subsection (b)(10);
(2) select project proposals for funding in a manner that--
(A) gives priority to a project proposal that would result
in the most miles of streams being restored for the lowest
amount of Federal funding; and
(B) discontinues funding for a project that fails to
achieve the results included in a proposal submitted under
paragraph (1) for more than 2 consecutive years; and
(3) publish a list of--
(A) all of the priority watersheds on National Forest
System land;
(B) the condition of each priority watershed on the date of
enactment of this Act; and
(C) the condition of each priority watershed on the date
that is 5 years after the date of enactment of this Act.
SEC. 40805. GAO STUDY.
(a) Study.--Not later than 6 years after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) conduct a study on the implementation of this title and the
amendments made by this title, including whether this title and the
amendments made by this title have--
(A) effectively reduced wildfire risk, including the extent
to which the wildfire hazard on Federal land has changed; and
(B) restored ecosystems on Federal and non-Federal land;
and
(2) submit to Congress a report that describes the results of
the study under paragraph (1).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Comptroller General of the Unites States for the
activities described in subsection (a) $800,000.
SEC. 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System land; and
(2) the Secretary of the Interior, with respect to public lands
(as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau
of Land Management.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of actions
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if
the categorical exclusion is documented through a supporting record and
decision memorandum.
(c) Forest Management Activities Designated for Categorical
Exclusion.--
(1) In general.--The category of forest management activities
designated under subsection (b) for a categorical exclusion are
forest management activities described in paragraph (2) that are
carried out by the Secretary concerned on public lands (as defined
in section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702)) administered by the Bureau of Land
Management or National Forest System land the primary purpose of
which is to establish and maintain linear fuel breaks that are--
(A) up to 1,000 feet in width contiguous with or
incorporating existing linear features, such as roads, water
infrastructure, transmission and distribution lines, and
pipelines of any length on Federal land; and
(B) intended to reduce the risk of uncharacteristic
wildfire on Federal land or catastrophic wildfire for an
adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (b) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash or hazardous
fuels;
(D) selling of vegetation products, including timber,
firewood, biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) Excluded activities.--A forest management activity
described in paragraph (2) may not be carried out pursuant to the
categorical exclusion established under subsection (b) if the
activity is conducted--
(A) in a component of the National Wilderness Preservation
System;
(B) on Federal land on which the removal of vegetation is
prohibited or restricted by Act of Congress, Presidential
proclamation (including the applicable implementation plan), or
regulation;
(C) in a wilderness study area; or
(D) in an area in which carrying out the activity would be
inconsistent with the applicable land management plan or
resource management plan.
(4) Extraordinary circumstances.--The Secretary concerned shall
apply the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or a successor
regulation), in determining whether to use a categorical exclusion
under subsection (b).
(d) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (b)--
(1) may not contain treatment units in excess of 3,000 acres;
(2) shall be located primarily in--
(A) the wildland-urban interface or a public drinking water
source area;
(B) if located outside the wildland-urban interface or a
public drinking water source area, an area within Condition
Class 2 or 3 in Fire Regime Group I, II, or III that contains
very high wildfire hazard potential; or
(C) an insect or disease area designated by the Secretary
concerned as of the date of enactment of this Act; and
(3) shall consider the best available scientific information.
(e) Roads.--
(1) Permanent roads.--A project under this section shall not
include the establishment of permanent roads.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repairs on existing permanent roads for
the purposes of this section.
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed under a project under
this section not later than 3 years after the date on which the
project is completed.
(f) Public Collaboration.--To encourage meaningful public
participation during the preparation of a project under this section,
the Secretary concerned shall facilitate, during the preparation of
each project--
(1) collaboration among State and local governments and Indian
Tribes; and
(2) participation of interested persons.
SEC. 40807. EMERGENCY ACTIONS.
(a) Definitions.--In this section:
(1) Authorized emergency action.--The term ``authorized
emergency action'' means an action carried out pursuant to an
emergency situation determination issued under this section to
mitigate the harm to life, property, or important natural or
cultural resources on National Forest System land or adjacent land.
(2) Emergency situation.--The term ``emergency situation''
means a situation on National Forest System land for which
immediate implementation of 1 or more authorized emergency actions
is necessary to achieve 1 or more of the following results:
(A) Relief from hazards threatening human health and
safety.
(B) Mitigation of threats to natural resources on National
Forest System land or adjacent land.
(3) Emergency situation determination.--The term ``emergency
situation determination'' means a determination made by the
Secretary under subsection (b)(1)(A).
(4) Land and resource management plan.--The term ``land and
resource management plan'' means a plan developed under section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(5) National forest system land.--The term ``National Forest
System land'' means land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(6) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Authorized Emergency Actions to Respond to Emergency
Situations.--
(1) Determination.--
(A) In general.--The Secretary may make a determination
that an emergency situation exists with respect to National
Forest System land.
(B) Review.--An emergency situation determination shall not
be subject to objection under the predecisional administrative
review processes under part 218 of title 36, Code of Federal
Regulations (or successor regulations).
(C) Basis of determination.--An emergency situation
determination shall be based on an examination of the relevant
information.
(2) Authorized emergency actions.--After making an emergency
situation determination with respect to National Forest System
land, the Secretary may carry out authorized emergency actions on
that National Forest System land in order to achieve reliefs from
hazards threatening human health and safety or mitigation of
threats to natural resources on National Forest System land or
adjacent land, including through--
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation harvest of
trees to control insects or disease, including trees already
infested with insects or disease;
(D) the reforestation or replanting of fire-impacted areas
through planting, control of competing vegetation, or other
activities that enhance natural regeneration and restore forest
species;
(E) the removal of hazardous trees in close proximity to
roads and trails;
(F) the removal of hazardous fuels;
(G) the restoration of water sources or infrastructure;
(H) the reconstruction of existing utility lines; and
(I) the replacement of underground cables.
(3) Relation to land and resource management plans.--Any
authorized emergency action carried out under paragraph (2) on
National Forest System land shall be conducted consistent with the
applicable land and resource management plan.
(c) Environmental Analysis.--
(1) Environmental assessment or environmental impact
statement.--If the Secretary determines that an authorized
emergency action requires an environmental assessment or an
environmental impact statement pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the
Secretary shall study, develop, and describe--
(A) the proposed agency action, taking into account the
probable environmental consequences of the authorized emergency
action and mitigating foreseeable adverse environmental
effects, to the extent practicable; and
(B) the alternative of no action.
(2) Public notice.--The Secretary shall provide notice of each
authorized emergency action that the Secretary determines requires
an environmental assessment or environmental impact statement under
paragraph (1), in accordance with applicable regulations and
administrative guidelines.
(3) Public comment.--The Secretary shall provide an opportunity
for public comment during the preparation of any environmental
assessment or environmental impact statement under paragraph (1).
(4) Savings clause.--Nothing in this subsection prohibits the
Secretary from--
(A) making an emergency situation determination, including
a determination that an emergency exists pursuant to section
218.21(a) of title 36, Code of Federal Regulations (or
successor regulations); or
(B) taking an emergency action under section 220.4(b) of
title 36, Code of Federal Regulations (or successor
regulations).
(d) Administrative Review of Authorized Emergency Actions.--An
authorized emergency action carried out under this section shall not be
subject to objection under the predecisional administrative review
processes established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
(e) Judicial Review of Emergency Actions.--A court shall not enjoin
an authorized emergency action under this section if the court
determines that the plaintiff is unable to demonstrate that the claim
of the plaintiff is likely to succeed on the merits.
(f) Notification and Guidance.--The Secretary shall provide
notification and guidance to each local field office of the Forest
Service to ensure awareness of, compliance with, and appropriate use of
the authorized emergency action authority under this section.
SEC. 40808. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Chiefs.--The term ``Chiefs'' means the Chief of the Forest
Service and the Chief of the Natural Resources Conservation
Service.
(2) Eligible activity.--The term ``eligible activity'' means an
activity--
(A) to reduce the risk of wildfire;
(B) to protect water quality and supply; or
(C) to improve wildlife habitat for at-risk species.
(3) Program.--The term ``Program'' means the Joint Chiefs
Landscape Restoration Partnership program established under
subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(5) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--
(1) In general.--The Secretary shall establish a Joint Chiefs
Landscape Restoration Partnership program to improve the health and
resilience of forest landscapes across National Forest System land
and State, Tribal, and private land.
(2) Administration.--The Secretary shall administer the Program
by coordinating eligible activities conducted on National Forest
System land and State, Tribal, or private land across a forest
landscape to improve the health and resilience of the forest
landscape by--
(A) assisting producers and landowners in implementing
eligible activities on eligible private or Tribal land using
the applicable programs and authorities administered by the
Chief of the Natural Resources Conservation Service under title
XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.),
not including the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of that title (16
U.S.C. 3831 et seq.); and
(B) conducting eligible activities on National Forest
System land or assisting landowners in implementing eligible
activities on State, Tribal, or private land using the
applicable programs and authorities administered by the Chief
of the Forest Service.
(c) Selection of Eligible Activities.--The appropriate Regional
Forester and State Conservationist shall jointly submit to the Chiefs
on an annual basis proposals for eligible activities under the Program.
(d) Evaluation Criteria.--In evaluating and selecting proposals
submitted under subsection (c), the Chiefs shall consider--
(1) criteria including whether the proposal--
(A) reduces wildfire risk in a municipal watershed or the
wildland-urban interface;
(B) was developed through a collaborative process with
participation from diverse stakeholders;
(C) increases forest workforce capacity or forest business
infrastructure and development;
(D) leverages existing authorities and non-Federal funding;
(E) provides measurable outcomes; or
(F) supports established State and regional priorities; and
(2) such other criteria relating to the merits of the proposals
as the Chiefs determine to be appropriate.
(e) Outreach.--The Secretary shall provide--
(1) public notice on the websites of the Forest Service and the
Natural Resources Conservation Service describing--
(A) the solicitation of proposals under subsection (c); and
(B) the criteria for selecting proposals in accordance with
subsection (d); and
(2) information relating to the Program and activities funded
under the Program to States, Indian Tribes, units of local
government, and private landowners.
(f) Exclusions.--An eligible activity may not be carried out under
the Program--
(1) in a wilderness area or designated wilderness study area;
(2) in an inventoried roadless area;
(3) on any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is restricted
or prohibited; or
(4) in an area in which the eligible activity would be
inconsistent with the applicable land and resource management plan.
(g) Accountability.--
(1) Initial report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report providing recommendations to Congress relating to the
Program, including a review of--
(A) funding mechanisms for the Program;
(B) staff capacity to carry out the Program;
(C) privacy laws applicable to the Program;
(D) data collection under the Program;
(E) monitoring and outcomes under the Program; and
(F) such other matters as the Secretary considers to be
appropriate.
(2) Additional reports.--For each of fiscal years 2022 and
2023, the Chiefs shall submit to the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Appropriations of the
Senate and the Committee on Agriculture and the Committee on
Appropriations of the House of Representatives a report describing
projects for which funding is provided under the Program, including
the status and outcomes of those projects.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $90,000,000
for each of fiscal years 2022 and 2023.
(2) Additional funds.--In addition to the funds described in
paragraph (1), the Secretary may obligate available funds from
accounts used to carry out the existing Joint Chiefs' Landscape
Restoration Partnership prior to the date of enactment of this Act
to carry out the Program.
(3) Duration of availability.--Funds made available under
paragraph (1) shall remain available until expended.
(4) Distribution of funds.--Of the funds made available under
paragraph (1)--
(A) not less than 40 percent shall be allocated to carry
out eligible activities through the Natural Resources
Conservation Service;
(B) not less than 40 percent shall be allocated to carry
out eligible activities through the Forest Service; and
(C) the remaining funds shall be allocated by the Chiefs to
the Natural Resources Conservation Service or the Forest
Service--
(i) to carry out eligible activities; or
(ii) for other purposes, such as technical assistance,
project development, or local capacity building.
TITLE IX--WESTERN WATER INFRASTRUCTURE
SEC. 40901. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior, acting through the Commissioner of Reclamation (referred to
in this title as the ``Secretary''), for the period of fiscal years
2022 through 2026--
(1) $1,150,000,000 for water storage, groundwater storage, and
conveyance projects in accordance with section 40902, of which
$100,000,000 shall be made available to provide grants to plan and
construct small surface water and groundwater storage projects in
accordance with section 40903;
(2) $3,200,000,000 for the Aging Infrastructure Account
established by subsection (d)(1) of section 9603 of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b), to be made
available for activities in accordance with that subsection,
including major rehabilitation and replacement activities, as
identified in the Asset Management Report of the Bureau of
Reclamation dated April 2021, of which--
(A) $100,000,000 shall be made available for Bureau of
Reclamation reserved or transferred works that have suffered a
critical failure, in accordance with section 40904(a); and
(B) $100,000,000 shall be made available for the
rehabilitation, reconstruction, or replacement of a dam in
accordance with section 40904(b);
(3) $1,000,000,000 for rural water projects that have been
authorized by an Act of Congress before July 1, 2021, in accordance
with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401
et seq.);
(4) $1,000,000,000 for water recycling and reuse projects, of
which--
(A) $550,000,000 shall be made available for water
recycling and reuse projects authorized in accordance with the
Reclamation Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h et seq.) that are--
(i) authorized or approved for construction funding by
an Act of Congress before the date of enactment of this
Act; or
(ii) selected for funding under the competitive grant
program authorized pursuant to section 1602(f) of the
Reclamation Wastewater and Groundwater Study and Facilities
Act (43 U.S.C. 390h(f)), with funding under this
subparagraph to be provided in accordance with that
section, notwithstanding section 4013 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C.
390b note; Public Law 114-322), except that section
1602(g)(2) of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not
apply to amounts made available under this subparagraph;
and
(B) $450,000,000 shall be made available for large-scale
water recycling and reuse projects in accordance with section
40905;
(5) $250,000,000 for water desalination projects and studies
authorized in accordance with the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) that are--
(A) authorized or approved for construction funding by an
Act of Congress before July 1, 2021; or
(B) selected for funding under the program authorized
pursuant to section 4(a) of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298), with funding to be
made available under this paragraph in accordance with that
subsection, notwithstanding section 4013 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322), except that paragraph (2)(F) of
section 4(a) of the Water Desalination Act of 1996 (42 U.S.C.
10301 note; Public Law 104-298) (as redesignated by section
40908) shall not apply to amounts made available under this
paragraph;
(6) $500,000,000 for the safety of dams program, in accordance
with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et
seq.);
(7) $400,000,000 for WaterSMART grants in accordance with
section 9504 of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10364), of which $100,000,000 shall be made available for
projects that would improve the condition of a natural feature or
nature-based feature (as those terms are defined in section 9502 of
the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362));
(8) subject to section 40906, $300,000,000 for implementing the
Colorado River Basin Drought Contingency Plan, consistent with the
obligations of the Secretary under the Colorado River Drought
Contingency Plan Authorization Act (Public Law 116-14; 133 Stat.
850) and related agreements, of which $50,000,000 shall be made
available for use in accordance with the Drought Contingency Plan
for the Upper Colorado River Basin;
(9) $100,000,000 to provide financial assistance for watershed
management projects in accordance with subtitle A of title VI of
the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et
seq.);
(10) $250,000,000 for design, study, and construction of
aquatic ecosystem restoration and protection projects in accordance
with section 1109 of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260);
(11) $100,000,000 for multi-benefit projects to improve
watershed health in accordance with section 40907; and
(12) $50,000,000 for endangered species recovery and
conservation programs in the Colorado River Basin in accordance
with--
(A) Public Law 106-392 (114 Stat. 1602);
(B) the Grand Canyon Protection Act of 1992 (Public Law
102-575; 106 Stat. 4669); and
(C) subtitle E of title IX of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1327).
SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE
PROJECTS.
(a) Eligibility for Funding.--
(1) Feasibility studies.--
(A) In general.--A feasibility study shall only be eligible
for funding under section 40901(1) if--
(i) the feasibility study has been authorized by an Act
of Congress before the date of enactment of this Act;
(ii) Congress has approved funding for the feasibility
study in accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C.
390b note; Public Law 114-322) before the date of enactment
of this Act; or
(iii) the feasibility study is authorized under
subparagraph (B).
(B) Feasibility study authorizations.--The Secretary may
carry out feasibility studies for the following projects:
(i) The Verde Reservoirs Sediment Mitigation Project in
the State of Arizona.
(ii) The Tualatin River Basin Project in the State of
Oregon.
(2) Construction.--A project shall only be eligible for
construction funding under section 40901(1) if--
(A) an Act of Congress enacted before the date of enactment
of this Act authorizes construction of the project;
(B) Congress has approved funding for construction of the
project in accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322) before the date of enactment of this
Act, except for any project for which--
(i) Congress did not approve the recommendation of the
Secretary for funding under subsection (h)(2) of that
section for at least 1 fiscal year before the date of
enactment of this Act; or
(ii) State funding for the project was rescinded by the
State before the date of enactment of this Act; or
(C)(i) Congress has authorized or approved funding for a
feasibility study for the project in accordance with clause (i)
or (ii) of paragraph (1)(A) (except that projects described in
clauses (i) and (ii) of subparagraph (B) shall not be
eligible); and
(ii) on completion of the feasibility study for the
project, the Secretary--
(I) finds the project to be technically and financially
feasible in accordance with the reclamation laws;
(II) determines that sufficient non-Federal funding is
available for the non-Federal cost share of the project;
and
(III)(aa) finds the project to be in the public
interest; and
(bb) recommends the project for construction.
(b) Cost-sharing Requirement.--
(1) In general.--The Federal share--
(A) for a project authorized by an Act of Congress shall be
determined in accordance with that Act;
(B) for a project approved by Congress in accordance with
section 4007 of the Water Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public Law 114-322) (including
construction resulting from a feasibility study authorized
under that Act) shall be as provided in that Act; and
(C) for a project not described in subparagraph (A) or
(B)--
(i) in the case of a federally owned project, shall not
exceed 50 percent of the total cost of the project; and
(ii) in the case of a non-Federal project, shall not
exceed 25 percent of the total cost of the project.
(2) Federal benefits.--Before funding a project under this
section, the Secretary shall determine that, in return for the
Federal investment in the project, at least a proportionate share
of the benefits are Federal benefits.
(3) Reimbursability.--The reimbursability of Federal funding of
projects under this section shall be in accordance with the
reclamation laws.
(c) Environmental Laws.--In providing funding for a project under
this section, the Secretary shall comply with all applicable
environmental laws, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
(a) Establishment of a Competitive Grant Program for Small Water
Storage and Groundwater Storage Projects.--The Secretary shall
establish a competitive grant program, under which the non-Federal
project sponsor of any project in a Reclamation State, including the
State of Alaska or Hawaii, determined by the Secretary to be feasible
under subsection (b)(2)(B) shall be eligible to apply for funding for
the planning, design, and construction of the project.
(b) Eligibility and Selection.--
(1) Submission to the secretary.--
(A) In general.--A non-Federal project sponsor described in
subsection (a) may submit to the Secretary a proposal for a
project eligible to receive a grant under this section in the
form of a completed feasibility study.
(B) Eligible projects.--A project shall be considered
eligible for consideration for a grant under this section if
the project--
(i) has water storage capacity of not less than 2,000
acre-feet and not more than 30,000 acre-feet; and
(ii)(I) increases surface water or groundwater storage;
or
(II) conveys water, directly or indirectly, to or from
surface water or groundwater storage.
(C) Guidelines.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall issue guidelines for
feasibility studies for small storage projects to provide
sufficient information for the formulation of the studies.
(2) Review by the secretary.--The Secretary shall review each
feasibility study received under paragraph (1)(A) for the purpose
of determining whether--
(A) the feasibility study, and the process under which the
study was developed, each comply with Federal laws (including
regulations) applicable to feasibility studies of small storage
projects;
(B) the project is technically and financially feasible, in
accordance with--
(i) the guidelines developed under paragraph (1)(C);
and
(ii) the reclamation laws; and
(C) the project provides a Federal benefit, as determined
by the Secretary.
(3) Submission to congress.--Not later than 180 days after the
date of receipt of a feasibility study received under paragraph
(1)(A), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes--
(A) the results of the review of the study by the Secretary
under paragraph (2), including a determination of whether the
project is feasible and provides a Federal benefit;
(B) any recommendations that the Secretary may have
concerning the plan or design of the project; and
(C) any conditions the Secretary may require for
construction of the project.
(4) Eligibility for funding.--
(A) In general.--The non-Federal project sponsor of any
project determined by the Secretary to be feasible under
paragraph (3)(A) shall be eligible to apply to the Secretary
for a grant to cover the Federal share of the costs of
planning, designing, and constructing the project pursuant to
subsection (c).
(B) Required determination.--Prior to awarding grants to a
small storage project, the Secretary shall determine whether
there is sufficient non-Federal funding available to complete
the project.
(5) Priority.--In awarding grants to projects under this
section, the Secretary shall give priority to projects that meet 1
or more of the following criteria:
(A) Projects that are likely to provide a more reliable
water supply for States, Indian Tribes, and local governments,
including subdivisions of those entities.
(B) Projects that are likely to increase water management
flexibility and reduce impacts on environmental resources from
projects operated by Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits, including
water supply reliability, ecosystem benefits, groundwater
management and enhancements, and water quality improvements.
(c) Ceiling on Federal Share.--The Federal share of the costs of
each of the individual projects selected under this section shall not
exceed the lesser of--
(1) 25 percent of the total project cost; or
(2) $30,000,000.
(d) Environmental Laws.--In providing funding for a grant for a
project under this section, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
(a) Critical Failure at a Reserved or Transferred Work.--
(1) In general.--A reserved or transferred work shall only be
eligible for funding under section 40901(2)(A) if--
(A) construction of the reserved or transferred work began
on or before January 1, 1915; and
(B) a unit of the reserved or transferred work suffered a
critical failure in Bureau of Reclamation infrastructure during
the 2-year period ending on the date of enactment of this Act
that resulted in the failure to deliver water to project
beneficiaries.
(2) Use of funds.--Rehabilitation, repair, and replacement
activities for a transferred or reserved work using amounts made
available under section 40901(2)(A) may be used for the entire
transferred or reserved work, regardless of whether the critical
failure was limited to a single project of the overall work.
(3) Nonreimbursable funds.--Notwithstanding section 9603(b) of
the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)),
amounts made available to a reserved or transferred work under
section 40901(2)(A) shall be nonreimbursable to the United States.
(b) Carey Act Projects.--The Secretary shall use amounts made
available under section 40901(2)(B) to fund the rehabilitation,
reconstruction, or replacement of a dam--
(1) the construction of which began on or after January 1,
1905;
(2) that was developed pursuant to section 4 of the Act of
August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C.
641; 28 Stat. 422, chapter 301);
(3) that the Governor of the State in which the dam is located
has--
(A) determined the dam has reached its useful life;
(B) determined the dam poses significant health and safety
concerns; and
(C) requested Federal support; and
(4) for which the estimated rehabilitation, reconstruction, or
replacement, engineering, and permitting costs would exceed
$50,000,000.
SEC. 40905. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING
AND REUSE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, municipality, irrigation
district, water district, wastewater district, or other
organization with water or power delivery authority;
(B) a State, regional, or local authority, the members of
which include 1 or more organizations with water or power
delivery authority; or
(C) an agency established under State law for the joint
exercise of powers or a combination of entities described in
subparagraphs (A) and (B).
(2) Eligible project.--The term ``eligible project'' means a
project described in subsection (c).
(3) Program.--The term ``program'' means the grant program
established under subsection (b).
(4) Reclamation state.--The term ``Reclamation State'' means a
State or territory described in the first section of the Act of
June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible entities on a competitive basis for the
planning, design, and construction of large-scale water recycling and
reuse projects that provide substantial water supply and other benefits
to the Reclamation States in accordance with this section.
(c) Eligible Project.--A project shall be eligible for a grant
under this section if the project--
(1) reclaims and reuses--
(A) municipal, industrial, domestic, or agricultural
wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible
entity; and
(5) provides a Federal benefit in accordance with the
reclamation laws.
(d) Project Evaluation.--The Secretary may provide a grant to an
eligible project under the program if--
(1) the eligible entity determines through the preparation of a
feasibility study or equivalent study, and the Secretary concurs,
that the eligible project--
(A) is technically and financially feasible;
(B) provides a Federal benefit in accordance with the
reclamation laws; and
(C) is consistent with applicable Federal and State laws;
(2) the eligible entity has sufficient non-Federal funding
available to complete the eligible project, as determined by the
Secretary;
(3) the eligible entity is financially solvent, as determined
by the Secretary; and
(4) not later than 30 days after the date on which the
Secretary concurs with the determinations under paragraph (1) with
respect to the eligible project, the Secretary submits to Congress
written notice of the determinations.
(e) Priority.--In providing grants to eligible projects under the
program, the Secretary shall give priority to eligible projects that
meet 1 or more of the following criteria:
(1) The eligible project provides multiple benefits,
including--
(A) water supply reliability benefits for drought-stricken
States and communities;
(B) fish and wildlife benefits; and
(C) water quality improvements.
(2) The eligible project is likely to reduce impacts on
environmental resources from water projects owned or operated by
Federal and State agencies, including through measurable reductions
in water diversions from imperiled ecosystems.
(3) The eligible project would advance water management plans
across a multi-State area, such as drought contingency plans in the
Colorado River Basin.
(4) The eligible project is regional in nature.
(5) The eligible project is collaboratively developed or
supported by multiple stakeholders.
(f) Federal Assistance.--
(1) Federal cost share.--The Federal share of the cost of any
project provided a grant under the program shall not exceed 25
percent of the total cost of the eligible project.
(2) Total dollar cap.--The Secretary shall not impose a total
dollar cap on Federal contributions for all eligible individual
projects provided a grant under the program.
(3) Nonreimbursable funds.--Any funds provided by the Secretary
to an eligible entity under the program shall be considered
nonreimbursable.
(4) Funding eligibility.--An eligible project shall not be
considered ineligible for assistance under the program because the
eligible project has received assistance under--
(A) the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h et seq.);
(B) section 4(a) of the Water Desalination Act of 1996 (42
U.S.C. 10301 note; Public Law 104-298) for eligible
desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
(g) Environmental Laws.--In providing a grant for an eligible
project under the program, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue guidance on the implementation of
the program, including guidelines for the preparation of feasibility
studies or equivalent studies by eligible entities.
(i) Reports.--
(1) Annual report.--At the end of each fiscal year, the
Secretary shall make available on the website of the Department of
the Interior an annual report that lists each eligible project for
which a grant has been awarded under this section during the fiscal
year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under this
section.
(B) Report.--Not later than 1 year after the date of the
initial award of grants under this section, the Comptroller
General shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes--
(i) the adequacy and effectiveness of the process by
which each eligible project was selected, if applicable;
and
(ii) the justification and criteria used for the
selection of each eligible project, if applicable.
(j) Treatment of Conveyance.--The Secretary shall consider the
planning, design, and construction of a conveyance system for an
eligible project to be eligible for grant funding under the program.
(k) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 40906. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.
(a) In General.--Funds made available under section 40901(8) for
use in the Lower Colorado River Basin may be used for projects--
(1) to establish or conserve recurring Colorado River water
that contributes to supplies in Lake Mead and other Colorado River
water reservoirs in the Lower Colorado River Basin; or
(2) to improve the long-term efficiency of operations in the
Lower Colorado River Basin.
(b) Limitation.--None of the funds made available under section
40901(8) may be used for the operation of the Yuma Desalting Plant.
(c) Effect.--Nothing in section 40901(8) limits existing or future
opportunities to augment the water supplies of the Colorado River.
SEC. 40907. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
(a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) Establishment of Competitive Grant Program.--Not later than 1
year after the date of enactment of this Act, the Secretary, in
consultation with the heads of relevant agencies, shall establish a
competitive grant program under which the Secretary shall award grants
to eligible applicants for the design, implementation, and monitoring
of conservation outcomes of habitat restoration projects that improve
watershed health in a river basin that is adversely impacted by a
Bureau of Reclamation water project by accomplishing 1 or more of the
following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to fish
and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence, or
Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) Requirements.--
(1) In general.--In awarding a grant to an eligible applicant
under subsection (b), the Secretary--
(A) shall give priority to an eligible applicant that would
carry out a habitat restoration project that achieves more than
1 of the benefits described in that subsection; and
(B) may not provide a grant to carry out a habitat
restoration project the purpose of which is to meet existing
environmental mitigation or compliance obligations under
Federal or State law.
(2) Compliance.--A habitat restoration project awarded a grant
under subsection (b) shall comply with all applicable Federal and
State laws.
(d) Cost-sharing Requirement.--The Federal share of the cost of any
habitat restoration project that is awarded a grant under subsection
(b)--
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that provides
benefits to ecological or recreational values in which the
nonconsumptive water conservation benefit or habitat restoration
benefit accounts for at least 75 percent of the cost of the habitat
restoration project, as determined by the Secretary, shall not
exceed 75 percent of the cost of the habitat restoration project.
SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by redesignating the second
paragraph (1) (relating to eligible desalination projects) as paragraph
(2).
SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL
RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT FOR
AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS.
(a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end
the following:
``(4) Use of funds to satisfy non-federal matching requirements
for authorized bureau of reclamation water projects.--Funds
provided under this section for an authorized Bureau of Reclamation
project may be used for purposes of satisfying any non-Federal
matching requirement required for the project.''.
(b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end
the following:
``(5) Use of funds to satisfy non-federal matching, maintenance
of effort, or other expenditure requirement.--Funds provided under
this section for an authorized Bureau of Reclamation project may be
used for purposes of satisfying any non-Federal matching
requirement required for the project.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 9901 of the American
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223).
SEC. 40910. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER
STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS.
(a) In General.--The Secretary, at the request of and in
coordination with affected Indian Tribes, States (including
subdivisions and departments of a State), or a public agency organized
pursuant to State law, may provide technical or financial assistance
for, participate in, and enter into agreements (including agreements
with irrigation entities) for--
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; or
(3) water source substitution for aquifer protection projects.
(b) Limitation.--Nothing in this section authorizes additional
technical or financial assistance for, or participation in an agreement
for, a surface water storage facility to be constructed or expanded.
(c) Requirement.--A construction project shall only be eligible for
financial assistance under this section if the project meets the
conditions for funding under section 40902(a)(2)(C)(ii).
(d) Cost Sharing.--Cost sharing for a project funded under this
section shall be in accordance with section 40902(b).
(e) Environmental Laws.--In providing funding for a project under
this section, the Secretary shall comply with all applicable
environmental laws, including --
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) any obligations for fish, wildlife, or water quality
protection in permits or licenses granted by a Federal agency or a
State; and
(3) any applicable Federal or State laws (including
regulations).
(f) Authorization by Congress for Major Project Construction.--A
project with a total estimated cost of $500,000,000 or more shall only
be eligible for construction funding under this section if the project
is authorized for construction by an Act of Congress.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
(a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C.
17232(c)) $355,000,000 for the period of fiscal years 2022 through
2025.
(b) Long-duration Demonstration Initiative and Joint Program.--
There is authorized to be appropriated to the Secretary to carry out
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C.
17232(d)) $150,000,000 for the period of fiscal years 2022 through
2025.
SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out activities under section
959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to
the funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
(1) $511,000,000 for fiscal year 2022;
(2) $506,000,000 for fiscal year 2023;
(3) $636,000,000 for fiscal year 2024;
(4) $824,000,000 for fiscal year 2025;
(5) $453,000,000 for fiscal year 2026; and
(6) $281,000,000 for fiscal year 2027.
(b) Technical Corrections.--
(1) Definition of advanced nuclear reactor.--Section 951(b)(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)) is
amended--
(A) in subparagraph (A)(xi), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) a radioisotope power system that utilizes heat from
radioactive decay to generate energy.''.
(2) Nuclear energy university program funding.--Section
954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(6))
is amended by inserting ``, excluding funds appropriated for the
Advanced Reactor Demonstration Program of the Department,'' after
``annually''.
SEC. 41003. MINERAL SECURITY PROJECTS.
(a) National Geological and Geophysical Data Preservation
Program.--There are authorized to be appropriated to the Secretary of
the Interior to carry out activities under section 351 of the Energy
Policy Act of 2005 (42 U.S.C. 15908)--
(1) $8,668,000 for fiscal year 2022; and
(2) $5,000,000 for each of fiscal years 2023 through 2025.
(b) Rare Earth Mineral Security.--There are authorized to be
appropriated to the Secretary to carry out activities under section
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
(1) $23,000,000 for fiscal year 2022;
(2) $24,200,000 for fiscal year 2023;
(3) $25,400,000 for fiscal year 2024;
(4) $26,600,000 for fiscal year 2025; and
(5) $27,800,000 for fiscal year 2026.
(c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C.
1606(g))--
(1) $230,000,000 for fiscal year 2022;
(2) $100,000,000 for fiscal year 2023; and
(3) $135,000,000 for each of fiscal years 2024 and 2025.
(d) Critical Material Supply Chain Research Facility.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
(1) $40,000,000 for fiscal year 2022; and
(2) $35,000,000 for fiscal year 2023.
SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
(a) Carbon Capture Large-scale Pilot Projects.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(B))--
(1) $387,000,000 for fiscal year 2022;
(2) $200,000,000 for fiscal year 2023;
(3) $200,000,000 for fiscal year 2024; and
(4) $150,000,000 for fiscal year 2025.
(b) Carbon Capture Demonstration Projects Program.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(C))--
(1) $937,000,000 for fiscal year 2022;
(2) $500,000,000 for each of fiscal years 2023 and 2024; and
(3) $600,000,000 for fiscal year 2025.
SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
(a) Precommercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(A) of the
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for
fiscal year 2022.
(b) Commercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for
fiscal year 2022.
SEC. 41006. WATER POWER PROJECTS.
(a) Hydropower and Marine Energy.--There are authorized to be
appropriated to the Secretary--
(1) to carry out activities under section 634 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17213),
$36,000,000 for the period of fiscal years 2022 through 2025; and
(2) to carry out activities under section 635 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17214),
$70,400,000 for the period of fiscal years 2022 through 2025.
(b) National Marine Energy Centers.--There is authorized to be
appropriated to the Secretary to carry out activities under section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215)
$40,000,000 for the period of fiscal years 2022 through 2025.
SEC. 41007. RENEWABLE ENERGY PROJECTS.
(a) Geothermal Energy.--There is authorized to be appropriated to
the Secretary to carry out activities under section 615(d) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d))
$84,000,000 for the period of fiscal years 2022 through 2025.
(b) Wind Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3003(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the
period of fiscal years 2022 through 2025; and
(2) to carry out activities under section 3003(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the
period of fiscal years 2022 through 2025.
(c) Solar Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3004(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the
period of fiscal years 2022 through 2025;
(2) to carry out activities under section 3004(b)(3) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the
period of fiscal years 2022 through 2025; and
(3) to carry out activities under section 3004(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the
period of fiscal years 2022 through 2025.
(d) Clarification.--Amounts authorized to be appropriated under
subsection (b) are authorized to be a part of, and not in addition to,
any amounts authorized to be appropriated by section 3003(b)(7) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
There are authorized to be appropriated to the Secretary to carry
out activities under section 454(d)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17113(d)(3))--
(1) $100,000,000 for each of fiscal years 2022 and 2023; and
(2) $150,000,000 for each of fiscal years 2024 and 2025.
TITLE XI--WAGE RATE REQUIREMENTS
SEC. 41101. WAGE RATE REQUIREMENTS.
(a) Davis-Bacon.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work on a project assisted in whole or in part by
funding made available under this division or an amendment made by this
division shall be paid wages at rates not less than those prevailing on
similar projects in the locality, as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the ``Davis-Bacon Act'').
(b) Authority.--With respect to the labor standards specified in
subsection (a), 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.
TITLE XII--MISCELLANEOUS
SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
demonstration project of the Department that--
(A) receives or is eligible to receive funding from the
Secretary; and
(B) is authorized under--
(i) this division; or
(ii) the Energy Act of 2020 (Public Law 116-260; 134
Stat. 1182).
(2) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary, in coordination with the heads
of relevant program offices of the Department, shall establish a
program to conduct project management and oversight of covered
projects, including by--
(1) conducting evaluations of proposals for covered projects
before the selection of a covered project for funding;
(2) conducting independent oversight of the execution of a
covered project after funding has been awarded for that covered
project; and
(3) ensuring a balanced portfolio of investments in covered
projects.
(c) Duties.--The Secretary shall appoint a head of the program who
shall, in coordination with the heads of relevant program offices of
the Department--
(1) evaluate proposals for covered projects, including scope,
technical specifications, maturity of design, funding profile,
estimated costs, proposed schedule, proposed technical and
financial milestones, and potential for commercial success based on
economic and policy projections;
(2) develop independent cost estimates for a proposal for a
covered project, if appropriate;
(3) recommend to the head of a program office of the
Department, as appropriate, whether to fund a proposal for a
covered project;
(4) oversee the execution of covered projects that receive
funding from the Secretary, including reconciling estimated costs
as compared to actual costs;
(5) conduct reviews of ongoing covered projects, including--
(A) evaluating the progress of a covered project based on
the proposed schedule and technical and financial milestones;
and
(B) providing the evaluations under subparagraph (A) to the
Secretary; and
(6) assess the lessons learned in overseeing covered projects
and implement improvements in the process of evaluating and
overseeing covered projects.
(d) Employees.--To carry out the program, the Secretary may hire
appropriate personnel to perform the duties of the program.
(e) Coordination.--In carrying out the program, the head of the
program shall coordinate with--
(1) project management and acquisition management entities with
the Department, including the Office of Project Management; and
(2) professional organizations in project management,
construction, cost estimation, and other relevant fields.
(f) Reports.--
(1) Report by secretary.--The Secretary shall include in each
updated technology transfer execution plan submitted under
subsection (h)(2) of section 1001 of the Energy Policy Act of 2005
(42 U.S.C. 16391) information on the implementation of and progress
made under the program, including, for the year covered by the
report--
(A) the covered projects under the purview of the program;
and
(B) the review of each covered project carried out under
subsection (c)(5).
(2) Report by comptroller general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report
evaluating the operation of the program, including--
(A) a description of the processes and procedures used by
the program to evaluate proposals of covered projects and the
oversight of covered projects; and
(B) any recommended changes in the program, including
changes to--
(i) the processes and procedures described in
subparagraph (A); and
(ii) the structure of the program, for the purpose of
better carrying out the program.
(g) Technical Amendment.--Section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) is amended by redesignating the second
subsections (f) (relating to planning and reporting) and (g) (relating
to additional technology transfer programs) as subsections (h) and (i),
respectively.
SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Definition of Full Funding Amount.--Section 3(11) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7102(11)) is amended by striking subparagraphs (D) and (E) and
inserting the following:
``(D) for fiscal year 2017, the amount that is equal to 95
percent of the full funding amount for fiscal year 2015;
``(E) for each of fiscal years 2018 through 2020, the
amount that is equal to 95 percent of the full funding amount
for the preceding fiscal year; and
``(F) for fiscal year 2021 and each fiscal year thereafter,
the amount that is equal to the full funding amount for fiscal
year 2017.''.
(b) Secure Payments for States and Counties Containing Federal
Land.--
(1) Secure payments.--Section 101 of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is
amended, in subsections (a) and (b), by striking ``2015, 2017,
2018, 2019, and 2020'' each place it appears and inserting ``2015
and 2017 through 2023''.
(2) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2020'' and inserting ``2023''.
(c) Pilot Program To Streamline Nomination of Members of Resource
Advisory Committees.--Section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by
striking subsection (g) and inserting the following:
``(g) Resource Advisory Committee Appointment Pilot Programs.--
``(1) Definitions.--In this subsection:
``(A) Applicable designee.--The term `applicable designee'
means the applicable regional forester.
``(B) National pilot program.--The term `national pilot
program' means the national pilot program established under
paragraph (4)(A).
``(C) Regional pilot program.--The term `regional pilot
program' means the regional pilot program established under
paragraph (3)(A).
``(2) Establishment of pilot programs.--In accordance with
paragraphs (3) and (4), the Secretary concerned shall carry out 2
pilot programs to appoint members of resource advisory committees.
``(3) Regional pilot program.--
``(A) In general.--The Secretary concerned shall carry out
a regional pilot program to allow an applicable designee to
appoint members of resource advisory committees.
``(B) Geographic limitation.--The regional pilot program
shall only apply to resource advisory committees chartered in--
``(i) the State of Montana; and
``(ii) the State of Arizona.
``(C) Responsibilities of applicable designee.--
``(i) Review.--Before appointing a member of a resource
advisory committee under the regional pilot program, an
applicable designee shall conduct the review and analysis
that would otherwise be conducted for an appointment to a
resource advisory committee if the regional pilot program
was not in effect, including any review and analysis with
respect to civil rights and budgetary requirements.
``(ii) Savings clause.--Nothing in this paragraph
relieves an applicable designee from any requirement
developed by the Secretary concerned for making an
appointment to a resource advisory committee that is in
effect on December 20, 2018, including any requirement for
advertising a vacancy.
``(4) National pilot program.--
``(A) In general.--The Secretary concerned shall carry out
a national pilot program to allow the Chief of the Forest
Service or the Director of the Bureau of Land Management, as
applicable, to submit to the Secretary concerned nominations of
individuals for appointment as members of resource advisory
committees.
``(B) Appointment.--Under the national pilot program,
subject to subparagraph (C), not later than 30 days after the
date on which a nomination is transmitted to the Secretary
concerned under subparagraph (A), the Secretary concerned
shall--
``(i) appoint the nominee to the applicable resource
advisory committee; or
``(ii) reject the nomination.
``(C) Automatic appointment.--If the Secretary concerned
does not act on a nomination in accordance with subparagraph
(B) by the date described in that subparagraph, the nominee
shall be deemed appointed to the applicable resource advisory
committee.
``(D) Geographic limitation.--The national pilot program
shall apply to a resource advisory committee chartered in any
State other than--
``(i) the State of Montana; or
``(ii) the State of Arizona.
``(E) Savings clause.--Nothing in this paragraph relieves
the Secretary concerned from any requirement relating to an
appointment to a resource advisory committee, including any
requirement with respect to civil rights or advertising a
vacancy.
``(5) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2023.
``(6) Report to congress.--Not later 180 days after the date
described in paragraph (5), the Secretary concerned shall submit to
Congress a report that includes--
``(A) with respect to appointments made under the regional
pilot program compared to appointments made under the national
pilot program, a description of the extent to which--
``(i) appointments were faster or slower; and
``(ii) the requirements described in paragraph
(3)(C)(i) differ; and
``(B) a recommendation with respect to whether Congress
should terminate, continue, modify, or expand the pilot
programs.''.
(d) Extension of Authority To Conduct Special Projects on Federal
Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 2021''
each place it appears and inserting ``December 20, 2023''.
(2) Extension of authority.--Section 208 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7128) is amended--
(A) in subsection (a), by striking ``2022'' and inserting
``2025''; and
(B) in subsection (b), by striking ``2023'' and inserting
``2026''.
(e) Access to Broadband and Other Technology.--Section 302(a) of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7142(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to provide or expand access to--
``(A) broadband telecommunications services at local
schools; or
``(B) the technology and connectivity necessary for
students to use a digital learning tool at or outside of a
local school campus.''.
(f) Extension of Authority To Expend County Funds.--Section 304 of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2022'' and inserting
``2025''; and
(2) in subsection (b), by striking ``2023'' and inserting
``2026''.
(g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
(1) by redesignating section 304 as section 305; and
(2) by inserting after section 303 the following:
``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF
FUNDS.
``(a) Amounts Obligated but Unspent.--Any county funds that were
obligated by the applicable participating county before October 1,
2017, but are unspent on October 1, 2020--
``(1) may, at the option of the participating county, be deemed
to have been reserved by the participating county on October 1,
2020, for expenditure in accordance with this title; and
``(2)(A) may be used by the participating county for any
authorized use under section 302(a); and
``(B) on a determination by the participating county under
subparagraph (A) to use the county funds, shall be available for
projects initiated after October 1, 2020, subject to section 305.
``(b) Prohibition on Use of Funds.--Notwithstanding any other
provision of law, effective beginning on the date of enactment of the
Infrastructure Investment and Jobs Act, no county funds made available
under this title may be used by any participating county for any
lobbying activity, regardless of the purpose for which the funds are
obligated on or before that date.''.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Drinking Water and Wastewater
Infrastructure Act of 2021''.
SEC. 50002. DEFINITION OF ADMINISTRATOR.
In this division, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
TITLE I--DRINKING WATER
SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES AFFECTING
PUBLIC WATER SYSTEMS.
Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is
amended--
(1) in subsection (a), by adding at the end the following:
``(11) Compliance Evaluation.--
``(A) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Administrator shall--
``(i) evaluate, based on the compliance data found in the
Safe Drinking Water Information System of the Administrator,
the compliance of community water systems and wastewater
systems with environmental, health, and safety requirements
under this title, including water quality sampling, testing,
and reporting requirements; and
``(ii) submit to Congress a report describing trends seen
as a result of the evaluation under clause (i), including
trends that demonstrate how the characteristics of community
water systems and wastewater systems correlate to trends in
compliance or noncompliance with the requirements described in
that clause.
``(B) Requirement.--To the extent practicable, in carrying out
subparagraph (A), the Administrator shall determine whether, in
aggregate, community water systems and wastewater systems maintain
asset management plans.'';
(2) in subsection (b), in the first sentence--
(A) by inserting ``(including an emergency situation
resulting from a cybersecurity event)'' after ``emergency
situation''; and
(B) by inserting ``, including a threat to public health
resulting from contaminants, such as, but not limited to,
heightened exposure to lead in drinking water'' after ``public
health'';
(3) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $35,000,000 for each of fiscal
years 2022 through 2026.'';
(4) in subsection (e), by striking paragraph (5) and inserting
the following:
``(5) Authorization of appropriations.--There is authorized to
be appropriated to the Administrator to carry out this subsection
$15,000,000 for each of fiscal years 2022 through 2026.'';
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
``(f) State-based Nonprofit Organizations.--
``(1) In general.--The Administrator may provide technical
assistance consistent with the authority provided under subsection
(e) to State-based nonprofit organizations that are governed by
community water systems.
``(2) Communication.--Each State-based nonprofit organization
that receives funding under paragraph (1) shall, before using that
funding to undertake activities to carry out this subsection,
consult with the State in which the assistance is to be expended or
otherwise made available.''.
SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
(a) Drinking Water State Revolving Funds Capitalization Grant
Reauthorization.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended--
(1) in subsection (a)(4)(A), by striking ``During fiscal years
2019 through 2023, funds'' and inserting ``Funds'';
(2) in subsection (m)(1) --
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $2,400,000,000 for fiscal year 2022;
``(E) $2,750,000,000 for fiscal year 2023;
``(F) $3,000,000,000 for fiscal year 2024; and
``(G) $3,250,000,000 for each of fiscal years 2025 and
2026.''; and
(3) in subsection (q), by striking ``2016 through 2021'' and
inserting ``2022 through 2026''.
(b) Assistance for Disadvantaged Communities.--Section 1452(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``Notwithstanding any'' and inserting the
following:
``(A) In general.--Notwithstanding any'';
(B) in subparagraph (A) (as so designated), by inserting
``, grants, negative interest loans, other loan forgiveness,
and through buying, refinancing, or restructuring debt'' after
``forgiveness of principal''; and
(C) by adding at the end the following:
``(B) Exclusion.--A loan from a State loan fund with an
interest rate equal to or greater than 0 percent shall not be
considered additional subsidization for purposes of this
subsection.''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to the extent that there are sufficient applications
for loans to communities described in paragraph (1), may not be
less than 12 percent.''.
SEC. 50103. SOURCE WATER PETITION PROGRAM.
Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), in the matter preceding clause
(i), by striking ``political subdivision of a State,'' and
inserting ``political subdivision of a State (including a
county that is designated by the State to act on behalf of an
unincorporated area within that county, with the agreement of
that unincorporated area),'';
(B) in paragraph (4)(D)(i), by inserting ``(including a
county that is designated by the State to act on behalf of an
unincorporated area within that county)'' after ``of the
State''; and
(C) by adding at the end the following:
``(5) Savings provision.--Unless otherwise provided within the
agreement, an agreement between an unincorporated area and a county
for the county to submit a petition under paragraph (1)(A) on
behalf of the unincorporated area shall not authorize the county to
act on behalf of the unincorporated area in any matter not within a
program under this section.''; and
(2) in subsection (e), in the first sentence, by striking
``2021'' and inserting ``2026''.
SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) Existing Programs.--Section 1459A of the Safe Drinking Water
Act (42 U.S.C. 300j-19a) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) the purchase of point-of-entry or point-of-use
filters and filtration systems that are certified by a third
party using science-based test methods for the removal of
contaminants of concern;
``(E) investments necessary for providing accurate and
current information about--
``(i) the need for filtration and filter safety,
including proper use and maintenance practices; and
``(ii) the options for replacing lead service lines (as
defined in section 1459B(a)) and removing other sources of
lead in water; and
``(F) entering into contracts, including contracts with
nonprofit organizations that have water system technical
expertise, to assist--
``(i) an eligible entity; or
``(ii) the State of an eligible entity, on behalf of
that eligible entity.'';
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``An eligible entity'' and inserting ``Except for
purposes of subsections (j) and (m), an eligible entity'';
(3) in subsection (g)(1), by striking ``to pay not less than 45
percent'' and inserting ``except as provided in subsection (l)(5)
and subject to subsection (h), to pay not less than 10 percent'';
(4) by striking subsection (k) and inserting the following:
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsections (a) through (j)--
``(1) $70,000,000 for fiscal year 2022;
``(2) $80,000,000 for fiscal year 2023;
``(3) $100,000,000 for fiscal year 2024;
``(4) $120,000,000 for fiscal year 2025; and
``(5) $140,000,000 for fiscal year 2026.''; and
(5) in subsection (l)--
(A) in paragraph (2)--
(i) by striking ``The Administrator may'' and inserting
``The Administrator shall''; and
(ii) by striking ``fiscal years 2019 and 2020'' and
inserting ``fiscal years 2022 through 2026'';
(B) in paragraph (5), by striking ``$4,000,000 for each of
fiscal years 2019 and 2020'' and inserting ``$25,000,000 for
each of fiscal years 2022 through 2026'';
(C) by redesignating paragraph (5) as paragraph (6); and
(D) by inserting after paragraph (4) the following:
``(5) Federal share for small, rural, and disadvantaged
communities.--
``(A) In general.--Subject to subparagraph (B), with
respect to a program or project that serves an eligible entity
and is carried out using a grant under this subsection, the
Federal share of the cost of the program or project shall be 90
percent.
``(B) Waiver.--The Administrator may increase the Federal
share under subparagraph (A) to 100 percent if the
Administrator determines that an eligible entity is unable to
pay, or would experience significant financial hardship if
required to pay, the non-Federal share.''.
(b) Connection to Public Water Systems.--Section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end
the following:
``(m) Connection to Public Water Systems.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) an owner or operator of a public water system
that assists or is seeking to assist eligible individuals
with connecting the household of the eligible individual to
the public water system; or
``(ii) a nonprofit entity that assists or is seeking to
assist eligible individuals with the costs associated with
connecting the household of the eligible individual to a
public water system.
``(B) Eligible individual.--The term `eligible individual'
has the meaning given the term in section 603(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(j)).
``(C) Program.--The term `program' means the competitive
grant program established under paragraph (2).
``(2) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a competitive
grant program for the purpose of improving the general welfare
under which the Administrator awards grants to eligible entities to
provide funds to assist eligible individuals in covering the costs
incurred by the eligible individual in connecting the household of
the eligible individual to a public water system.
``(3) Application.--An eligible entity seeking a grant under
the program shall submit to the Administrator an application at
such time, in such manner, and containing such information as the
Administrator may require.
``(4) Voluntary connection.--Before providing funds to an
eligible individual for the costs described in paragraph (2), an
eligible entity shall ensure and certify to the Administrator
that--
``(A) the eligible individual is voluntarily seeking
connection to the public water system;
``(B) if the eligible entity is not the owner or operator
of the public water system to which the eligible individual
seeks to connect, the public water system to which the eligible
individual seeks to connect has agreed to the connection; and
``(C) the connection of the household of the eligible
individual to the public water system meets all applicable
local and State regulations, requirements, and codes.
``(5) Report.--Not later than 3 years after the date of
enactment of this subsection, the Administrator shall submit to
Congress a report that describes the implementation of the program,
which shall include a description of the use and deployment of
amounts made available under the program.
``(6) Authorization of appropriations.--There is authorized to
be appropriated to carry out the program $20,000,000 for each of
fiscal years 2022 through 2026.''.
(c) Competitive Grant Pilot Program.--Section 1459A of the Safe
Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b))
is amended by adding at the end the following:
``(n) State Competitive Grants for Underserved Communities.--
``(1) In general.--In addition to amounts authorized to be
appropriated under subsection (k), there is authorized to be
appropriated to carry out subsections (a) through (j) $50,000,000
for each of fiscal years 2022 through 2026 in accordance with
paragraph (2).
``(2) Competitive grants.--
``(A) In general.--Notwithstanding any other provision of
this section, the Administrator shall distribute amounts made
available under paragraph (1) to States through a competitive
grant program.
``(B) Applications.--To seek a grant under the competitive
grant program under subparagraph (A), a State shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(C) Criteria.--In selecting recipients of grants under
the competitive grant program under subparagraph (A), the
Administrator shall establish criteria that give priority to
States with a high proportion of underserved communities that
meet the condition described in subsection (a)(2)(A).
``(3) Report.--Not later than 2 years after the date of
enactment of this subsection, the Administrator shall submit to
Congress a report that describes the implementation of the
competitive grant program under paragraph (2)(A), which shall
include a description of the use and deployment of amounts made
available under the competitive grant program.
``(4) Savings provision.--Nothing in this paragraph affects the
distribution of amounts made available under subsection (k),
including any methods used by the Administrator for distribution of
amounts made available under that subsection as in effect on the
day before the date of enactment of this subsection.''.
SEC. 50105. REDUCING LEAD IN DRINKING WATER.
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraph (D) and
inserting the following:
``(D) a qualified nonprofit organization with experience in
lead reduction, as determined by the Administrator; and'';
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``publicly owned''; and
(ii) by striking clause (iii) and inserting the
following:
``(iii) providing assistance to eligible entities to
replace lead service lines, with priority for disadvantaged
communities based on the affordability criteria established
by the applicable State under section 1452(d)(3), low-
income homeowners, and landlords or property owners
providing housing to low-income renters.''; and
(C) in paragraph (3), by striking ``an individual
provided'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``to provide
assistance'' and all that follows through the period at the
end and inserting ``to replace lead service lines, with
first priority given to assisting disadvantaged communities
based on the affordability criteria established by the
applicable State under section 1452(d)(3), low-income
homeowners, and landlords or property owners providing
housing to low-income renters.''; and
(ii) in subparagraph (B), by striking ``line'' and
inserting ``lines''; and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking ``any publicly
owned portion of'';
(ii) in subparagraph (C), in the matter preceding
clause (i)--
(I) by striking ``may'' and inserting ``shall'';
(II) by inserting ``and may, for other
homeowners,'' after ``low-income homeowner,''; and
(III) by striking ``a cost that'' and all that
follows through the semicolon at the end of clause (ii)
and inserting ``no cost to the homeowner;'';
(iii) in subparagraph (D), by striking ``and'' at the
end;
(iv) in subparagraph (E), by striking ``other options''
and all that follows through the period at the end and
inserting ``feasible alternatives for reducing the
concentration of lead in drinking water, such as corrosion
control; and''; and
(v) by adding at the end the following:
``(F) shall notify the State of any planned replacement of
lead service lines under this program and coordinate, where
practicable, with other relevant infrastructure projects.'';
(3) in subsection (d)--
(A) by inserting ``(except for subsection (d))'' after
``this section''; and
(B) by striking ``$60,000,000 for each of fiscal years 2017
through 2021'' and inserting ``$100,000,000 for each of fiscal
years 2022 through 2026'';
(4) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(5) by inserting after subsection (c) the following:
``(d) Lead Inventorying Utilization Grant Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means a
municipality that is served by a community water system or a
nontransient noncommunity water system in which not less than
30 percent of the service lines are known, or suspected, to
contain lead, based on available data, information, or
resources, including existing lead inventorying.
``(B) Pilot program.--The term `pilot program' means the
pilot program established under paragraph (2).
``(2) Establishment.--The Administrator shall establish a pilot
program under which the Administrator shall provide grants to
eligible entities to carry out lead reduction projects that are
demonstrated to exist or are suspected to exist, based on available
data, information, or resources, including existing lead
inventorying of those eligible entities.
``(3) Selection.--
``(A) Application.--To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
``(B) Prioritization.--In selecting recipients under the
pilot program, the Administrator shall give priority to--
``(i) an eligible entity that meets the affordability
criteria of the applicable State established under section
1452(d)(3); and
``(ii) an eligible entity that is located in an area
other than a State that has established affordability
criteria under section 1452(d)(3).
``(4) Report.--Not later 2 years after the Administrator first
awards a grant under the pilot program, the Administrator shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing--
``(A) the recipients of grants under the pilot program;
``(B) the existing lead inventorying that was available to
recipients of grants under the pilot program; and
``(C) how useful and accurate the lead inventorying
described in subparagraph (B) was in locating lead service
lines of the eligible entity.
``(5) Authorization of appropriations.--There is authorized to
be appropriated to carry out the pilot program $10,000,000, to
remain available until expended.''.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a public corporation established by a unit of local
government to provide water service;
``(D) a nonprofit corporation, public trust, or cooperative
association that owns or operates a public water system;
``(E) an Indian Tribe that owns or operates a public water
system;
``(F) a nonprofit organization that provides technical
assistance to public water systems; and
``(G) a Tribal consortium.
``(2) Operational sustainability.--The term `operational
sustainability' means the ability to improve the operation of a
small system through the identification and prevention of potable
water loss due to leaks, breaks, and other metering or
infrastructure failures.
``(3) Program.--The term `program' means the grant program
established under subsection (b).
``(4) Small system.--The term `small system', for the purposes
of this section, means a public water system that--
``(A) serves fewer than 10,000 people; and
``(B) is owned or operated by--
``(i) a unit of local government;
``(ii) a public corporation;
``(iii) a nonprofit corporation;
``(iv) a public trust;
``(v) a cooperative association; or
``(vi) an Indian Tribe.
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a program to award
grants to eligible entities for the purpose of improving the
operational sustainability of 1 or more small systems.
``(c) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
``(1) a proposal of the project to be carried out using grant
funds under the program;
``(2) documentation provided by the eligible entity describing
the deficiencies or suspected deficiencies in operational
sustainability of 1 or more small systems that are to be addressed
through the proposed project;
``(3) a description of how the proposed project will improve
the operational sustainability of 1 or more small systems;
``(4) a description of how the improvements described in
paragraph (3) will be maintained beyond the life of the proposed
project, including a plan to maintain and update any asset data
collected as a result of the proposed project; and
``(5) any additional information the Administrator may require.
``(d) Additional Required Information.--Before the award of funds
for a grant under the program to a grant recipient, the grant recipient
shall submit to the Administrator--
``(1) if the grant recipient is located in a State that has
established a State drinking water treatment revolving loan fund
under section 1452, a copy of a written agreement between the grant
recipient and the State in which the grant recipient agrees to
provide a copy of any data collected under the proposed project to
the State agency administering the State drinking water treatment
revolving loan fund (or a designee); or
``(2) if the grant recipient is located in an area other than a
State that has established a State drinking water treatment
revolving loan fund under section 1452, a copy of a written
agreement between the grant recipient and the Administrator in
which the eligible entity agrees to provide a copy of any data
collected under the proposed project to the Administrator (or a
designee).
``(e) Use of Funds.--An eligible entity that receives a grant under
the program shall use the grant funds to carry out projects that
improve the operational sustainability of 1 or more small systems
through--
``(1) the development of a detailed asset inventory, which may
include drinking water sources, wells, storage, valves, treatment
systems, distribution lines, hydrants, pumps, controls, and other
essential infrastructure;
``(2) the development of an infrastructure asset map, including
a map that uses technology such as--
``(A) geographic information system software; and
``(B) global positioning system software;
``(3) the deployment of leak detection technology;
``(4) the deployment of metering technology;
``(5) training in asset management strategies, techniques, and
technologies for appropriate staff employed by--
``(A) the eligible entity; or
``(B) the small systems for which the grant was received;
``(6) the deployment of strategies, techniques, and
technologies to enhance the operational sustainability and
effective use of water resources through water reuse; and
``(7) the development or deployment of other strategies,
techniques, or technologies that the Administrator may determine to
be appropriate under the program.
``(f) Cost Share.--
``(1) In general.--Subject to paragraph (2), the Federal share
of the cost of a project carried out using a grant under the
program shall be 90 percent of the total cost of the project.
``(2) Waiver.--The Administrator may increase the Federal share
under paragraph (1) to 100 percent.
``(g) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
that describes the implementation of the program, which shall include a
description of the use and deployment of amounts made available under
the program.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
RESILIENCE AND SUSTAINABILITY PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
amended by section 50106) is amended by adding at the end the
following:
``SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
RESILIENCE AND SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public water system that serves a community with a population of
10,000 or more.
``(2) Natural hazard; resilience.--The terms `resilience' and
`natural hazard' have the meanings given those terms in section
1433(h).
``(3) Resilience and sustainability program.--The term
`resilience and sustainability program' means the Midsize and Large
Drinking Water System Infrastructure Resilience and Sustainability
Program established under subsection (b).
``(b) Establishment.--The Administrator shall establish and carry
out a program, to be known as the `Midsize and Large Drinking Water
System Infrastructure Resilience and Sustainability Program', under
which the Administrator, subject to the availability of appropriations
for the resilience and sustainability program, shall award grants to
eligible entities for the purpose of--
``(1) increasing resilience to natural hazards and extreme
weather events; and
``(2) reducing cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity may only use grant funds
received under the resilience and sustainability program to assist in
the planning, design, construction, implementation, operation, or
maintenance of a program or project that increases resilience to
natural hazards and extreme weather events, or reduces cybersecurity
vulnerabilities, through--
``(1) the conservation of water or the enhancement of water-use
efficiency;
``(2) the modification or relocation of existing drinking water
system infrastructure made, or that is at risk of being,
significantly impaired by natural hazards or extreme weather
events, including risks to drinking water from flooding;
``(3) the design or construction of new or modified
desalination facilities to serve existing communities;
``(4) the enhancement of water supply through the use of
watershed management and source water protection;
``(5) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment of
drinking water;
``(6) the development and implementation of measures--
``(A) to increase the resilience of the eligible entity to
natural hazards and extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities;
``(7) the conservation of water or the enhancement of a water
supply through the implementation of water reuse measures; or
``(8) the formation of regional water partnerships to
collaboratively address documented water shortages.
``(d) Application.--To seek a grant under the resilience and
sustainability program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
``(1) a proposal of the program or project to be planned,
designed, constructed, implemented, operated, or maintained by the
eligible entity;
``(2) an identification of the natural hazard risks, extreme
weather events, or potential cybersecurity vulnerabilities, as
applicable, to be addressed by the proposed program or project;
``(3) documentation prepared by a Federal, State, regional, or
local government agency of the natural hazard risk, potential
cybersecurity vulnerability, or risk for extreme weather events to
the area where the proposed program or project is to be located;
``(4) a description of any recent natural hazards,
cybersecurity events, or extreme weather events that have affected
the community water system of the eligible entity;
``(5) a description of how the proposed program or project
would improve the performance of the community water system of the
eligible entity under the anticipated natural hazards,
cybersecurity vulnerabilities, or extreme weather events; and
``(6) an explanation of how the proposed program or project is
expected--
``(A) to enhance the resilience of the community water
system of the eligible entity to the anticipated natural
hazards or extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities.
``(e) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
that describes the implementation of the resilience and sustainability
program, which shall include a description of the use and deployment of
amounts made available to carry out the resilience and sustainability
program.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the resilience and sustainability program $50,000,000 for
each of fiscal years 2022 through 2026.
``(2) Use of funds.--Of the amounts made available under
paragraph (1) for grants to eligible entities under the resilience
and sustainability program--
``(A) 50 percent shall be used to provide grants to
eligible entities that serve a population of--
``(i) equal to or greater than 10,000; and
``(ii) fewer than 100,000; and
``(B) 50 percent shall be used to provide grants to
eligible entities that serve a population equal to or greater
than 100,000.
``(3) Administrative costs.--Of the amounts made available
under paragraph (1), not more than 2 percent may be used by the
Administrator for the administrative costs of carrying out the
resilience and sustainability program.''.
SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE.
(a) Definitions.--In this section and section 50109:
(1) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(2) Large water service provider.--The term ``large water
service provider'' means a community water system, treatment works,
or municipal separate storm sewer system that serves more than
100,000 people.
(3) Medium water service provider.--The term ``medium water
service provider'' means a community water system, treatment works,
or municipal separate storm sewer system that serves more than
10,000 people and not more than 100,000 people.
(4) Need.--The term ``need'', with respect to a qualifying
household, means the expenditure of a disproportionate amount of
household income on access to public drinking water or wastewater
services.
(5) Qualifying household.--The term ``qualifying household''
means a household that--
(A) includes an individual who is--
(i) the holder of an account for drinking water or
wastewater service that is provided to that household by a
large water service provider, a medium water service
provider, or a rural water service provider; or
(ii) separately billed by a landlord that holds an
account with a large water service provider, a medium water
service provider, or a rural water service provider for the
cost of drinking water or wastewater service provided to
that household by the respective large water service
provider, medium water service provider, or rural water
service provider; and
(B) is determined--
(i) by a large water service provider, a medium water
service provider, or a rural water service provider to be
eligible for assistance through a low-income ratepayer
assistance program;
(ii) by the Governor of the State in which the
household is located to be low-income, based on the
affordability criteria established by the State under
section 1452(d)(3) of the Safe Drinking Water Act (42
U.S.C. 300j-12(d)(3));
(iii) by the Administrator to experience drinking water
and wastewater service costs that exceed the metrics of
affordability established in the most recent guidance of
the Administrator entitled ``Financial Capability
Assessment Guidance''; or
(iv) in the case of a household serviced by a rural
water service provider, by the State in which the household
is located to have an annual income that does not exceed
the greater of--
(I) an amount equal to 150 percent of the poverty
level of that State; and
(II) an amount equal to 60 percent of the State
median income for that State.
(6) Rural water service provider.--The term ``rural water
service provider'' means a community water system, treatment works,
or municipal separate storm sewer system that serves not more than
10,000 people.
(7) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(b) Study; Report.--
(1) In general.--The Administrator shall conduct, and submit to
Congress a report describing the results of, a study that examines
the prevalence throughout the United States of municipalities,
public entities, or Tribal governments that--
(A) are serviced by rural water service providers, medium
water service providers, or large water service providers that
service a disproportionate percentage, as determined by the
Administrator, of qualifying households with need; or
(B) as determined by the Administrator, have taken on an
unsustainable level of debt due to customer nonpayment for the
services provided by a large water service provider, a medium
water service provider, or a rural water service provider.
(2) Affordability inclusions.--The report under paragraph (1)
shall include--
(A) a definition of the term ``affordable access to water
services'';
(B) a description of the criteria used in defining
``affordable access to water services'' under subparagraph (A);
(C) a definition of the term ``lack of affordable access to
water services'';
(D) a description of the methodology and criteria used in
defining ``lack of affordable access to water services'' under
subparagraph (C);
(E) a determination of the prevalence of a lack of
affordable access to water services, as defined under
subparagraph (C);
(F) the methodology and criteria used to determine the
prevalence of a lack of affordable access to water services
under subparagraph (E);
(G) any additional information with respect to the
affordable access to water services, as defined under
subparagraph (A), provided by rural water service providers,
medium water service providers, and large water service
providers;
(H) with respect to the development of the report, a
consultation with all relevant stakeholders, including rural
advocacy associations;
(I) recommendations of the Administrator regarding the best
methods to reduce the prevalence of a lack of affordable access
to water services, as defined under subparagraph (C); and
(J) a description of the cost of each method described in
subparagraph (I).
(3) Agreements.--The Administrator may enter into an agreement
with another Federal agency to carry out the study under paragraph
(1).
SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a municipality, Tribal government, or other entity
that--
(i) owns or operates a community water system,
treatment works, or municipal separate storm sewer system;
or
(ii) as determined by the Administrator, has taken on
an unsustainable level of debt due to customer nonpayment
for the services provided by a community water system,
treatment works, or municipal separate storm sewer system;
and
(B) a State exercising primary enforcement responsibility
over a rural water service provider under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable.
(2) Pilot program.--The term ``pilot program'' means the pilot
program established by the Administrator under subsection (b)(1).
(3) Water services needs assessment.--The term ``water services
needs assessment'' means the report required under section
50108(b)(1).
(b) Establishment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall establish a pilot
program to award grants to eligible entities to develop and
implement programs to assist qualifying households with need in
maintaining access to drinking water and wastewater treatment.
(2) Requirement.--In establishing the pilot program, the
Administrator shall ensure that data from the water services needs
assessment directly contributes to the structure of the pilot
program by informing the types of assistance and criteria used for
priority consideration with the demonstrated need from the study
conducted under section 50108(b)(1) and the water services needs
assessment.
(3) Use of funds limitations.--A grant under the pilot
program--
(A) shall not be used to replace funds for any existing
similar program; but
(B) may be used to supplement or enhance an existing
program, including a program that receives assistance from
other Federal grants.
(4) Term.--The term of a grant awarded under the pilot program
shall be subject to the availability of appropriations.
(5) Types of assistance.--In establishing the pilot program,
the Administrator may include provisions for--
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or the community
water system owned by the eligible entity for debt that is due
to customer nonpayment for the services provided by the
eligible entity or the community water system that is
determined by the Administrator to be in the interest of public
health.
(6) Requirement.--The Administrator shall award not more than
40 grants under the pilot program, of which--
(A) not more than 8 shall be to eligible entities that own,
operate, or exercise primary enforcement responsibility over a
rural water service provider under the Safe Drinking Water Act
(42 U.S.C. 300f et seq.) or the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), as applicable;
(B) not more than 8 shall be to eligible entities that own
or operate a medium water service provider;
(C) not more than 8 shall be to eligible entities that own
or operate a large water service provider that serves not more
than 500,000 people;
(D) not more than 8 shall be to eligible entities that own
or operate a large water service provider that serves more than
500,000 people; and
(E) not more than 8 shall be to eligible entities that own
or operate a community water system, treatment works, or
municipal separate storm sewer system that services a
disadvantaged community (consistent with the affordability
criteria established by the applicable State under section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)) or section 603(i)(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(i)(2)), as applicable).
(7) Criteria.--In addition to any priority criteria established
by the Administrator in response to the findings in the water
services needs assessment, in awarding grants under the pilot
program, the Administrator shall give priority consideration to
eligible entities that--
(A) serve a disproportionate percentage, as determined by
the Administrator, of qualifying households with need, as
identified in the water services needs assessment;
(B) are subject to State or Federal enforcement actions
relating to compliance with the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42
U.S.C. 300f et seq.); or
(C) maintain or participate in an existing community
assistance program with objectives similar to the objectives of
the pilot program, as determined by the Administrator.
(8) Reporting requirements.--
(A) In general.--In addition to any other applicable
Federal or agency-specific grant reporting requirements, as a
condition of receiving a grant under the pilot program, an
eligible entity (or a State, on behalf of an eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the Administrator, the
use of grant funds by the eligible entity, including--
(i) key features of the assistance provided by the
eligible entity;
(ii) sources of funding used to supplement Federal
funds; and
(iii) eligibility criteria.
(B) Publication.--The Administrator shall publish each
report submitted under subparagraph (A).
(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of an eligible entity, that receives a grant under the pilot program to
support implementation of the program.
(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of an eligible entity) under the program, and every year thereafter for
the duration of the terms of the grants, the Administrator shall submit
to Congress a report on the results of the pilot program.
SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``public water
systems and'' after ``to assist''; and
(B) in the third sentence, by inserting ``public water
systems,'' after ``schools,''; and
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Reduction'' after ``Lead Testing'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``the
Administrator'' and all that follows through the period at
the end and inserting the following: ``the Administrator
shall establish a voluntary school and child care program
lead testing, compliance monitoring, and lead reduction
grant program to make grants available to--
``(i) States to assist local educational agencies,
public water systems that serve schools and child care
programs under the jurisdiction of those local educational
agencies, and qualified nonprofit organizations in
voluntary testing or compliance monitoring for and
remediation of lead contamination in drinking water at
schools and child care programs under the jurisdiction of
those local educational agencies; and
``(ii) tribal consortia to assist tribal education
agencies (as defined in section 3 of the National
Environmental Education Act (20 U.S.C. 5502)), public water
systems that serve schools and child care programs under
the jurisdiction of those tribal education agencies, and
qualified nonprofit organizations in voluntary testing or
compliance monitoring for and remediation of lead
contamination in drinking water at schools and child care
programs under the jurisdiction of those tribal education
agencies.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by
inserting ``or compliance monitoring for or remediation
of lead contamination'' after ``voluntary testing'';
(II) in clause (i), by striking ``or'' at the end;
(III) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(IV) by adding at the end the following:
``(iii) any public water system that is located in a
State that does not participate in the voluntary grant
program established under subparagraph (A) that--
``(I) assists schools or child care programs in
lead testing;
``(II) assists schools or child care programs with
compliance monitoring;
``(III) assists schools with carrying out projects
to remediate lead contamination in drinking water; or
``(IV) provides technical assistance to schools or
child care programs in carrying out lead testing; or
``(iv) a qualified nonprofit organization, as
determined by the Administrator.'';
(C) in paragraphs (3), (5), (6), and (7), by striking
``State or local educational agency'' each place it appears and
inserting ``State, local educational agency, public water
system, tribal consortium, or qualified nonprofit
organization'';
(D) in paragraph (4)--
(i) by striking ``States and local educational
agencies'' and inserting ``States, local educational
agencies, public water systems, tribal consortia, and
qualified nonprofit organizations''; and
(ii) by inserting ``or the remediation of'' after
``testing for'';
(E) in paragraph (6)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State or local educational
agency'' and inserting ``State, local educational
agency, public water system, tribal consortium, or
qualified nonprofit agency''; and
(II) by inserting ``, public water system, tribal
consortium, or qualified nonprofit organization'' after
``each local educational agency'';
(ii) in subparagraph (A)(ii)--
(I) by inserting ``or tribal'' after ``applicable
State''; and
(II) by striking ``reducing lead'' and inserting
``voluntary testing or compliance monitoring for and
remediation of lead contamination''; and
(iii) in subparagraph (B)(i), by inserting
``applicable'' before ``local educational agency'';
(F) in paragraph (7), by striking ``testing for'' and
inserting ``testing or compliance monitoring for or remediation
of''; and
(G) by striking paragraph (8) and inserting the following:
``(8) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection--
``(A) $30,000,000 for fiscal year 2022;
``(B) $35,000,000 for fiscal year 2023;
``(C) $40,000,000 for fiscal year 2024;
``(D) $45,000,000 for fiscal year 2025; and
``(E) $50,000,000 for fiscal year 2026.''.
SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001 of the America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-3c note; Public Law 115-270) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Subject to the availability of appropriations, the
Administrator of the Environmental Protection Agency'' and
inserting ``The Administrator of the Environmental Protection
Agency (referred to in this section as the `Administrator')'';
and
(B) by striking ``to implement'' in the matter preceding
paragraph (1) and all that follows through the period at the
end of paragraph (2) and inserting ``to implement eligible
projects described in subsection (b).'';
(2) in subsection (b), by striking paragraph (2) and inserting
the following:
``(2) that will--
``(A) improve water quality, water pressure, or water
services through means such as connecting to, expanding,
repairing, improving, or obtaining water from a public water
system (as defined in section 1401 of the Safe Drinking Water
Act (42 U.S.C. 300f)); or
``(B) improve water quality or sanitation or wastewater
services at a treatment works (as defined in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292)).'';
(3) by redesignating subsection (d) as subsection (g);
(4) by striking subsection (c) and inserting the following:
``(c) Required Projects.--
``(1) In general.--If sufficient projects exist, of the funds
made available to carry out this section, the Administrator shall
use 50 percent to carry out--
``(A) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin;
``(B) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin;
``(C) 10 eligible projects described in subsection (b) that
are within the Columbia River Basin;
``(D) 10 eligible projects described in subsection (b) that
are within the Lower Colorado River Basin; and
``(E) 10 eligible projects described in subsection (b) that
are within the Arkansas-White-Red River Basin.
``(2) Requirement.--In carrying out paragraph (1)(A), the
Administrator shall select not fewer than 2 eligible projects for a
reservation that serves more than 1 federally recognized Indian
Tribe.
``(d) Priority.--In selecting projects to carry out under this
section, the Administrator shall give priority to projects that--
``(1) respond to emergency situations occurring due to or
resulting in a lack of access to clean drinking water that
threatens the health of Tribal populations;
``(2) would serve a Tribal population that would qualify as a
disadvantaged community based on the affordability criteria
established by the applicable State under section 1452(d)(3) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
``(3) would address the underlying factors contributing to--
``(A) an enforcement action commenced pursuant to the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) against the
applicable public water system (as defined in section 1401 of
that Act (42 U.S.C. 300f)) as of the date of enactment of this
subparagraph; or
``(B) an enforcement action commenced pursuant to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
against the applicable treatment works (as defined in section
212 of that Act (33 U.S.C. 1292)) as of the date of enactment
of this subparagraph.
``(e) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be 100 percent.
``(f) Report.--Not later than 2 years after the date of enactment
of this subsection, the Administrator shall submit to Congress a report
that describes the implementation of the program established under
subsection (a), which shall include a description of the use and
deployment of amounts made available under that program.''; and
(5) in subsection (g) (as so redesignated)--
(A) by striking ``There is'' and inserting ``There are'';
(B) by striking ``subsection (a) $20,000,000'' and
inserting the following: ``subsection (a)--
``(1) $20,000,000'';
(C) in paragraph (1) (as so designated), by striking
``2022.'' and inserting ``2021; and''; and
(D) by adding at the end the following:
``(2) $50,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
amended by section 50107) is amended by adding at the end the
following:
``SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES.
``(a) Study.--
``(1) In general.--Subject to the availability of
appropriations, not later than 1 year after the date of enactment
of this section, the Administrator shall carry out a study that
examines the state of existing and potential future technology,
including technology that could address cybersecurity
vulnerabilities, that enhances or could enhance the treatment,
monitoring, affordability, efficiency, and safety of drinking water
provided by a public water system.
``(2) Report.--The Administrator shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report that
describes the results of the study under paragraph (1).
``(b) Advanced Drinking Water Technology Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means
the owner or operator of a public water system that--
``(i) serves--
``(I) a population of not more than 100,000 people;
or
``(II) a community described in section
1459A(c)(2);
``(ii) has plans to identify or has identified
opportunities in the operations of the public water system
to employ new, existing, or emerging, yet proven,
technologies, including technology that could address
cybersecurity vulnerabilities, as determined by the
Administrator, that enhance treatment, monitoring,
affordability, efficiency, or safety of the drinking water
provided by the public water system, including technologies
not identified in the study conducted under subsection
(a)(1); and
``(iii) has expressed an interest in the opportunities
in the operation of the public water system to employ new,
existing, or emerging, yet proven, technologies, including
technology that could address cybersecurity
vulnerabilities, as determined by the Administrator, that
enhance treatment, monitoring, affordability, efficiency,
or safety of the drinking water provided by the public
water system, including technologies not identified in the
study conducted under subsection (a)(1).
``(B) Program.--The term `program' means the competitive
grant program established under paragraph (2).
``(2) Establishment.--The Administrator shall establish a
competitive grant program under which the Administrator shall award
grants to eligible entities for the purpose of identifying,
deploying, or identifying and deploying technologies described in
paragraph (1)(A)(ii).
``(3) Requirements.--
``(A) Applications.--To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
``(B) Federal share.--
``(i) In general.--Subject to clause (ii), the Federal
share of the cost of a project carried out using a grant
under the program shall not exceed 90 percent of the total
cost of the project.
``(ii) Waiver.--The Administrator may increase the
Federal share under clause (i) to 100 percent if the
Administrator determines that an eligible entity is unable
to pay, or would experience significant financial hardship
if required to pay, the non-Federal share.
``(4) Report.--Not later than 2 years after the date on which
the Administrator first awards a grant under the program, and
annually thereafter, the Administrator shall submit to Congress a
report describing--
``(A) each recipient of a grant under the program during
the previous 1-year period; and
``(B) a summary of the activities carried out using grants
awarded under the program.
``(5) Funding.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $10,000,000 for
each of fiscal years 2022 through 2026, to remain available
until expended.
``(B) Administrative costs.--Not more than 2 percent of the
amount made available for a fiscal year under subparagraph (A)
to carry out the program may be used by the Administrator for
the administrative costs of carrying out the program.''.
SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is
amended by adding at the end the following:
``SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate Congressional committees' means--
``(A) the Committee on Environment and Public Works of the
Senate;
``(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(C) the Committee on Energy and Commerce of the House of
Representatives; and
``(D) the Committee on Homeland Security of the House of
Representatives.
``(2) Director.--The term `Director' means the Director of the
Cybersecurity and Infrastructure Security Agency.
``(3) Incident.--The term `incident' has the meaning given the
term in section 3552 of title 44, United States Code.
``(4) Prioritization framework.--The term `Prioritization
Framework' means the prioritization framework developed by the
Administrator under subsection (b)(1)(A).
``(5) Support plan.--The term `Support Plan' means the
Technical Cybersecurity Support Plan developed by the Administrator
under subsection (b)(2)(A).
``(b) Identification of and Support for Public Water Systems.--
``(1) Prioritization framework.--
``(A) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator, in
coordination with the Director, shall develop a prioritization
framework to identify public water systems (including sources
of water for those public water systems) that, if degraded or
rendered inoperable due to an incident, would lead to
significant impacts on the health and safety of the public.
``(B) Considerations.--In developing the Prioritization
Framework, to the extent practicable, the Administrator shall
incorporate consideration of--
``(i) whether cybersecurity vulnerabilities for a
public water system have been identified under section
1433;
``(ii) the capacity of a public water system to
remediate a cybersecurity vulnerability without additional
Federal support;
``(iii) whether a public water system serves a defense
installation or critical national security asset; and
``(iv) whether a public water system, if degraded or
rendered inoperable due to an incident, would cause a
cascading failure of other critical infrastructure.
``(2) Technical cybersecurity support plan.--
``(A) In general.--Not later than 270 days after the date
of enactment of this section, the Administrator, in
coordination with the Director and using existing authorities
of the Administrator and the Director for providing voluntary
support to public water systems and the Prioritization
Framework, shall develop a Technical Cybersecurity Support Plan
for public water systems.
``(B) Requirements.--The Support Plan--
``(i) shall establish a methodology for identifying
specific public water systems for which cybersecurity
support should be prioritized;
``(ii) shall establish timelines for making voluntary
technical support for cybersecurity available to specific
public water systems;
``(iii) may include public water systems identified by
the Administrator, in coordination with the Director, as
needing technical support for cybersecurity;
``(iv) shall include specific capabilities of the
Administrator and the Director that may be utilized to
provide support to public water systems under the Support
Plan, including--
``(I) site vulnerability and risk assessments;
``(II) penetration tests; and
``(III) any additional support determined to be
appropriate by the Administrator; and
``(v) shall only include plans for providing voluntary
support to public water systems.
``(3) Consultation required.--In developing the Prioritization
Framework pursuant to paragraph (1) and the Support Plan pursuant
to paragraph (2), the Administrator shall consult with such Federal
or non-Federal entities as determined to be appropriate by the
Administrator.
``(4) Reports required.--
``(A) Prioritization framework.--Not later than 190 days
after the date of enactment of this section, the Administrator
shall submit to the appropriate Congressional committees a
report describing the Prioritization Framework.
``(B) Technical cybersecurity support plan.--Not later than
280 days after the date of enactment of this section, the
Administrator shall submit to the appropriate Congressional
committees--
``(i) the Support Plan; and
``(ii) a list describing any public water systems
identified by the Administrator, in coordination with the
Director, as needing technical support for cybersecurity
during the development of the Support Plan.
``(c) Rules of Construction.--Nothing in this section--
``(1) alters the existing authorities of the Administrator; or
``(2) compels a public water system to accept technical support
offered by the Administrator.''.
SEC. 50114. STATE RESPONSE TO CONTAMINANTS.
Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
19a(j)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking ``an
underserved community'' and inserting ``a community described in
subsection (c)(2)''; and
(2) in subparagraph (A)(i), by striking ``such underserved''
and inserting ``that''.
SEC. 50115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Administrator shall conduct a
study on the prevalence of boil water advisories issued in the United
States.
(b) Report.--
(1) In general.--The Administrator shall submit to Congress a
report describing the results of the most recent study conducted
under subsection (a) as part of the annual budget request
transmitted to Congress under section 1105(a) of title 31, United
States Code.
(2) Requirement.--In the annual report required under paragraph
(1), the Administrator shall include a description of the reasons
for which boil water advisories were issued during the year covered
by the report.
TITLE II--CLEAN WATER
SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.
(a) Reauthorization.--Section 104(u) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)''; and
(2) in paragraph (7)--
(A) by striking ``2023'' and inserting ``2021''; and
(B) by striking the period at the end and inserting ``; and
(8) not to exceed $75,000,000 for each of fiscal years 2022
through 2026 for carrying out subsections (b)(3), (b)(8), and
(g), of which not less than $50,000,000 each fiscal year shall
be used to carry out subsection (b)(8).''.
(b) Communication.--Each nonprofit organization that receives
funding under paragraph (8) of section 104(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that
funding to undertake activities to carry out that paragraph, consult
with the State in which the assistance is to be expended or otherwise
made available.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
describes the implementation of the grants authorized under subsections
(b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution
Control Act (33 U.S.C. 1254), which shall include a description of the
grant recipients and grant amounts made available to carry out those
subsections.
SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a wastewater
efficiency grant pilot program (referred to in this section as the
`pilot program') to award grants to owners or operators of publicly
owned treatment works to carry out projects that create or improve
waste-to-energy systems.
``(b) Selection.--
``(1) Applications.--To be eligible to receive a grant under
the pilot program, an owner or operator of a treatment works shall
submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may
require.
``(2) Number of recipients.--The Administrator shall select not
more than 15 recipients of grants under the pilot program from
applications submitted under paragraph (1).
``(c) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a recipient of a
grant under the pilot program may use grant funds for--
``(A) sludge collection;
``(B) installation of anaerobic digesters;
``(C) methane capture;
``(D) methane transfer;
``(E) facility upgrades and retrofits necessary to create
or improve waste-to-energy systems; and
``(F) other new and emerging, but proven, technologies that
transform waste to energy.
``(2) Limitation.--A grant to a recipient under the pilot
program shall be not more than $4,000,000.
``(d) Reports.--
``(1) Report to the administrator.--Not later than 2 years
after receiving a grant under the pilot program and each year
thereafter for which amounts are made available for the pilot
program under subsection (e), the recipient of the grant shall
submit to the Administrator a report describing the impact of that
project on the communities within 3 miles of the treatment works.
``(2) Report to congress.--Not later than 1 year after first
awarding grants under the pilot program and each year thereafter
for which amounts are made available for the pilot program under
subsection (e), the Administrator shall submit to Congress a report
describing--
``(A) the applications received by the Administrator for
grants under the pilot program; and
``(B) the projects for which grants were awarded under the
pilot program.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the pilot program $20,000,000 for each of fiscal years
2022 through 2026, to remain available until expended.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
Section 220 of the Federal Water Pollution Control Act (33 U.S.C.
1300) is amended--
(1) in subsection (b), in the heading, by striking ``In
General'' and inserting ``Establishment'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``construction'' before
``funds'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) by striking subsection (e);
(4) in subsection (i)--
(A) in the matter preceding paragraph (1), by striking ``,
the following definitions apply''; and
(B) in paragraph (1), in the first sentence, by striking
``water or wastewater or by treating wastewater'' and inserting
``water, wastewater, or stormwater or by treating wastewater or
stormwater for groundwater recharge, potable reuse, or other
purposes'';
(5) in subsection (j)--
(A) in the first sentence, by striking ``There is'' and
inserting the following:
``(1) In general.--There is'';
(B) in paragraph (1) (as so designated), by striking ``a
total of $75,000,000 for fiscal years 2002 through 2004. Such
sums shall'' and inserting ``$25,000,000 for each of fiscal
years 2022 through 2026, to''; and
(C) by adding at the end the following:
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''; and
(6) by redesignating subsections (b), (c), (d), (i), and (j) as
subsections (c), (d), (e), (b), and (i), respectively, and moving
those subsections so as to appear in alphabetical order.
SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (a)(1) --
(A) in subparagraph (A), by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) notification systems to inform the public of combined
sewer or sanitary overflows that result in sewage being
released into rivers and other waters; and'';
(2) in subsection (d)--
(A) in the second sentence, by striking ``The non-Federal
share of the cost'' and inserting the following:
``(3) Types of non-federal share.--The applicable non-Federal
share of the cost under this subsection'';
(B) in the first sentence, by striking ``The Federal'' and
inserting the following:
``(1) In general.--The Federal''; and
(C) by inserting after paragraph (1) (as so designated) the
following:
``(2) Rural and financially distressed communities.--To the
maximum extent practicable, the Administrator shall work with
States to prevent the non-Federal share requirements under this
subsection from being passed on to rural communities and
financially distressed communities (as those terms are defined in
subsection (f)(2)(B)(i)).'';
(3) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated to
carry out this section $280,000,000 for each of fiscal years 2022
through 2026.''; and
(B) in paragraph (2)--
(i) by striking ``To the extent'' and inserting the
following:
``(A) Green projects.--To the extent''; and
(ii) by adding at the end the following:
``(B) Rural or financially distressed community
allocation.--
``(i) Definitions.--In this subparagraph:
``(I) Financially distressed community.--The term
`financially distressed community' has the meaning
given the term in subsection (c)(1).
``(II) Rural community.--The term `rural community'
means a city, town, or unincorporated area that has a
population of not more than 10,000 inhabitants.
``(ii) Allocation.--
``(I) In general.--To the extent there are
sufficient eligible project applications, the
Administrator shall ensure that a State uses not less
than 25 percent of the amount of the grants made to the
State under subsection (a) in a fiscal year to carry
out projects in rural communities or financially
distressed communities for the purpose of planning,
design, and construction of--
``(aa) treatment works to intercept, transport,
control, treat, or reuse municipal sewer overflows,
sanitary sewer overflows, or stormwater; or
``(bb) any other measures to manage, reduce,
treat, or recapture stormwater or subsurface
drainage water eligible for assistance under
section 603(c).
``(II) Rural communities.--Of the funds allocated
under subclause (I) for the purposes described in that
subclause, to the extent there are sufficient eligible
project applications, the Administrator shall ensure
that a State uses not less than 60 percent to carry out
projects in rural communities.''; and
(4) in subsection (i)--
(A) in the second sentence, by striking ``The recommended
funding levels'' and inserting the following:
``(B) Requirement.--The funding levels recommended under
subparagraph (A)(i)'';
(B) in the first sentence, by striking ``Not later'' and
inserting the following:
``(1) Periodic reports.--
``(A) In general.--Not later'';
(C) in paragraph (1)(A) (as so designated)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking ``containing recommended'' and
inserting the following: ``containing--
``(i) recommended''; and
(iii) by adding at the end the following:
``(ii) a description of the extent to which States pass
costs associated with the non-Federal share requirements
under subsection (d) to local communities, with a focus on
rural communities and financially distressed communities
(as those terms are defined in subsection (f)(2)(B)(i)).'';
and
(D) by adding at the end the following:
``(2) Use of funds.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the implementation of the
grant program under this section, which shall include a description
of the grant recipients, sources of funds for non-Federal share
requirements under subsection (d), and grant amounts made available
under the program.''.
SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY
PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50202) is amended by adding at the end
the following:
``SEC. 223. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality; or
``(B) an intermunicipal, interstate, or State agency.
``(2) Natural hazard.--The term `natural hazard' means a hazard
caused by natural forces, including extreme weather events, sea-
level rise, and extreme drought conditions.
``(3) Program.--The term `program' means the clean water
infrastructure resilience and sustainability program established
under subsection (b).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a clean water
infrastructure resilience and sustainability program under which the
Administrator shall award grants to eligible entities for the purpose
of increasing the resilience of publicly owned treatment works to a
natural hazard or cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity that receives a grant under
the program shall use the grant funds for planning, designing, or
constructing projects (on a system-wide or area-wide basis) that
increase the resilience of a publicly owned treatment works to a
natural hazard or cybersecurity vulnerabilities through--
``(1) the conservation of water;
``(2) the enhancement of water use efficiency;
``(3) the enhancement of wastewater and stormwater management
by increasing watershed preservation and protection, including
through the use of--
``(A) natural and engineered green infrastructure; and
``(B) reclamation and reuse of wastewater and stormwater,
such as aquifer recharge zones;
``(4) the modification or relocation of an existing publicly
owned treatment works, conveyance, or discharge system component
that is at risk of being significantly impaired or damaged by a
natural hazard;
``(5) the development and implementation of projects to
increase the resilience of publicly owned treatment works to a
natural hazard or cybersecurity vulnerabilities, as applicable; or
``(6) the enhancement of energy efficiency or the use and
generation of recovered or renewable energy in the management,
treatment, or conveyance of wastewater or stormwater.
``(d) Application.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
``(1) a proposal of the project to be planned, designed, or
constructed using funds under the program;
``(2) an identification of the natural hazard risk of the area
where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, to be addressed by the
proposed project;
``(3) documentation prepared by a Federal, State, regional, or
local government agency of the natural hazard risk of the area
where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, of the area where the
proposed project is to be located;
``(4) a description of any recent natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerabilities that have affected the publicly owned
treatment works;
``(5) a description of how the proposed project would improve
the performance of the publicly owned treatment works under an
anticipated natural hazard or natural hazard risk of the area where
the proposed project is to be located or a potential cybersecurity
vulnerability, as applicable; and
``(6) an explanation of how the proposed project is expected to
enhance the resilience of the publicly owned treatment works to a
natural hazard risk of the area where the proposed project is to be
located or a potential cybersecurity vulnerability, as applicable.
``(e) Grant Amount and Other Federal Requirements.--
``(1) Cost share.--Except as provided in paragraph (2), a grant
under the program shall not exceed 75 percent of the total cost of
the proposed project.
``(2) Exception.--
``(A) In general.--Except as provided in subparagraph (B),
a grant under the program shall not exceed 90 percent of the
total cost of the proposed project if the project serves a
community that--
``(i) has a population of fewer than 10,000
individuals; or
``(ii) meets the affordability criteria established by
the State in which the community is located under section
603(i)(2).
``(B) Waiver.--At the discretion of the Administrator, a
grant for a project described in subparagraph (A) may cover 100
percent of the total cost of the proposed project.
``(3) Requirements.--The requirements of section 608 shall
apply to a project funded with a grant under the program.
``(f) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
that describes the implementation of the program, which shall include
an accounting of all grants awarded under the program, including a
description of each grant recipient and each project funded using a
grant under the program.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000 for each of fiscal years 2022
through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT
RIDER PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50205) is amended by adding at the end
the following:
``SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT
RIDER PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of enactment of
this section, the Administrator shall establish a circuit rider program
(referred to in this section as the `circuit rider program') under
which the Administrator shall award grants to qualified nonprofit
entities, as determined by the Administrator, to provide assistance to
owners and operators of small and medium publicly owned treatment works
to carry out the activities described in section 602(b)(13).
``(b) Limitation.--A grant provided under the circuit rider program
shall be in an amount that is not more than $75,000.
``(c) Prioritization.--In selecting recipients of grants under the
circuit rider program, the Administrator shall give priority to
qualified nonprofit entities, as determined by the Administrator, that
would serve a community that--
``(1) has a history, for not less than the 10 years prior to
the award of the grant, of unresolved wastewater issues, stormwater
issues, or a combination of wastewater and stormwater issues;
``(2) is considered financially distressed;
``(3) faces the cumulative burden of stormwater and wastewater
overflow issues; or
``(4) has previously failed to access Federal technical
assistance due to cost-sharing requirements.
``(d) Communication.--Each qualified nonprofit entity that receives
funding under this section shall, before using that funding to
undertake activities to carry out this section, consult with the State
in which the assistance is to be expended or otherwise made available.
``(e) Report.--Not later than 2 years after the date on which the
Administrator establishes the circuit rider program, and every 2 years
thereafter, the Administrator shall submit to Congress a report
describing--
``(1) each recipient of a grant under the circuit rider
program; and
``(2) a summary of the activities carried out under the circuit
rider program.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for the period of fiscal years
2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50206) is amended by adding at the end
the following:
``SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of enactment of
this section, the Administrator shall establish an efficiency grant
program (referred to in this section as the `efficiency grant program')
under which the Administrator shall award grants to eligible entities
for the replacement or repair of equipment that improves water or
energy efficiency of small publicly owned treatment works, as
identified in an efficiency audit.
``(b) Eligible Entities.--The Administrator may award a grant under
the efficiency grant program to--
``(1) an owner or operator of a small publicly owned treatment
works that serves--
``(A) a population of not more than 10,000 people; or
``(B) a disadvantaged community; or
``(2) a nonprofit organization that seeks to assist a small
publicly owned treatment works described in paragraph (1) to carry
out the activities described in subsection (a).
``(c) Report.--Not later than 2 years after the date on which the
Administrator establishes the efficiency grant program, and every 2
years thereafter, the Administrator shall submit to Congress a report
describing--
``(1) each recipient of a grant under the efficiency grant
program; and
``(2) a summary of the activities carried out under the
efficiency grant program.
``(d) Use of Funds.--
``(1) Small systems.--Of the amounts made available for grants
under this section, to the extent that there are sufficient
applications, not less than 15 percent shall be used for grants to
publicly owned treatment works that serve fewer than 3,300 people.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under this section, not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR
MODERATE INCOME.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50207) is amended by adding at the end
the following:
``SEC. 226. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH
LOW OR MODERATE INCOME.
``(a) Definition of Eligible Individual.--In this section, the term
`eligible individual' means a member of a low-income or moderate-income
household, the members of which have a combined income (for the most
recent 12-month period for which information is available) equal to not
more than 50 percent of the median nonmetropolitan household income for
the State or territory in which the household is located, according to
the most recent decennial census.
``(b) Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a program under
which the Administrator shall provide grants to private nonprofit
organizations for the purpose of improving general welfare by
providing assistance to eligible individuals--
``(A) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment system;
or
``(B) for the installation of a larger decentralized
wastewater system designed to provide treatment for 2 or more
households in which eligible individuals reside, if--
``(i) site conditions at the households are unsuitable
for the installation of an individually owned decentralized
wastewater system;
``(ii) multiple examples of unsuitable site conditions
exist in close geographic proximity to each other; and
``(iii) a larger decentralized wastewater system could
be cost-effectively installed.
``(2) Application.--To be eligible to receive a grant under
this subsection, a private nonprofit organization shall submit to
the Administrator an application at such time, in such manner, and
containing such information as the Administrator determines to be
appropriate.
``(3) Priority.--In awarding grants under this subsection, the
Administrator shall give priority to applicants that have
substantial expertise and experience in promoting the safe and
effective use of individual household decentralized wastewater
systems.
``(4) Administrative expenses.--A private nonprofit
organization may use amounts provided under this subsection to pay
the administrative expenses associated with the provision of the
services described in paragraph (1), as the Administrator
determines to be appropriate.
``(c) Grants.--
``(1) In general.--Subject to paragraph (2), a private
nonprofit organization shall use a grant provided under subsection
(b) for the services described in paragraph (1) of that subsection.
``(2) Application.--To be eligible to receive the services
described in subsection (b)(1), an eligible individual shall submit
to the private nonprofit organization serving the area in which the
individual household decentralized wastewater system of the
eligible individuals is, or is proposed to be, located an
application at such time, in such manner, and containing such
information as the private nonprofit organization determines to be
appropriate.
``(3) Priority.--In awarding grants under this subsection, a
private nonprofit organization shall give priority to any eligible
individual who does not have access to a sanitary sewage disposal
system.
``(d) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the recipients of grants under the program under this
section and the results of the program under this section.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Administrator to carry out this section $50,000,000 for each of
fiscal years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2 percent
may be used to pay the administrative costs of the
Administrator.''.
SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 50208) is amended by adding at the end
the following:
``SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) an owner or operator of a publicly owned treatment
works that assists or is seeking to assist low-income or
moderate-income individuals with connecting the household of
the individual to the publicly owned treatment works; or
``(B) a nonprofit entity that assists low-income or
moderate-income individuals with the costs associated with
connecting the household of the individual to a publicly owned
treatment works.
``(2) Program.--The term `program' means the competitive grant
program established under subsection (b).
``(3) Qualified individual.--The term `qualified individual'
has the meaning given the term `eligible individual' in section
603(j).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a competitive grant
program with the purpose of improving general welfare, under which the
Administrator awards grants to eligible entities to provide funds to
assist qualified individuals in covering the costs incurred by the
qualified individual in connecting the household of the qualified
individual to a publicly owned treatment works.
``(c) Application.--
``(1) In general.--An eligible entity seeking a grant under the
program shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may by regulation require.
``(2) Requirement.--Not later than 90 days after the date on
which the Administrator receives an application from an eligible
entity under paragraph (1), the Administrator shall notify the
eligible entity of whether the Administrator will award a grant to
the eligible entity under the program.
``(d) Selection Criteria.--In selecting recipients of grants under
the program, the Administrator shall use the following criteria:
``(1) Whether the eligible entity seeking a grant provides
services to, or works directly with, qualified individuals.
``(2) Whether the eligible entity seeking a grant--
``(A) has an existing program to assist in covering the
costs incurred in connecting a household to a publicly owned
treatment works; or
``(B) seeks to create a program described in subparagraph
(A).
``(e) Requirements.--
``(1) Voluntary connection.--Before providing funds to a
qualified individual for the costs described in subsection (b), an
eligible entity shall ensure that--
``(A) the qualified individual has connected to the
publicly owned treatment works voluntarily; and
``(B) if the eligible entity is not the owner or operator
of the publicly owned treatment works to which the qualified
individual has connected, the publicly owned treatment works to
which the qualified individual has connected has agreed to the
connection.
``(2) Reimbursements from publicly owned treatment works.--An
eligible entity that is an owner or operator of a publicly owned
treatment works may reimburse a qualified individual that has
already incurred the costs described in subsection (b) by--
``(A) reducing the amount otherwise owed by the qualified
individual to the owner or operator for wastewater or other
services provided by the owner or operator; or
``(B) providing a direct payment to the qualified
individual.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out the program $40,000,000 for each of fiscal years 2022
through 2026.
``(2) Limitations on use of funds.--
``(A) Small systems.--Of the amounts made available for
grants under paragraph (1), to the extent that there are
sufficient applications, not less than 15 percent shall be used
to make grants to--
``(i) eligible entities described in subsection
(a)(1)(A) that are owners and operators of publicly owned
treatment works that serve fewer than 3,300 people; and
``(ii) eligible entities described in subsection
(a)(1)(B) that provide the assistance described in that
subsection in areas that are served by publicly owned
treatment works that serve fewer than 3,300 people.
``(B) Administrative costs.--Of the amounts made available
for grants under paragraph (1), not more than 2 percent may be
used to pay the administrative costs of the Administrator.''.
SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
(a) Use of Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d), in the matter preceding paragraph
(1), by inserting ``and provided in subsection (k)'' after
``State law'';
(B) in subsection (i)--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``, including forgiveness of
principal and negative interest loans'' and inserting
``(including forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through buying,
refinancing, or restructuring debt)''; and
(ii) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Total amount of subsidization.--
``(i) In general.--For each fiscal year, of the amount
of the capitalization grant received by the State under
this title, the total amount of additional subsidization
made available by a State under paragraph (1)--
``(I) may not exceed 30 percent; and
``(II) to the extent that there are sufficient
applications for assistance to communities described in
that paragraph, may not be less than 10 percent.
``(ii) Exclusion.--A loan from the water pollution
control revolving fund of a State with an interest rate
equal to or greater than 0 percent shall not be considered
additional subsidization for purposes of this
subparagraph.''; and
(C) by adding at the end the following:
``(k) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually awarded to each State under this title
for nonprofit organizations (as defined in section 104(w)) or State,
regional, interstate, or municipal entities to provide technical
assistance to rural, small, and tribal publicly owned treatment works
(within the meaning of section 104(b)(8)(B)) in the State.''.
(2) Technical amendment.--Section 104(w) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(w)) is amended by striking
``treatments works'' and inserting ``treatment works''.
(b) Capitalization Grant Reauthorization.--Section 607 of the
Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read
as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the purposes
of this title--
``(1) $2,400,000,000 for fiscal year 2022;
``(2) $2,750,000,000 for fiscal year 2023;
``(3) $3,000,000,000 for fiscal year 2024; and
``(4) $3,250,000,000 for each of fiscal years 2025 and 2026.''.
SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``Tribal,'' after
``State,''; and
(B) in subparagraph (B), by striking ``community-based
organizations'' and all that follows through the period at the
end and inserting the following: ``community-based
organizations and public works departments or agencies to align
water and wastewater utility workforce recruitment efforts,
training programs, retention efforts, and community resources
with water and wastewater utilities--
``(i) to accelerate career pipelines;
``(ii) to ensure the sustainability of the water and
wastewater utility workforce; and
``(iii) to provide access to workforce
opportunities.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in subparagraph (A), by striking ``; and'' at the
end and inserting ``, which may include--''
(iii) in the matter preceding subparagraph (A), by
striking ``program--'' and all that follows through ``to
assist'' in subparagraph (A) and inserting ``program to
assist''; and
(iv) by adding at the end the following:
``(A) expanding the use and availability of activities and
resources that relate to the recruitment, including the
promotion of diversity within that recruitment, of individuals
to careers in the water and wastewater utility sector;
``(B) expanding the availability of training opportunities
for--
``(i) individuals entering into the water and
wastewater utility sector; and
``(ii) individuals seeking to advance careers within
the water and wastewater utility sector; and
``(C) expanding the use and availability of activities and
strategies, including the development of innovative activities
and strategies, that relate to the maintenance and retention of
a sustainable workforce in the water and wastewater utility
sector.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``institutions--'' and inserting ``institutions,
or public works departments and agencies--''; and
(ii) in subparagraph (A)--
(I) by striking clauses (ii) and (iii);
(II) in clause (i), by adding ``or'' at the end;
(III) by redesignating clause (i) as clause (ii);
(IV) by inserting before clause (ii) (as so
redesignated) the following:
``(i) in the development of educational or recruitment
materials and activities, including those materials and
activities that specifically promote diversity within
recruitment, for the water and wastewater utility
workforce;''; and
(V) by adding at the end the following:
``(iii) developing activities and strategies that
relate to the maintenance and retention of a sustainable
workforce in the water and wastewater utility sector;
and'';
(C) in paragraph (3)--
(i) in subparagraph (D)(ii), by inserting ``or
certification'' after ``training''; and
(ii) in subparagraph (E), by striking ``ensure that
incumbent water and waste water utilities workers'' and
inserting ``are designed to retain incumbent water and
wastewater utility workforce workers by ensuring that those
workers''; and
(D) by striking paragraph (4) and inserting the following:
``(4) Working group; report.--
``(A) In general.--The Administrator shall establish and
coordinate a Federal interagency working group to address
recruitment, training, and retention challenges in the water
and wastewater utility workforce, which shall include
representatives from--
``(i) the Department of Education;
``(ii) the Department of Labor;
``(iii) the Department of Agriculture;
``(iv) the Department of Veterans Affairs; and
``(v) other Federal agencies, as determined to be
appropriate by the Administrator.
``(B) Report.--Not later than 2 years after the date of
enactment of this subparagraph, the Administrator, in
coordination with the working group established under
subparagraph (A), shall submit to Congress a report describing
potential solutions to recruitment, training, and retention
challenges in the water and wastewater utility workforce.
``(C) Consultation.--In carrying out the duties of the
working group established under subparagraph (A), the working
group shall consult with State operator certification programs.
``(5) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2022 through 2026.'';
(3) by redesignating subsections (a) and (b) as subsections (b)
and (c), respectively; and
(4) by inserting before subsection (b) (as so redesignated) the
following:
``(a) Definition of Public Works Department or Agency.--In this
section, the term `public works department or agency' means a political
subdivision of a local, county, or regional government that designs,
builds, operates, and maintains water infrastructure, sewage and refuse
disposal systems, and other public water systems and facilities.''.
SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND NATIVE
VILLAGES.
Section 303 of the Safe Drinking Water Act Amendments of 1996 (33
U.S.C. 1263a) is amended--
(1) in subsection (b), by striking ``50 percent'' and inserting
``75 percent''; and
(2) in subsection (e), by striking ``this section'' and all
that follows through the period at the end and inserting the
following: ``this section--
``(1) $40,000,000 for each of fiscal years 2022 through 2024;
``(2) $50,000,000 for fiscal year 2025; and
``(3) $60,000,000 for fiscal year 2026.''.
SEC. 50213. WATER DATA SHARING PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of appropriations,
the Administrator shall establish a competitive grant pilot program
(referred to in this section as the ``pilot program'') under which
the Administrator may award grants to eligible entities under
subsection (b) to establish systems that improve the sharing of
information concerning water quality, water infrastructure needs,
and water technology, including cybersecurity technology, between
States or among counties and other units of local government within
a State, which may include--
(A) establishing a website or data hub to exchange water
data, including data on water quality or water technology,
including new and emerging, but proven, water technology; and
(B) intercounty communications initiatives related to water
data.
(2) Requirements.--
(A) Data sharing.--The Internet of Water principles
developed by the Nicholas Institute for Environmental Policy
Solutions shall, to the extent practicable, guide any water
data sharing efforts under the pilot program.
(B) Use of existing data.--The recipient of a grant under
the pilot program to establish a website or data hub described
in paragraph (1)(A) shall, to the extent practicable, leverage
existing data sharing infrastructure.
(b) Eligible Entities.--An entity eligible for a grant under the
pilot program is--
(1) a State, county, or other unit of local government that--
(A) has a coastal watershed with significant pollution
levels;
(B) has a water system with significant pollution levels;
or
(C) has significant individual water infrastructure
deficits; or
(2) a regional consortium established under subsection (d).
(c) Applications.--To be eligible to receive a grant under the
pilot program, an eligible entity under subsection (b) shall submit to
the Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
(d) Regional Consortia.--
(1) Establishment.--States may establish regional consortia in
accordance with this subsection.
(2) Requirements.--A regional consortium established under
paragraph (1) shall--
(A) include not fewer than 2 States that have entered into
a memorandum of understanding--
(i) to exchange water data, including data on water
quality; or
(ii) to share information, protocols, and procedures
with respect to projects that evaluate, demonstrate, or
install new and emerging, but proven, water technology;
(B) carry out projects--
(i) to exchange water data, including data on water
quality; or
(ii) that evaluate, demonstrate, or install new and
emerging, but proven, water technology; and
(C) develop a regional intended use plan, in accordance
with paragraph (3), to identify projects to carry out,
including projects using grants received under this section.
(3) Regional intended use plan.--A regional intended use plan
of a regional consortium established under paragraph (1)--
(A) shall identify projects that the regional consortium
intends to carry out, including projects that meet the
requirements of paragraph (2)(B); and
(B) may include--
(i) projects included in an intended use plan of a
State prepared under section 606(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1386(c)) within the
regional consortium; and
(ii) projects not included in an intended use plan of a
State prepared under section 606(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1386(c)) within the
regional consortium.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
describes the implementation of the pilot program, which shall
include--
(1) a description of the use and deployment of amounts made
available under the pilot program; and
(2) an accounting of all grants awarded under the program,
including a description of each grant recipient and each project
funded using a grant under the pilot program.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to carry out the pilot program $15,000,000 for each of
fiscal years 2022 through 2026, to remain available until expended.
(2) Requirement.--Of the funds made available under paragraph
(1), not more than 35 percent may be used to provide grants to
regional consortia established under subsection (d).
SEC. 50214. FINAL RATING OPINION LETTERS.
Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by
striking ``final rating opinion letters from at least 2 rating
agencies'' and inserting ``a final rating opinion letter from at least
1 rating agency''.
SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
(a) In General.--Section 5033 of the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3912) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fiscal years 2022 through 2026.--There is authorized to
be appropriated to the Administrator to carry out this subtitle
$50,000,000 for each of fiscal years 2022 through 2026, to remain
available until expended.'';
(2) in subsection (b)(2)--
(A) in the paragraph heading, by striking ``2020 and 2021''
and inserting ``after 2019''; and
(B) by striking ``2020 and 2021'' and inserting ``2022
through 2026''; and
(3) in subsection (e)(1), by striking ``2020 and 2021'' and
inserting ``2022 through 2026''.
(b) Outreach Plan.--The Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end
the following:
``SEC. 5036. OUTREACH PLAN.
``(a) Definition of Rural Community.--In this section, the term
`rural community' means a city, town, or unincorporated area that has a
population of not more than 10,000 inhabitants.
``(b) Outreach Required.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation with
relevant Federal agencies, shall develop and begin implementation of an
outreach plan to promote financial assistance available under this
subtitle to small communities and rural communities.''.
SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
(a) Analysis.--Not later than 2 years after the date of enactment
of this Act, using environmental justice data of the Environmental
Protection Agency, including data from the environmental justice
mapping and screening tool of the Environmental Protection Agency, the
Administrator shall carry out an analysis under which the Administrator
shall assess the programs under title VI of the Federal Water Pollution
Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12) to identify historical
distributions of funds to small and disadvantaged communities and new
opportunities and methods to improve on the distribution of funds under
those programs to low-income communities, rural communities, minority
communities, and communities of indigenous peoples, in accordance with
Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating
to Federal actions to address environmental justice in minority
populations and low-income populations).
(b) Requirement.--The analysis under subsection (a) shall include
an analysis, to the extent practicable, of communities in the United
States that do not have access to drinking water or wastewater
services.
(c) Report.--On completion of the analysis under subsection (a),
the Administrator shall submit to the Committee on Environment and
Public Works of the Senate and the Committees on Energy and Commerce
and Transportation and Infrastructure of the House of Representatives a
report describing--
(1) the results of the analysis; and
(2) the criteria the Administrator used in carrying out the
analysis.
SEC. 50217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
(a) Definitions.--In this section:
(1) Center.--The term ``center'' means a center of excellence
for stormwater control infrastructure established under subsection
(b)(1).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Tribal, or local government; or
(B) a local, regional, or other public entity that manages
stormwater or wastewater resources or other related water
infrastructure.
(3) Eligible institution.--The term ``eligible institution''
means an institution of higher education, a research institution,
or a nonprofit organization--
(A) that has demonstrated excellence in researching and
developing new and emerging stormwater control infrastructure
technologies; and
(B) with respect to a nonprofit organization, the core
mission of which includes water management, as determined by
the Administrator.
(b) Centers of Excellence for Stormwater Control Infrastructure
Technologies.--
(1) Establishment of centers.--
(A) In general.--Subject to the availability of
appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible institutions to establish and
maintain not less than 3, and not more than 5, centers of
excellence for new and emerging stormwater control
infrastructure technologies, to be located in various regions
throughout the United States.
(B) General operation.--Each center shall--
(i) conduct research on new and emerging stormwater
control infrastructure technologies that are relevant to
the geographical region in which the center is located,
including stormwater and sewer overflow reduction, other
approaches to water resource enhancement, alternative
funding approaches, and other environmental, economic, and
social benefits, with the goal of improving the
effectiveness, cost efficiency, and protection of public
safety and water quality;
(ii) maintain a listing of--
(I) stormwater control infrastructure needs; and
(II) an analysis of new and emerging stormwater
control infrastructure technologies that are available;
(iii) analyze whether additional financial programs for
the implementation of new and emerging, but proven,
stormwater control infrastructure technologies would be
useful;
(iv) provide information regarding research conducted
under clause (i) to the national electronic clearinghouse
center for publication on the Internet website established
under paragraph (3)(B)(i) to provide to the Federal
Government and State, Tribal, and local governments and the
private sector information regarding new and emerging, but
proven, stormwater control infrastructure technologies;
(v) provide technical assistance to State, Tribal, and
local governments to assist with the design, construction,
operation, and maintenance of stormwater control
infrastructure projects that use innovative technologies;
(vi) collaborate with institutions of higher education
and private and public organizations, including community-
based public-private partnerships and other stakeholders,
in the geographical region in which the center is located;
and
(vii) coordinate with the other centers to avoid
duplication of efforts.
(2) Application.--To be eligible to receive a grant under this
subsection, an eligible institution shall prepare and submit to the
Administrator an application at such time, in such form, and
containing such information as the Administrator may require.
(3) National electronic clearinghouse center.--Of the centers
established under paragraph (1)(A), 1 shall--
(A) be designated as the ``national electronic
clearinghouse center''; and
(B) in addition to the other functions of that center--
(i) develop, operate, and maintain an Internet website
and a public database that contains information relating to
new and emerging, but proven, stormwater control
infrastructure technologies; and
(ii) post to the website information from all centers.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $5,000,000 for each of fiscal years
2022 through 2026.
(B) Limitation on use of funds.--Of the amounts made
available for grants under subparagraph (A), not more than 2
percent may be used to pay the administrative costs of the
Administrator.
(c) Stormwater Control Infrastructure Project Grants.--
(1) Grant authority.--Subject to the availability of
appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible entities to carry out stormwater
control infrastructure projects that incorporate new and emerging,
but proven, stormwater control technologies in accordance with this
subsection.
(2) Stormwater control infrastructure projects.--
(A) Planning and development grants.--The Administrator may
make planning and development grants under this subsection for
the following projects:
(i) Planning and designing stormwater control
infrastructure projects that incorporate new and emerging,
but proven, stormwater control technologies, including
engineering surveys, landscape plans, maps, long-term
operations and maintenance plans, and implementation plans.
(ii) Identifying and developing standards necessary to
accommodate stormwater control infrastructure projects,
including those projects that incorporate new and emerging,
but proven, stormwater control technologies.
(iii) Identifying and developing fee structures to
provide financial support for design, installation, and
operations and maintenance of stormwater control
infrastructure, including new and emerging, but proven,
stormwater control infrastructure technologies.
(iv) Developing approaches for community-based public-
private partnerships for the financing and construction of
stormwater control infrastructure technologies, including
feasibility studies, stakeholder outreach, and needs
assessments.
(v) Developing and delivering training and educational
materials regarding new and emerging, but proven,
stormwater control infrastructure technologies for
distribution to--
(I) individuals and entities with applicable
technical knowledge; and
(II) the public.
(B) Implementation grants.--The Administrator may make
implementation grants under this subsection for the following
projects:
(i) Installing new and emerging, but proven, stormwater
control infrastructure technologies.
(ii) Protecting or restoring interconnected networks of
natural areas that protect water quality.
(iii) Monitoring and evaluating the environmental,
economic, or social benefits of stormwater control
infrastructure technologies that incorporate new and
emerging, but proven, stormwater control technology.
(iv) Implementing a best practices standard for
stormwater control infrastructure programs.
(3) Application.--Except as otherwise provided in this section,
to be eligible to receive a grant under this subsection, an
eligible entity shall prepare and submit to the Administrator an
application at such time, in such form, and containing such
information as the Administrator may require, including, as
applicable--
(A) a description of the stormwater control infrastructure
project that incorporates new and emerging, but proven,
technologies;
(B) a plan for monitoring the impacts and pollutant load
reductions associated with the stormwater control
infrastructure project on the water quality and quantity;
(C) an evaluation of other environmental, economic, and
social benefits of the stormwater control infrastructure
project; and
(D) a plan for the long-term operation and maintenance of
the stormwater control infrastructure project and a tracking
system, such as asset management practices.
(4) Priority.--In making grants under this subsection, the
Administrator shall give priority to applications submitted on
behalf of--
(A) a community that--
(i) has municipal combined storm and sanitary sewers in
the collection system of the community; or
(ii) is a small, rural, or disadvantaged community, as
determined by the Administrator; or
(B) an eligible entity that will use not less than 15
percent of the grant to provide service to a small, rural, or
disadvantaged community, as determined by the Administrator.
(5) Maximum amounts.--
(A) Planning and development grants.--
(i) Single grant.--The amount of a single planning and
development grant provided under this subsection shall be
not more than $200,000.
(ii) Aggregate amount.--The total amount of all
planning and development grants provided under this
subsection for a fiscal year shall be not more than \1/3\
of the total amount made available to carry out this
subsection.
(B) Implementation grants.--
(i) Single grant.--The amount of a single
implementation grant provided under this subsection shall
be not more than $2,000,000.
(ii) Aggregate amount.--The total amount of all
implementation grants provided under this subsection for a
fiscal year shall be not more than \2/3\ of the total
amount made available to carry out this subsection.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph (C),
the Federal share of a grant provided under this subsection
shall not exceed 80 percent of the total project cost.
(B) Credit for implementation grants.--The Administrator
shall credit toward the non-Federal share of the cost of an
implementation project carried out under this subsection the
cost of planning, design, and construction work completed for
the project using funds other than funds provided under this
section.
(C) Exception.--The Administrator may waive the Federal
share limitation under subparagraph (A) for an eligible entity
that has adequately demonstrated financial need.
(d) Report to Congress.--Not later than 2 years after the date on
which the Administrator first awards a grant under this section, the
Administrator shall submit to Congress a report that includes, with
respect to the period covered by the report--
(1) a description of all grants provided under this section;
(2) a detailed description of--
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
(3) a description of the improvements in technology,
environmental benefits, resources conserved, efficiencies, and
other benefits of the projects funded under this section;
(4) recommendations for improvements to promote and support new
and emerging, but proven, stormwater control infrastructure,
including research into new and emerging technologies, for the
centers, grants, and activities under this section; and
(5) a description of existing challenges concerning the use of
new and emerging, but proven, stormwater control infrastructure.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section (except for subsection (b)) $10,000,000 for
each of fiscal years 2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made available
for grants under paragraph (1), not more than 2 percent may be used
to pay the administrative costs of the Administrator.
SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Water Reuse
Interagency Working Group (referred to in this section as the ``Working
Group'').
(b) Purpose.--The purpose of the Working Group is to develop and
coordinate actions, tools, and resources to advance water reuse across
the United States, including through the implementation of the February
2020 National Water Reuse Action Plan, which creates opportunities for
water reuse in the mission areas of each of the Federal agencies
included in the Working Group under subsection (c) (referred to in this
section as the ``Action Plan'').
(c) Chairperson; Membership.--The Working Group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from such Federal
agencies as the Administrator determines to be appropriate.
(d) Duties of the Working Group.--In carrying out this section, the
Working Group shall--
(1) with respect to water reuse, leverage the expertise of
industry, the research community, nongovernmental organizations,
and government;
(2) seek to foster water reuse as an important component of
integrated water resources management;
(3) conduct an assessment of new opportunities to advance water
reuse and annually update the Action Plan with new actions, as
necessary, to pursue those opportunities;
(4) seek to coordinate Federal programs and policies to support
the adoption of water reuse;
(5) consider how each Federal agency can explore and identify
opportunities to support water reuse through the programs and
activities of that Federal agency; and
(6) consult, on a regular basis, with representatives of
relevant industries, the research community, and nongovernmental
organizations.
(e) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities and
findings of the Working Group.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the Working Group
shall terminate on the date that is 6 years after the date of
enactment of this Act.
(2) Extension.--The Administrator may extend the date of
termination of the Working Group under paragraph (1).
SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
(a) In General.--Subject to the availability of appropriations, not
later than 2 years after the date of enactment of this Act, the
Administrator shall carry out a study that examines the state of
existing and potential future technology, including technology that
could address cybersecurity vulnerabilities, that enhances or could
enhance the treatment, monitoring, affordability, efficiency, and
safety of wastewater services provided by a treatment works (as defined
in section 212 of the Federal Water Pollution Control Act (33 U.S.C.
1292)).
(b) Report.--The Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that describes
the results of the study under subsection (a).
SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
``(a) Requirement.--Not later than 2 years after the date of
enactment of this section, and not less frequently than once every 4
years thereafter, the Administrator shall--
``(1) conduct and complete an assessment of capital improvement
needs for all projects that are eligible under section 603(c) for
assistance from State water pollution control revolving funds; and
``(2) submit to Congress a report describing the results of the
assessment completed under paragraph (1).
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the initial needs survey under subsection (a)
$5,000,000, to remain available until expended.''.
SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Clarification of Research Activities.--Section 104(b)(1) of the
Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is
amended--
(1) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''.
(b) Compliance Report.--Section 104 of the Water Resources Research
Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and
inserting the following:
``(c) Grants.--
``(1) In general.--From the sums appropriated pursuant to
subsection (f), the Secretary shall make grants to each institute
to be matched on a basis of no less than 1 non-Federal dollar for
every 1 Federal dollar.
``(2) Report.--Not later than December 31 of each fiscal year,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate, the Committee on the Budget of the
Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on the Budget of the
House of Representatives a report regarding the compliance of each
funding recipient with this subsection for the immediately
preceding fiscal year.''.
(c) Evaluation of Water Resources Research Program.--Section 104 of
the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended
by striking subsection (e) and inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful and
detailed evaluation of each institute at least once every 5 years
to determine--
``(A) the quality and relevance of the water resources
research of the institute;
``(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
``(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
``(2) Prohibition on further support.--If, as a result of an
evaluation under paragraph (1), the Secretary determines that an
institute does not qualify for further support under this section,
no further grants to the institute may be provided until the
qualifications of the institute are reestablished to the
satisfaction of the Secretary.''.
(d) Authorization of Appropriations.--Section 104(f)(1) of the
Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended
by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2022 through 2025''.
(e) Additional Appropriations Where Research Focused on Water
Problems of Interstate Nature.--Section 104(g)(1) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in
the first sentence by striking ``$6,000,000 for each of fiscal years
2007 through 2011'' and inserting ``$3,000,000 for each of fiscal years
2022 through 2025''.
SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 124. ENHANCED AQUIFER USE AND RECHARGE.
``(a) In General.--Subject to the availability of appropriations,
the Administrator shall provide funding to carry out groundwater
research on enhanced aquifer use and recharge in support of sole-source
aquifers, of which--
``(1) not less than 50 percent shall be used to provide 1 grant
to a State, unit of local government, or Indian Tribe to carry out
activities that would directly support that research; and
``(2) the remainder shall be provided to 1 appropriate research
center.
``(b) Coordination.--As a condition of accepting funds under
subsection (a), the State, unit of local government, or Indian Tribe
and the appropriate research center that receive funds under that
subsection shall establish a formal research relationship for the
purpose of coordinating efforts under this section.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of fiscal years 2022 through 2026.''.
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO
RICO, AND TERRITORIES
SEC. 60101. FINDINGS.
Congress finds the following:
(1) Access to affordable, reliable, high-speed broadband is
essential to full participation in modern life in the United
States.
(2) The persistent ``digital divide'' in the United States is a
barrier to the economic competitiveness of the United States and
equitable distribution of essential public services, including
health care and education.
(3) The digital divide disproportionately affects communities
of color, lower-income areas, and rural areas, and the benefits of
broadband should be broadly enjoyed by all.
(4) In many communities across the country, increased
competition among broadband providers has the potential to offer
consumers more affordable, high-quality options for broadband
service.
(5) The 2019 novel coronavirus pandemic has underscored the
critical importance of affordable, high-speed broadband for
individuals, families, and communities to be able to work, learn,
and connect remotely while supporting social distancing.
SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
(a) Definitions.--
(1) Areas, locations, and institutions lacking broadband
access.--In this section:
(A) Unserved location.--The term ``unserved location''
means a broadband-serviceable location, as determined in
accordance with the broadband DATA maps, that--
(i) has no access to broadband service; or
(ii) lacks access to reliable broadband service offered
with--
(I) a speed of not less than--
(aa) 25 megabits per second for downloads; and
(bb) 3 megabits per second for uploads; and
(II) a latency sufficient to support real-time,
interactive applications.
(B) Unserved service project.--The term ``unserved service
project'' means a project in which not less than 80 percent of
broadband-serviceable locations served by the project are
unserved locations.
(C) Underserved location.--The term ``underserved
location'' means a location--
(i) that is not an unserved location; and
(ii) as determined in accordance with the broadband
DATA maps, lacks access to reliable broadband service
offered with--
(I) a speed of not less than--
(aa) 100 megabits per second for downloads; and
(bb) 20 megabits per second for uploads; and
(II) a latency sufficient to support real-time,
interactive applications.
(D) Underserved service project.--The term ``underserved
service project'' means a project in which not less than 80
percent of broadband-serviceable locations served by the
project are unserved locations or underserved locations.
(E) Eligible community anchor institution.--The term
``eligible community anchor institution'' means a community
anchor institution that lacks access to gigabit-level broadband
service.
(2) Other definitions.--In this section:
(A) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(B) Broadband; broadband service.--The term ``broadband''
or ``broadband service'' has the meaning given the term
``broadband internet access service'' in section 8.1(b) of
title 47, Code of Federal Regulations, or any successor
regulation.
(C) Broadband data maps.--The term ``broadband DATA maps''
means the maps created under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(D) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(E) Community anchor institution.--The term ``community
anchor institution'' means an entity such as a school, library,
health clinic, health center, hospital or other medical
provider, public safety entity, institution of higher
education, public housing organization, or community support
organization that facilitates greater use of broadband service
by vulnerable populations, including low-income individuals,
unemployed individuals, and aged individuals.
(F) Eligible entity.--The term ``eligible entity'' means a
State.
(G) High-cost area.--
(i) In general.--The term ``high-cost area'' means an
unserved area in which the cost of building out broadband
service is higher, as compared with the average cost of
building out broadband service in unserved areas in the
United States (as determined by the Assistant Secretary, in
consultation with the Commission), incorporating factors
that include--
(I) the remote location of the area;
(II) the lack of population density of the area;
(III) the unique topography of the area;
(IV) a high rate of poverty in the area; or
(V) any other factor identified by the Assistant
Secretary, in consultation with the Commission, that
contributes to the higher cost of deploying broadband
service in the area.
(ii) Unserved area.--For purposes of clause (i), the
term ``unserved area'' means an area in which not less than
80 percent of broadband-serviceable locations are unserved
locations.
(H) Location; broadband-serviceable location.--The terms
``location'' and ``broadband-serviceable location'' have the
meanings given those terms by the Commission under rules and
guidance that are in effect, as of the date of enactment of
this Act.
(I) Priority broadband project.--The term ``priority
broadband project'' means a project designed to--
(i) provide broadband service that meets speed,
latency, reliability, consistency in quality of service,
and related criteria as the Assistant Secretary shall
determine; and
(ii) ensure that the network built by the project can
easily scale speeds over time to--
(I) meet the evolving connectivity needs of
households and businesses; and
(II) support the deployment of 5G, successor
wireless technologies, and other advanced services.
(J) Program.--The term ``Program'' means the Broadband
Equity, Access, and Deployment Program established under
subsection (b)(1).
(K) Project.--The term ``project'' means an undertaking by
a subgrantee under this section to construct and deploy
infrastructure for the provision of broadband service.
(L) Reliable broadband service.--The term ``reliable
broadband service'' means broadband service that meets
performance criteria for service availability, adaptability to
changing end-user requirements, length of serviceable life, or
other criteria, other than upload and download speeds, as
determined by the Assistant Secretary in coordination with the
Commission.
(M) State.--The term ``State'' has the meaning given the
term in section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942),
except that that definition shall be applied by striking ``,
and any other territory or possession of the United States''.
(N) Subgrantee.--The term ``subgrantee'' means an entity
that receives grant funds from an eligible entity to carry out
activities under subsection (f).
(b) Broadband Equity, Access, and Deployment Program.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall establish a
grant program, to be known as the ``Broadband Equity, Access, and
Deployment Program'', under which the Assistant Secretary makes
grants to eligible entities, in accordance with this section, to
bridge the digital divide.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Assistant Secretary to carry out the Program
$42,450,000,000.
(3) Obligation timeline.--The Assistant Secretary shall
obligate all amounts appropriated pursuant to paragraph (2) in an
expedient manner after the Assistant Secretary issues the notice of
funding opportunity under subsection (e)(1).
(4) Technical support and assistance.--
(A) Program assistance.--As part of the Program, the
Assistant Secretary, in consultation with the Commission, shall
provide technical support and assistance to eligible entities
to facilitate their participation in the Program, including by
assisting eligible entities with--
(i) the development of grant applications under the
Program;
(ii) the development of plans and procedures for
distribution of funds under the Program; and
(iii) other technical support as determined by the
Assistant Secretary.
(B) General assistance.--The Assistant Secretary shall
provide technical and other assistance to eligible entities--
(i) to support the expansion of broadband, with
priority for--
(I) expansion in rural areas; and
(II) eligible entities that consistently rank below
most other eligible entities with respect to broadband
access and deployment; and
(ii) regarding cybersecurity resources and programs
available through Federal agencies, including the Election
Assistance Commission, the Cybersecurity and Infrastructure
Security Agency, the Federal Trade Commission, and the
National Institute of Standards and Technology.
(c) Allocation.--
(1) Allocation for high-cost areas.--
(A) In general.--On or after the date on which the
broadband DATA maps are made public, the Assistant Secretary
shall allocate to eligible entities, in accordance with
subparagraph (B) of this paragraph, 10 percent of the amount
appropriated pursuant to subsection (b)(2).
(B) Formula.--The Assistant Secretary shall calculate the
amount allocated to an eligible entity under subparagraph (A)
by--
(i) dividing the number of unserved locations in high-
cost areas in the eligible entity by the total number of
unserved locations in high-cost areas in the United States;
and
(ii) multiplying the quotient obtained under clause (i)
by the amount made available under subparagraph (A).
(2) Minimum initial allocation.--Of the amount appropriated
pursuant to subsection (b)(2)--
(A) except as provided in subparagraph (B) of this
paragraph, $100,000,000 shall be allocated to each State; and
(B) $100,000,000 shall be allocated to, and divided equally
among, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(3) Allocation of remaining amounts.--
(A) In general.--On or after the date on which the
broadband DATA maps are made public, of the amount appropriated
pursuant to subsection (b)(2), the Assistant Secretary shall
allocate to eligible entities, in accordance with subparagraph
(B) of this paragraph, the amount remaining after compliance
with paragraphs (1) and (2) of this subsection.
(B) Allocation.--The amount allocated to an eligible entity
under subparagraph (B) shall be calculated by--
(i) dividing the number of unserved locations in the
eligible entity by the total number of unserved locations
in the United States; and
(ii) multiplying the quotient obtained under clause (i)
by the amount made available under subparagraph (A).
(4) Availability conditioned on approval of applications.--The
availability of amounts allocated under paragraph (1), (2), or (3)
to an eligible entity shall be subject to approval by the Assistant
Secretary of the letter of intent, initial proposal, or final
proposal of the eligible entity, as applicable, under subsection
(e).
(5) Contingency procedures.--
(A) Definition.--In this paragraph, the term ``covered
application'' means a letter of intent, initial proposal, or
final proposal under this section.
(B) Political subdivisions and consortia.--
(i) Application failures.--The Assistant Secretary, in
carrying out the Program, shall provide that if an eligible
entity fails to submit a covered application by the
applicable deadline, or a covered application submitted by
an eligible entity is not approved by the applicable
deadline, a political subdivision or consortium of
political subdivisions of the eligible entity may submit
the applicable type of covered application in place of the
eligible entity.
(ii) Treatment of political subdivision or consortium
as eligible entity.--In the case of a political subdivision
or consortium of political subdivisions that submits a
covered application under clause (i) that is approved by
the Assistant Secretary--
(I) except as provided in subclause (II) of this
clause, any reference in this section to an eligible
entity shall be deemed to refer to the political
subdivision or consortium; and
(II) any reference in this section to an eligible
entity in a geographic sense shall be deemed to refer
to the eligible entity in whose place the political
subdivision or consortium submitted the covered
application.
(C) Reallocation to other eligible entities.--
(i) Application failures.--The Assistant Secretary, in
carrying out the Program, shall provide that if an eligible
entity fails to submit a covered application by the
applicable deadline, or a covered application submitted by
an eligible entity is not approved by the applicable
deadline, as provided in subparagraph (A)), and no
political subdivision or consortium of political
subdivisions of the eligible entity submits a covered
application by the applicable deadline, or no covered
application submitted by such a political subdivision or
consortium is approved by the applicable deadline, as
provided in subparagraph (B), the Assistant Secretary--
(I) shall reallocate the amounts that would have
been available to the eligible entity pursuant to that
type of covered application to other eligible entities
that submitted that type of covered application by the
applicable deadline; and
(II) shall reallocate the amounts described in
subclause (I) of this clause in accordance with the
formula under paragraph (3).
(ii) Failure to use full allocation.--The Assistant
Secretary, in carrying out the Program, shall provide that
if an eligible entity fails to use the full amount
allocated to the eligible entity under this subsection by
the applicable deadline, the Assistant Secretary--
(I) shall reallocate the unused amounts to other
eligible entities with approved final proposals; and
(II) shall reallocate the amounts described in
subclause (I) in accordance with the formula under
paragraph (3).
(d) Administrative Expenses.--
(1) Assistant secretary.--The Assistant Secretary may use not
more than 2 percent of amounts appropriated pursuant to subsection
(b) for administrative purposes.
(2) Eligible entities.--
(A) Pre-deployment planning.--An eligible entity may use
not more than 5 percent of the amount allocated to the eligible
entity under subsection (c)(2) for the planning and pre-
deployment activities under subsection (e)(1)(C).
(B) Administration.--An eligible entity may use not more
than 2 percent of the grant amounts made available to the
eligible entity under subsection (e) for expenses relating
(directly or indirectly) to administration of the grant.
(e) Implementation.--
(1) Initial program deployment and planning.--
(A) Notice of funding opportunity; process.--Not later than
180 days after the date of enactment of this Act, the Assistant
Secretary shall--
(i) issue a notice of funding opportunity for the
Program that--
(I) notifies eligible entities of--
(aa) the establishment of the Program; and
(bb) the amount of the minimum initial
allocation to each eligible entity under subsection
(c)(2);
(II) invites eligible entities to submit letters of
intent under subparagraph (B) in order to--
(aa) participate in the Program; and
(bb) receive funding for planning and pre-
deployment activities under subparagraph (C);
(III) contains details about the Program, including
an outline of the requirements for--
(aa) applications for grants under the Program,
which shall consist of letters of intent, initial
proposals, and final proposals; and
(bb) allowed uses of grant amounts awarded
under this section, as provided in subsection (f);
and
(IV) includes any other information determined
relevant by the Assistant Secretary;
(ii) establish a process, in accordance with
subparagraph (C), through which to provide funding to
eligible entities for planning and pre-deployment
activities;
(iii) develop and make public a standard online
application form that an eligible entity may use to submit
an initial proposal and final proposal for the grant
amounts allocated to the eligible entity under subsection
(c);
(iv) publish a template--
(I) initial proposal that complies with paragraph
(3)(A); and
(II) final proposal that complies with paragraph
(4)(A); and
(v) in consultation with the Commission, establish
standards for how an eligible entity shall assess the
capabilities and capacities of a prospective subgrantee
under subsection (g)(2)(A).
(B) Letter of intent.--
(i) In general.--An eligible entity that wishes to
participate in the Program shall file a letter of intent to
participate in the Program consistent with this
subparagraph.
(ii) Form and contents.--The Assistant Secretary may
establish the form and contents required for a letter of
intent under this subparagraph, which contents may
include--
(I) details of--
(aa) the existing broadband program or office
of the eligible entity, including--
(AA) activities that the program or office
currently conducts;
(BB) the number of rounds of broadband
deployment grants that the eligible entity has
awarded, if applicable;
(CC) whether the eligible entity has an
eligible entity-wide plan and goal for
availability of broadband, and any relevant
deadlines, as applicable; and
(DD) the amount of funding that the
eligible entity has available for broadband
deployment or other broadband-related
activities, including data collection and local
planning, and the sources of that funding,
including whether the funds are from the
eligible entity or from the Federal Government
under the American Rescue Plan Act of 2021
(Public Law 117-2);
(bb) the number of full-time employees and
part-time employees of the eligible entity who will
assist in administering amounts received under the
Program and the duties assigned to those employees;
(cc) relevant contracted support; and
(dd) the goals of the eligible entity for the
use of amounts received under the Program, the
process that the eligible entity will use to
distribute those amounts to subgrantees, the
timeline for awarding subgrants, and oversight and
reporting requirements that the eligible entity
will impose on subgrantees;
(II) the identification of known barriers or
challenges to developing and administering a program to
administer grants received under the Program, if
applicable;
(III) the identification of the additional capacity
needed by the eligible entity to implement the
requirements under this section, such as--
(aa) enhancing the capacity of the broadband
program or office of the eligible entity by
receiving technical assistance from Federal
entities or other partners, hiring additional
employees, or obtaining support from contracted
entities; or
(bb) acquiring additional programmatic
information or data, such as through surveys or
asset inventories;
(IV) an explanation of how the needs described in
subclause (III) were identified and how funds may be
used to address those needs, including target areas;
(V) details of any relevant partners, such as
organizations that may inform broadband deployment and
adoption planning; and
(VI) any other information determined relevant by
the Assistant Secretary.
(C) Planning funds.--
(i) In general.--The Assistant Secretary shall
establish a process through which an eligible entity, in
submitting a letter of intent under subparagraph (B), may
request access to not more than 5 percent of the amount
allocated to the eligible entity under subsection (c)(2)
for use consistent with this subparagraph.
(ii) Funding availability.--If the Assistant Secretary
approves a request from an eligible entity under clause
(i), the Assistant Secretary shall make available to the
eligible entity an amount, as determined appropriate by the
Assistant Secretary, that is not more than 5 percent of the
amount allocated to the eligible entity under subsection
(c)(2).
(iii) Eligible use.--The Assistant Secretary shall
determine the allowable uses of amounts made available
under clause (ii), which may include--
(I) research and data collection, including initial
identification of unserved locations and underserved
locations;
(II) the development of a preliminary budget for
pre-planning activities;
(III) publications, outreach, and communications
support;
(IV) providing technical assistance, including
through workshops and events;
(V) training for employees of the broadband program
or office of the eligible entity or employees of
political subdivisions of the eligible entity, and
related staffing capacity or consulting or contracted
support; and
(VI) with respect to an office that oversees
broadband programs and broadband deployment in an
eligible entity, establishing, operating, or increasing
the capacity of such a broadband office.
(D) Action plan.--
(i) In general.--An eligible entity that receives
funding from the Assistant Secretary under subparagraph (C)
shall submit to the Assistant Secretary a 5-year action
plan, which shall--
(I) be informed by collaboration with local and
regional entities; and
(II) detail--
(aa) investment priorities and associated
costs;
(bb) alignment of planned spending with
economic development, telehealth, and related
connectivity efforts.
(ii) Requirements of action plans.--The Assistant
Secretary shall establish requirements for the 5-year
action plan submitted by an eligible entity under clause
(i), which may include requirements to--
(I) address local and regional needs in the
eligible entity with respect to broadband service;
(II) propose solutions for the deployment of
affordable broadband service in the eligible entity;
(III) include localized data with respect to the
deployment of broadband service in the eligible entity,
including by identifying locations that should be
prioritized for Federal support with respect to that
deployment;
(IV) ascertain how best to serve unserved locations
in the eligible entity, whether through the
establishment of cooperatives or public-private
partnerships;
(V) identify the technical assistance that would be
necessary to carry out the plan; and
(VI) assess the amount of time it would take to
build out universal broadband service in the eligible
entity.
(2) Notice of available amounts; invitation to submit initial
and final proposals.--On or after the date on which the broadband
DATA maps are made public, the Assistant Secretary, in coordination
with the Commission, shall issue a notice to each eligible entity
that--
(A) contains the estimated amount available to the eligible
entity under subsection (c); and
(B) invites the eligible entity to submit an initial
proposal and final proposal for a grant under this section, in
accordance with paragraphs (3) and (4) of this subsection.
(3) Initial proposal.--
(A) Submission.--
(i) In general.--After the Assistant Secretary issues
the notice under paragraph (2), an eligible entity that
wishes to receive a grant under this section shall submit
an initial proposal for a grant, using the online
application form developed by the Assistant Secretary under
paragraph (1)(A)(iii), that--
(I) outlines long-term objectives for deploying
broadband, closing the digital divide, and enhancing
economic growth and job creation, including--
(aa) information developed by the eligible
entity as part of the action plan submitted under
paragraph (1)(D), if applicable; and
(bb) information from any comparable strategic
plan otherwise developed by the eligible entity, if
applicable;
(II)(aa) identifies, and outlines steps to support,
local and regional broadband planning processes or
ongoing efforts to deploy broadband or close the
digital divide; and
(bb) describes coordination with local governments,
along with local and regional broadband planning
processes;
(III) identifies existing efforts funded by the
Federal Government or a State within the jurisdiction
of the eligible entity to deploy broadband and close
the digital divide;
(IV) includes a plan to competitively award
subgrants to ensure timely deployment of broadband;
(V) identifies--
(aa) each unserved location or underserved
location under the jurisdiction of the eligible
entity; and
(bb) each community anchor institution under
the jurisdiction of the eligible entity that is an
eligible community anchor institution; and
(VI) certifies the intent of the eligible entity to
comply with all applicable requirements under this
section, including the reporting requirements under
subsection (j)(1).
(ii) Local coordination.--
(I) In general.--The Assistant Secretary shall
establish local coordination requirements for eligible
entities to follow, to the greatest extent practicable.
(II) Requirements.-- The local coordination
requirements established under subclause (I) shall
include, at minimum, an opportunity for political
subdivisions of an eligible entity to--
(aa) submit plans for consideration by the
eligible entity; and
(bb) comment on the initial proposal of the
eligible entity before the initial proposal is
submitted to the Assistant Secretary.
(B) Single initial proposal.--An eligible entity may submit
only 1 initial proposal under this paragraph.
(C) Corrections to initial proposal.--The Assistant
Secretary may accept corrections to the initial proposal of an
eligible entity after the initial proposal has been submitted.
(D) Consideration of initial proposal.--After receipt of an
initial proposal for a grant under this paragraph, the
Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete--
(I) shall determine whether the use of funds
proposed in the initial proposal--
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial
proposal based on the determinations under subclause
(I); and
(III) if the Assistant Secretary approves the
initial proposal under clause (ii)(II), shall make
available to the eligible entity--
(aa) 20 percent of the grant funds that were
allocated to the eligible entity under subsection
(c); or
(bb) a higher percentage of the grant funds
that were allocated to the eligible entity under
subsection (c), at the discretion of the Assistant
Secretary; and
(iii) if the initial proposal is incomplete, or is
disapproved under clause (ii)(II), shall notify the
eligible entity and provide the eligible entity with an
opportunity to resubmit the initial proposal.
(E) Consideration of resubmitted initial proposal.--After
receipt of a resubmitted initial proposal for a grant under
this paragraph, the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is complete--
(I) shall determine whether the use of funds
proposed in the initial proposal--
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the initial
proposal based on the determinations under subclause
(I); and
(III) if the Assistant Secretary approves the
initial proposal under clause (ii)(II), shall make
available to the eligible entity--
(aa) 20 percent of the grant funds that were
allocated to the eligible entity under subsection
(c); or
(bb) a higher percentage of the grant funds
that were allocated to the eligible entity under
subsection (c), at the discretion of the Assistant
Secretary; and
(iii) if the initial proposal is incomplete, or is
disapproved under clause (ii)(II), shall notify the
eligible entity and provide the eligible entity with an
opportunity to resubmit the initial proposal.
(4) Final proposal.--
(A) Submission.--
(i) In general.--After the Assistant Secretary
approvals the initial proposal of an eligible entity under
paragraph (3), the eligible entity may submit a final
proposal for the remainder of the amount allocated to the
eligible entity under subsection (c), using the online
application form developed by the Assistant Secretary under
paragraph (1)(A)(iii), that includes--
(I) a detailed plan that specifies how the eligible
entity will--
(aa) allocate grant funds for the deployment of
broadband networks to unserved locations and
underserved locations, in accordance with
subsection (h)(1)(A)(i); and
(bb) align the grant funds allocated to the
eligible entity under subsection (c), where
practicable, with the use of other funds that the
eligible entity receives from the Federal
Government, a State, or a private entity for
related purposes;
(II) a timeline for implementation;
(III) processes for oversight and accountability to
ensure the proper use of the grant funds allocated to
the eligible entity under subsection (c); and
(IV) a description of coordination with local
governments, along with local and regional broadband
planning processes.
(ii) Local coordination.--
(I) In general.--The Assistant Secretary shall
establish local coordination requirements for eligible
entities to follow, to the greatest extent practicable.
(II) Requirements.-- The local coordination
requirements established under subclause (I) shall
include, at minimum, an opportunity for political
subdivisions of an eligible entity to--
(aa) submit plans for consideration by the
eligible entity; and
(bb) comment on the final proposal of the
eligible entity before the final proposal is
submitted to the Assistant Secretary.
(iii) Federal coordination.--To ensure efficient and
effective use of taxpayer funds, an eligible entity shall,
to the greatest extent practicable, align the use of grant
funds proposed in the final proposal under clause (i) with
funds available from other Federal programs that support
broadband deployment and access.
(B) Single final proposal.--An eligible entity may submit
only 1 final proposal under this paragraph.
(C) Corrections to final proposal.--The Assistant Secretary
may accept corrections to the final proposal of an eligible
entity after the final proposal has been submitted.
(D) Consideration of final proposal.--After receipt of a
final proposal for a grant under this paragraph, the Assistant
Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is complete--
(I) shall determine whether the use of funds
proposed in the final proposal--
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal
based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final
proposal under clause (ii)(II), shall make available to
the eligible entity the remainder of the grant funds
allocated to the eligible entity under subsection (c);
and
(iii) if the final proposal is incomplete, or is
disapproved under clause (ii)(II), shall notify the
eligible entity and provide the eligible entity with an
opportunity to resubmit the final proposal.
(E) Consideration of resubmitted final proposal.--After
receipt of a resubmitted final proposal for a grant under this
paragraph, the Assistant Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is complete--
(I) shall determine whether the use of funds
proposed in the final proposal--
(aa) complies with subsection (f);
(bb) is in the public interest; and
(cc) effectuates the purposes of this Act;
(II) shall approve or disapprove the final proposal
based on the determinations under subclause (I); and
(III) if the Assistant Secretary approves the final
proposal under clause (ii)(II), shall make available to
the eligible entity the remainder of the grant funds
allocated to the eligible entity under subsection (c);
and
(iii) if the final proposal is incomplete, or is
disapproved under clause (ii)(II), shall notify the
eligible entity and provide the eligible entity with an
opportunity to resubmit the final proposal.
(f) Use of Funds.--An eligible entity may use grant funds received
under this section to competitively award subgrants for--
(1) unserved service projects and underserved service projects;
(2) connecting eligible community anchor institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or providing
reduced-cost broadband within a multi-family residential building,
with priority given to a residential building that--
(A) has a substantial share of unserved households; or
(B) is in a location in which the percentage of individuals
with a household income that is at or below 150 percent of the
poverty line applicable to a family of the size involved (as
determined under section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)) is higher than the national
percentage of such individuals;
(5) broadband adoption, including programs to provide
affordable internet-capable devices; and
(6) any use determined necessary by the Assistant Secretary to
facilitate the goals of the Program.
(g) General Program Requirements.--
(1) Subgrantee obligations.--A subgrantee, in carrying out
activities using amounts received from an eligible entity under
this section--
(A) shall adhere to quality-of-service standards, as
established by the Assistant Secretary;
(B) shall comply with prudent cybersecurity and supply
chain risk management practices, as specified by the Assistant
Secretary, in consultation with the Director of the National
Institute of Standards and Technology and the Commission;
(C) shall incorporate best practices, as defined by the
Assistant Secretary, for ensuring reliability and resilience of
broadband infrastructure; and
(D) may not use the amounts to purchase or support--
(i) any covered communications equipment or service, as
defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608); or
(ii) fiber optic cable and optical transmission
equipment manufactured in the People's Republic of China,
except that the Assistant Secretary may waive the
application of this clause with respect to a project if the
eligible entity that awards a subgrant for the project
shows that such application would unreasonably increase the
cost of the project.
(2) Eligible entity obligations.--In distributing funds to
subgrantees under this section, an eligible entity shall--
(A) ensure that any prospective subgrantee--
(i) is capable of carrying out activities funded by the
subgrant in a competent manner in compliance with all
applicable Federal, State, and local laws;
(ii) has the financial and managerial capacity to
meet--
(I) the commitments of the subgrantee under the
subgrant;
(II) the requirements of the Program; and
(III) such requirements as may be further
prescribed by the Assistant Secretary; and
(iii) has the technical and operational capability to
provide the services promised in the subgrant in the manner
contemplated by the subgrant award;
(B) stipulate, in any contract with a subgrantee for the
use of such funds, reasonable provisions for recovery of funds
for nonperformance; and
(C)(i) distribute the funds in an equitable and non-
discriminatory manner; and
(ii) ensure, through a stipulation in any contract with a
subgrantee for the use of such funds, that each subgrantee uses
the funds in an equitable and nondiscriminatory manner.
(3) Deobligation of awards; internet disclosure.--The Assistant
Secretary--
(A) shall establish, in coordination with relevant Federal
and State partners, appropriate mechanisms to ensure
appropriate use of funds made available under this section;
(B) may, in addition to other authority under applicable
law--
(i) deobligate grant funds awarded to an eligible
entity that--
(I) violates paragraph (2); or
(II) demonstrates an insufficient level of
performance, or wasteful or fraudulent spending, as
defined in advance by the Assistant Secretary; and
(ii) award grant funds that are deobligated under
clause (i) to new or existing applicants consistent with
this section; and
(C) shall create and maintain a fully searchable database,
accessible on the internet at no cost to the public, that
contains information sufficient to allow the public to
understand and monitor grants and subgrants awarded under the
Program.
(h) Broadband Network Deployment.--
(1) Order of awards; priority.--
(A) In general.--An eligible entity, in awarding subgrants
for the deployment of a broadband network using grant funds
received under this section, as authorized under subsection
(f)(1)--
(i) shall award funding in a manner that--
(I) prioritizes unserved service projects;
(II) after certifying to the Assistant Secretary
that the eligible entity will ensure coverage of
broadband service to all unserved locations within the
eligible entity, prioritizes underserved service
projects; and
(III) after prioritizing underserved service
projects, provides funding to connect eligible
community anchor institutions;
(ii) in providing funding under subclauses (I), (II),
and (III) of clause (i), shall prioritize funding for
deployment of broadband infrastructure for priority
broadband projects;
(iii) may not exclude cooperatives, nonprofit
organizations, public-private partnerships, private
companies, public or private utilities, public utility
districts, or local governments from eligibility for such
grant funds; and
(iv) shall give priority to projects based on--
(I) deployment of a broadband network to persistent
poverty counties or high-poverty areas;
(II) the speeds of the proposed broadband service;
(III) the expediency with which a project can be
completed; and
(IV) a demonstrated record of and plans to be in
compliance with Federal labor and employment laws.
(B) Authority of assistant secretary.--The Assistant
Secretary may provide additional guidance on the prioritization
of subgrants awarded for the deployment of a broadband network
using grant funds received under this section.
(2) Challenge process.--
(A) In general.--After submitting an initial proposal under
subsection (e)(3) and before allocating grant funds received
under this section for the deployment of broadband networks, an
eligible entity shall ensure a transparent, evidence-based, and
expeditious challenge process under which a unit of local
government, nonprofit organization, or other broadband service
provider can challenge a determination made by the eligible
entity in the initial proposal as to whether a particular
location or community anchor institution within the
jurisdiction of the eligible entity is eligible for the grant
funds, including whether a particular location is unserved or
underserved.
(B) Final identification; notification of funding
eligibility.--After resolving each challenge under subparagraph
(A), and not later than 60 days before allocating grant funds
received under this section for the deployment of broadband
networks, an eligible entity shall provide public notice of the
final classification of each unserved location, underserved
location, or eligible community anchor institution within the
jurisdiction of the eligible entity.
(C) Consultation with ntia.--An eligible entity shall
notify the Assistant Secretary of any modification to the
initial proposal of the eligible entity submitted under
subsection (e)(3) that is necessitated by a successful
challenge under subparagraph (A) of this paragraph.
(D) NTIA authority.--The Assistant Secretary--
(i) may modify the challenge process required under
subparagraph (A) as necessary; and
(ii) may reverse the determination of an eligible
entity with respect to the eligibility of a particular
location or community anchor institution for grant funds
under this section.
(E) Expediting broadband data collection activities.--
(i) Deadline for resolution of challenge process under
broadband data act.--Section 802(b)(5)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 642(b)(5)(C)(i)) is
amended by striking ``challenges'' and inserting the
following: ``challenges, which shall require that the
Commission resolve a challenge not later than 90 days after
the date on which a final response by a provider to a
challenge to the accuracy of a map or information described
in subparagraph (A) is complete''.
(ii) Paperwork reduction act exemption expansion.--
Section 806(b) of the Communications Act of 1934 (47 U.S.C.
646(b)) is amended by striking ``the initial rule making
required under section 802(a)(1)'' and inserting ``any rule
making or other action by the Commission required under
this title''.
(iii) Implementation.--The Commission shall implement
the amendments made by this subparagraph as soon as
possible after the date of enactment of this Act.
(3) Non-federal share of broadband infrastructure deployment
costs.--
(A) In general.--
(i) Matching requirement.--In allocating grant funds
received under this section for deployment of broadband
networks, an eligible entity shall provide, or require a
subgrantee to provide, a contribution, derived from non-
Federal funds (or funds from a Federal regional commission
or authority), except in high-cost areas or as otherwise
provided by this Act, of not less than 25 percent of
project costs.
(ii) Waiver.--Upon request by an eligible entity or a
subgrantee, the Assistant Secretary may reduce or waive the
required matching contribution under clause (i).
(B) Source of match.--A matching contribution under
subparagraph (A)--
(i) may be provided by an eligible entity, a unit of
local government, a utility company, a cooperative, a
nonprofit organization, a for-profit company, regional
planning or governmental organization, a Federal regional
commission or authority, or any combination thereof;
(ii) may include in-kind contributions; and
(iii) may include funds that were provided to an
eligible entity or a subgrantee--
(I) under--
(aa) the Families First Coronavirus Response
Act (Public Law 116-127; 134 Stat. 178);
(bb) the CARES Act (Public Law 116-136; 134
Stat. 281);
(cc) the Consolidated Appropriations Act, 2021
(Public Law 116-260; 134 Stat. 1182);
(dd) the American Rescue Plan Act of 2021
(Public Law 117-2; 135 Stat. 4); or
(ee) any amendment made by an Act described in
any of items (aa) through (dd); and
(II) for the purpose of deployment of broadband
service, as described in the applicable provision of
law described in subclause (I).
(C) Definition.--For purposes of this paragraph, the term
``Federal regional commission or authority'' means--
(i) the Appalachian Regional Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional Commission.
(4) Deployment and provision of service requirements.--An
entity that receives a subgrant under subsection (f)(1) for the
deployment of a broadband network--
(A) in providing broadband service using the network--
(i) shall provide broadband service--
(I) at a speed of not less than 100 megabits per
second for downloads and 20 megabits per second for
uploads;
(II) with a latency that is sufficiently low to
allow reasonably foreseeable, real-time, interactive
applications; and
(III) with network outages that do not exceed, on
average, 48 hours over any 365-day period; and
(ii) shall provide access to broadband service to each
customer served by the project that desires broadband
service;
(B) shall offer not less than 1 low-cost broadband service
option for eligible subscribers, as those terms are defined in
paragraph (5) of this subsection;
(C) shall deploy the broadband network and begin providing
broadband service to each customer that desires broadband
service not later than 4 years after the date on which the
entity receives the subgrant, except that an eligible entity
may extend the deadline under this subparagraph if--
(i) the eligible entity has a plan for use of the grant
funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of
time to allow the project to be completed;
(D) for any project that involves laying fiber optic cables
or conduit underground or along a roadway, shall include
interspersed conduit access points at regular and short
intervals;
(E) may use the subgrant to deploy broadband infrastructure
in or through any area required to reach interconnection points
or otherwise to ensure the technical feasibility and financial
sustainability of a project providing broadband service to an
unserved location, underserved location, or eligible community
anchor institution;
(F) once the network has been deployed, shall provide
public notice, online and through other means, of that fact to
the locations and areas to which broadband service has been
provided and share the public notice with the eligible entity
that awarded the subgrant;
(G) shall carry out public awareness campaigns in service
areas that are designed to highlight the value and benefits of
broadband service in order to increase the adoption of
broadband service by consumers; and
(H) if the entity is no longer able to provide broadband
service to the locations covered by the subgrant at any time,
shall sell the network capacity at a reasonable, wholesale rate
on a nondiscriminatory basis to other broadband service
providers or public sector entities.
(5) Low-cost broadband service option.--
(A) Definitions.--In this paragraph--
(i) the term ``eligible subscriber'' shall have the
meaning given the term by the Assistant Secretary for
purposes of this paragraph; and
(ii) the term ``low-cost broadband service option''
shall be defined by an eligible entity for subgrantees of
the eligible entity in accordance with subparagraph (B).
(B) Defining ``low-cost broadband service option''.--
(i) Proposal.--An eligible entity shall submit to the
Assistant Secretary for approval, in the final proposal of
the eligible entity submitted under subsection (e)(4), a
proposed definition of ``low-cost broadband service
option'' that shall apply to subgrantees of the eligible
entity for purposes of the requirement under paragraph
(4)(B) of this subsection.
(ii) Consultation.--An eligible entity shall consult
with the Assistant Secretary and prospective subgrantees
regarding a proposed definition of ``low-cost broadband
service option'' before submitting the proposed definition
to the Assistant Secretary under clause (i).
(iii) Approval of assistant secretary.--
(I) In general.--A proposed definition of ``low-
cost broadband service option'' submitted by an
eligible entity under clause (i) shall not take effect
until the Assistant Secretary approves the final
proposal of the eligible entity submitted under
subsection (e)(4), including approval of the proposed
definition of ``low-cost broadband service option''.
(II) Resubmission.--If the Assistant Secretary does
not approve a proposed definition of ``low-cost
broadband service option'' submitted by an eligible
entity under clause (i), the Assistant Secretary
shall--
(aa) notify the eligible entity and provide the
eligible entity with an opportunity to resubmit the
final proposal, as provided in subsection (e)(4),
with an improved definition of ``low-cost broadband
service option''; and
(bb) provide the eligible entity with
instructions on how to cure the defects in the
proposed definition.
(iv) Public disclosure.--After the Assistant Secretary
approves the final proposal of an eligible entity under
subsection (e)(4), and before the Assistant Secretary
disburses any funds to the eligible entity based on that
approval, the Assistant Secretary shall publicly disclose
the eligible entity's definition of ``low-cost broadband
service option''.
(C) Nonperformance.--The Assistant Secretary shall develop
procedures under which the Assistant Secretary or an eligible
entity may--
(i) evaluate the compliance of a subgrantee with the
requirement under paragraph (4)(B); and
(ii) take corrective action, including recoupment of
funds from the subgrantee, for noncompliance with the
requirement under paragraph (4)(B).
(D) No regulation of rates permitted.--Nothing in this
title may be construed to authorize the Assistant Secretary or
the National Telecommunications and Information Administration
to regulate the rates charged for broadband service.
(E) Guidance.--The Assistant Secretary may issue guidance
to eligible entities to carry out the purposes of this
paragraph.
(6) Return of funds.--An entity that receives a subgrant from
an eligible entity under subsection (f) and fails to comply with
any requirement under this subsection shall return up to the entire
amount of the subgrant to the eligible entity, at the discretion of
the eligible entity or the Assistant Secretary.
(i) Regulations.--The Assistant Secretary may issue such
regulations or other guidance, forms, instructions, and publications as
may be necessary or appropriate to carry out the programs, projects, or
activities authorized under this section, including to ensure that
those programs, projects, or activities are completed in a timely and
effective manner.
(j) Reporting.--
(1) Eligible entities.--
(A) Initial report.--Not later than 90 days after receiving
grant funds under this section, for the sole purposes of
providing transparency and providing information to inform
future Federal broadband planning, an eligible entity shall
submit to the Assistant Secretary a report that--
(i) describes the planned and actual use of funds;
(ii) describes the planned and actual process of
subgranting;
(iii) identifies the establishment of appropriate
mechanisms by the eligible entity to ensure that all
subgrantees of the eligible entity comply with the eligible
uses prescribed under subsection (f); and
(iv) includes any other information required by the
Assistant Secretary.
(B) Semiannual report.--Not later than 1 year after
receiving grant funds under this section, and semiannually
thereafter until the funds have been expended, an eligible
entity shall submit to the Assistant Secretary a report, with
respect to the 6-month period immediately preceding the report
date, that--
(i) describes how the eligible entity expended the
grant funds;
(ii) describes each service provided with the grant
funds;
(iii) describes the number of locations at which
broadband service was made available using the grant funds,
and the number of those locations at which broadband
service was utilized; and
(iv) certifies that the eligible entity complied with
the requirements of this section and with any additional
reporting requirements prescribed by the Assistant
Secretary.
(C) Final report.--Not later than 1 year after an eligible
entity has expended all grant funds received under this
section, the eligible entity shall submit to the Assistant
Secretary a report that--
(i) describes how the eligible entity expended the
funds;
(ii) describes each service provided with the grant
funds;
(iii) describes the number of locations at which
broadband service was made available using the grant funds,
and the number of those locations at which broadband
service was utilized;
(iv) includes each report that the eligible entity
received from a subgrantee under paragraph (2); and
(v) certifies that the eligible entity complied with
the requirements of this section and with any additional
reporting requirements prescribed by the Assistant
Secretary.
(D) Provision to fcc and usda.--Subject to section
904(b)(2) of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) (relating to an interagency
agreement), the Assistant Secretary shall coordinate with the
Commission and the Department of Agriculture, including
providing the final reports received under subparagraph (C) to
the Commission and the Department of Agriculture to be used
when determining whether to award funds for the deployment of
broadband under any program administered by those agencies.
(E) Federal agency reporting requirement.--
(i) Definitions.--In this subparagraph, the terms
``agency'' and ``Federal broadband support program'' have
the meanings given those terms in section 903 of division
FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260) (also known as the ``ACCESS BROADBAND Act'').
(ii) Requirement.--An agency that offers a Federal
broadband support program shall provide data to the
Assistant Secretary, in a manner and format prescribed by
the Assistant Secretary, to promote coordination of efforts
to track construction and use of broadband infrastructure.
(2) Subgrantees.--
(A) Semiannual report.--The recipient of a subgrant from an
eligible entity under this section shall submit to the eligible
entity a semiannual report for the duration of the subgrant to
track the effectiveness of the use of funds provided.
(B) Contents.--Each report submitted under subparagraph (A)
shall--
(i) describe each type of project carried out using the
subgrant and the duration of the subgrant;
(ii) in the case of a broadband infrastructure
project--
(I) include a list of addresses or locations that
constitute the service locations that will be served by
the broadband infrastructure to be constructed;
(II) identify whether each address or location
described in subclause (I) is residential, commercial,
or a community anchor institution;
(III) describe the types of facilities that have
been constructed and installed;
(IV) describe the peak and off-peak actual speeds
of the broadband service being offered;
(V) describe the maximum advertised speed of the
broadband service being offered;
(VI) describe the non-promotional prices, including
any associated fees, charged for different tiers of
broadband service being offered;
(VII) include any other data that would be required
to comply with the data and mapping collection
standards of the Commission under section 1.7004 of
title 47, Code of Federal Regulations, or any successor
regulation, for broadband infrastructure projects; and
(VIII) comply with any other reasonable reporting
requirements determined by the eligible entity or the
Assistant Secretary; and
(iii) certify that the information in the report is
accurate.
(3) Standardization and coordination.--The Assistant Secretary
and the Commission shall collaborate to--
(A) standardize and coordinate reporting of locations at
which broadband service was provided using grant funds received
under this section in accordance with title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.); and
(B) provide a standardized methodology to recipients of
grants and subgrantees under this section for reporting the
information described in subparagraph (A).
(4) Information on broadband subsidies and low-income plans.--
(A) Establishment of website.--Not later than 2 years after
the date of enactment of this Act, the Assistant Secretary, in
consultation with the Commission, shall establish a publicly
available website that--
(i) allows a consumer to determine, based on financial
information entered by the consumer, whether the consumer
is eligible--
(I) to receive a Federal or State subsidy with
respect to broadband service; or
(II) for a low-income plan with respect to
broadband service; and
(ii) contains information regarding how to apply for
the applicable benefit described in clause (i).
(B) Provision of data.--A Federal entity, State entity
receiving Federal funds, or provider of broadband service that
offers a subsidy or low-income plan, as applicable, with
respect to broadband service shall provide data to the
Assistant Secretary in a manner and format as established by
the Assistant Secretary as necessary for the Assistant
Secretary to carry out subparagraph (A).
(k) Relation to Other Public Funding.--Notwithstanding any other
provision of law--
(1) an entity that has received amounts from the Federal
Government or a State or local government for the purpose of
expanding access to broadband service may receive a subgrant under
subsection (f) in accordance with this section; and
(2) the receipt of a subgrant under subsection (f) by an entity
described in paragraph (1) of this subsection shall not affect the
eligibility of the entity to receive the amounts from the Federal
Government or a State or local government described in that
paragraph.
(l) Supplement Not Supplant.--Grant funds awarded to an eligible
entity under this section shall be used to supplement, and not
supplant, the amounts that the eligible entity would otherwise make
available for the purposes for which the grant funds may be used.
(m) Sense of Congress Regarding Federal Agency Coordination.--It is
the sense of Congress that Federal agencies responsible for supporting
broadband deployment, including the Commission, the Department of
Commerce, and the Department of Agriculture, to the extent possible,
should align the goals, application and reporting processes, and
project requirements with respect to broadband deployment supported by
those agencies.
(n) Judicial Review.--
(1) In general.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction to review a
decision of the Assistant Secretary made under this section.
(2) Standard of review.--In carrying out any review described
in paragraph (1), the court shall affirm the decision of the
Assistant Secretary unless--
(A) the decision was procured by corruption, fraud, or
undue means;
(B) there was actual partiality or corruption in the
Assistant Secretary; or
(C) the Assistant Secretary was guilty of--
(i) misconduct in refusing to review the administrative
record; or
(ii) any other misbehavior by which the rights of any
party have been prejudiced.
(o) Exemption From Certain Laws.--Any action taken or decision made
by the Assistant Secretary under this section shall be exempt from the
requirements of--
(1) section 3506 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act'');
(2) chapter 5 or 7 of title 5, United States Code (commonly
referred to as the ``Administrative Procedures Act''); and
(3) chapter 6 of title 5, United States Code (commonly referred
to as the ``Regulatory Flexibility Act'').
SEC. 60103. BROADBAND DATA MAPS.
(a) Definition.--In this section, the term ``Commission'' means the
Federal Communications Commission.
(b) Provision of Information.--A broadband provider shall provide
the Commission with any information, in the format, type, or
specification requested by the Commission, necessary to augment the
collection of data by the Commission under--
(1) title VIII of the Communications Act of 1934 (47 U.S.C. 641
et seq.); or
(2) the Form 477 data collection program.
(c) Notice of Initial Broadband DATA Collection Filing Deadline.--
The Commission--
(1) shall provide notice to broadband providers not later than
60 days before the initial deadline for submission of data under
section 802(a)(1)(A) of the Communications Act of 1934 (47 U.S.C.
642(a)(1)(A)); and
(2) notwithstanding any prior decision of the Commission to the
contrary, shall not be required to provide notice not later than 6
months before the initial deadline described in paragraph (1).
(d) Availability of Census Data.--
(1) In general.--Section 802(b)(1) of the Communications Act of
1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end the
following:
``(D) Availability of census data.--The Secretary of
Commerce shall submit to the Commission, for inclusion in the
Fabric, a count of the aggregate number of housing units in
each census block, as collected by the Bureau of the Census.''.
(2) Provision of updated 2020 census data.--Not later than 30
days after receiving a request from the Commission, the Secretary
of Commerce, in implementing the amendment made by paragraph (1),
shall provide the Commission with a count of the aggregate number
of housing units in each census block, as collected during the 2020
decennial census of population.
(e) Publication of Broadband DATA Maps on Internet.--Section
802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is
amended, in the matter preceding paragraph (6), by inserting ``,
including on a publicly available website,'' after ``make public''.
SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal Communications
Commission; and
(2) the term ``universal service goals for broadband'' means
the statutorily mandated goals of universal service for advanced
telecommunications capability under section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302).
(b) Evaluation.--Not later than 30 days after the date of enactment
of this Act, the Commission shall commence a proceeding to evaluate the
implications of this Act and the amendments made by this Act on how the
Commission should achieve the universal service goals for broadband.
(c) Report.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to Congress a
report on the options of the Commission for improving its
effectiveness in achieving the universal service goals for
broadband in light of this Act and the amendments made by this Act,
and other legislation that addresses those goals.
(2) Recommendations.--In the report submitted under paragraph
(1), the Commission may make recommendations for Congress on
further actions the Commission and Congress could take to improve
the ability of the Commission to achieve the universal service
goals for broadband.
(3) Scope of universal service.--In submitting the report under
paragraph (1), the Commission--
(A) may not in any way reduce the congressional mandate to
achieve the universal service goals for broadband; and
(B) may provide recommendations for Congress to expand the
universal service goals for broadband, if the Commission
believes such an expansion is in the public interest.
SEC. 60105. BROADBAND DEPLOYMENT LOCATIONS MAP.
(a) Definitions.--In this section:
(1) Broadband infrastructure.--The term ``broadband
infrastructure'' means any cables, fiber optics, wiring, or other
permanent (integral to the structure) infrastructure, including
wireless infrastructure, that--
(A) is capable of providing access to internet connections
in individual locations; and
(B) is an advanced telecommunications capability, as
defined in section 706(d) of the Telecommunications Act of 1996
(47 U.S.C. 1302(d)).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Deployment locations map.--The term ``Deployment Locations
Map'' means the mapping tool required to be established under
subsection (b).
(b) Establishment of Deployment Locations Map.--Not later than 18
months after the date of enactment of this Act, the Commission shall,
in consultation with all relevant Federal agencies, establish an online
mapping tool to provide a locations overview of the overall geographic
footprint of each broadband infrastructure deployment project funded by
the Federal Government.
(c) Requirements.--The Deployment Locations Map shall be--
(1) the centralized, authoritative source of information on
funding made available by the Federal Government for broadband
infrastructure deployment in the United States; and
(2) made publicly available on the website of the Commission.
(d) Functions.--In establishing the Deployment Locations Map, the
Commission shall ensure that the Deployment Locations Map--
(1) compiles data related to Federal funding for broadband
infrastructure deployment provided by the Commission, the National
Telecommunications and Information Administration, the Department
of Agriculture, the Department of Health and Human Services, the
Department of the Treasury, the Department of Housing and Urban
Development, the Institute of Museum and Library Sciences, and any
other Federal agency that provides such data relating to broadband
infrastructure deployment funding to the Commission, including
funding under--
(A) this Act;
(B) the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136);
(C) the Consolidated Appropriations Act, 2021 (Public Law
116-260);
(D) American Rescue Plan Act of 2021 (Public Law 117-2); or
(E) any Federal amounts appropriated or any Federal program
authorized after the date of enactment of this Act to fund
broadband infrastructure deployment;
(2) contains data, with respect to each broadband
infrastructure deployment program, relating to--
(A) the Federal agency of jurisdiction;
(B) the program title; and
(C) the network type, including wired, terrestrial fixed,
wireless, mobile, and satellite broadband infrastructure
deployment;
(3) allows users to manipulate the Deployment Locations Map to
identify, search, and filter broadband infrastructure deployment
projects by--
(A) company name;
(B) duration timeline, including the dates of a project's
beginning and ending, or anticipated beginning or ending date;
(C) total number of locations to which a project makes
service available; and
(D) relevant download and upload speeds; and
(4) incorporates broadband service availability data as
depicted in the Broadband Map created under section 802(c)(1) of
the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
(e) Periodic Updates.--
(1) In general.--The Commission shall, in consultation with
relevant Federal agencies, ensure the Deployment Locations Map is
maintained and up to date on a periodic basis, but not less
frequently than once every 180 days.
(2) Other federal agencies.--Each Federal agency providing
funding for broadband infrastructure deployment shall report
relevant data to the Commission on a periodic basis.
(f) No Effect on Programmatic Missions.--Nothing in this section
shall be construed to affect the programmatic missions of Federal
agencies providing funding for broadband infrastructure development.
(g) Nonduplication.--The requirements in this section shall be
consistent with and avoid duplication with the provisions of section
903 of division FF of the Consolidated Appropriations Act, 2021 (Public
Law 116-260).
(h) Funding.--Of the amounts appropriated to carry out this
division under this Act, $10,000,000 shall be made available to carry
out this section.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Section 905 of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B), by striking ``during the COVID-19
pandemic'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``180 days after
receiving grant funds'' and inserting ``18 months after
receiving an allocation of funds pursuant to a specific
grant award''; and
(II) in clause (ii), by striking ``revert to the
general fund of the Treasury'' and inserting ``be made
available to other eligible entities for the purposes
provided in this subsection'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``1 year after
receiving grant funds'' and inserting ``4 years after
receiving an allocation of funds pursuant to a specific
grant award'';
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following:
``(iii) Extensions for other projects.--The Assistant
Secretary may, for good cause shown, extend the period
under clause (i) for an eligible entity that proposes to
use the grant funds for an eligible use other than
construction of broadband infrastructure, based on a
detailed showing by the eligible entity of the need for an
extension.''; and
(iii) by adding at the end the following:
``(C) Multiple grant awards.--If the Assistant Secretary
awards multiple grants to an eligible entity under this
subsection, the deadlines under subparagraphs (A) and (B) shall
apply individually to each grant award.''; and
(C) by striking paragraph (6) and inserting the following:
``(6) Administrative expenses of eligible entities.--
``(A) In general.--Except as provided in subparagraph (B),
an eligible entity may use not more than 2 percent of grant
funds received under this subsection for administrative
purposes.
``(B) Broadband infrastructure projects.--An eligible
entity that proposes to use grant funds for the construction of
broadband infrastructure may use an amount of the grant funds
equal to not more than 2.5 percent of the total project cost
for planning, feasibility, and sustainability studies related
to the project.''; and
(2) in subsection (e), by adding at the end the following:
``(6) Additional appropriations for tribal broadband
connectivity program.--
``(A) Definition.--In this paragraph, the term `initial
round of funding'--
``(i) means the allocation under paragraph (2)(E) of
funds appropriated under subsection (b)(1); and
``(ii) does not include any reallocation of funds under
paragraph (2)(F).
``(B) New funding.--If Congress appropriates additional
funds for grants under subsection (c) after the date of
enactment of this Act, the Assistant Secretary--
``(i) may use a portion of the funds to fully fund any
grants under that subsection for which the Assistant
Secretary received an application and which the Assistant
Secretary did not fully fund during the initial round of
funding; and
``(ii) shall allocate any remaining funds through
subsequent funding rounds consistent with the requirements
of this section, except as provided in subparagraph (C) of
this paragraph.
``(C) Exceptions.--If Congress appropriates additional
funds for grants under subsection (c) after the date of
enactment of this Act--
``(i) the Assistant Secretary shall not be required to
issue an additional notice under paragraph (1) of this
subsection, but shall inform eligible entities that
additional funding has been made available for grants under
subsection (c) and describe the changes made to the Tribal
Broadband Connectivity Program under that subsection by
section 60201 of the Infrastructure Investment and Jobs
Act;
``(ii) the requirement under paragraph (2)(C) of this
subsection shall be applied individually to each round of
funding for grants under subsection (c);
``(iii) paragraph (2)(A) of this subsection shall be
applied by substituting `180-day period beginning on the
date on which the Assistant Secretary informs eligible
entities that additional funding has been made available
for grants under subsection (c)' for `90-day period
beginning on the date on which the Assistant Secretary
issues the notice under paragraph (1)'; and
``(iv) notwithstanding paragraph (2)(F) of this
subsection, in the case of funds appropriated under
subsection (b)(1) that were not allocated during the
initial round of funding, the Assistant Secretary may elect
to allocate the funds during any subsequent round of
funding for grants under subsection (c).''.
TITLE III--DIGITAL EQUITY ACT OF 2021
SEC. 60301. SHORT TITLE.
This title may be cited as the ``Digital Equity Act of 2021''.
SEC. 60302. DEFINITIONS.
In this title:
(1) Adoption of broadband.--The term ``adoption of broadband''
means the process by which an individual obtains daily access to
the internet--
(A) at a speed, quality, and capacity--
(i) that is necessary for the individual to accomplish
common tasks; and
(ii) such that the access qualifies as an advanced
telecommunications capability;
(B) with the digital skills that are necessary for the
individual to participate online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning given
the term in section 706(d) of the Telecommunications Act of 1996
(47 U.S.C. 1302(d)).
(3) Aging individual.--The term ``aging individual'' has the
meaning given the term ``older individual'' in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002).
(4) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(5) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(6) Community anchor institution.--The term ``community anchor
institution'' means a public school, a public or multi-family
housing authority, a library, a medical or healthcare provider, a
community college or other institution of higher education, a State
library agency, and any other nonprofit or governmental community
support organization.
(7) Covered household.--The term ``covered household'' means a
household, the income of which for the most recently completed year
is not more than 150 percent of an amount equal to the poverty
level, as determined by using criteria of poverty established by
the Bureau of the Census.
(8) Covered populations.--The term ``covered populations''
means--
(A) individuals who live in covered households;
(B) aging individuals;
(C) incarcerated individuals, other than individuals who
are incarcerated in a Federal correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier, including
individuals who--
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial or ethnic
minority group; and
(H) individuals who primarily reside in a rural area.
(9) Covered programs.--The term ``covered programs'' means the
State Digital Equity Capacity Grant Program established under
section 60304 and the Digital Equity Competitive Grant Program
established under section 60305.
(10) Digital equity.--The term ``digital equity'' means the
condition in which individuals and communities have the information
technology capacity that is needed for full participation in the
society and economy of the United States.
(11) Digital inclusion.--The term ``digital inclusion''--
(A) means the activities that are necessary to ensure that
all individuals in the United States have access to, and the
use of, affordable information and communication technologies,
such as--
(i) reliable fixed and wireless broadband internet
service;
(ii) internet-enabled devices that meet the needs of
the user; and
(iii) applications and online content designed to
enable and encourage self-sufficiency, participation, and
collaboration; and
(B) includes--
(i) obtaining access to digital literacy training;
(ii) the provision of quality technical support; and
(iii) obtaining basic awareness of measures to ensure
online privacy and cybersecurity.
(12) Digital literacy.--The term ``digital literacy'' means the
skills associated with using technology to enable users to find,
evaluate, organize, create, and communicate information.
(13) Disability.--The term ``disability'' has the meaning given
the term in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
(14) Eligible state.--The term ``eligible State'' means--
(A) with respect to planning grants made available under
section 60304(c)(3), a State with respect to which the
Assistant Secretary has approved an application submitted to
the Assistant Secretary under section 60304(c)(3)(C); and
(B) with respect to capacity grants awarded under section
60304(d), a State with respect to which the Assistant Secretary
has approved an application submitted to the Assistant
Secretary under section 60304(d)(2), including approval of the
State Digital Equity Plan developed by the State under section
60304(c).
(15) Gender identity.--The term ``gender identity'' has the
meaning given the term in section 249(c) of title 18, United States
Code.
(16) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e)).
(17) Institution of higher education.--The term ``institution
of higher education''--
(A) has the meaning given the term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001); and
(B) includes a postsecondary vocational institution.
(18) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101(30) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(30)).
(19) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given the
term in section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c)).
(20) Rural area.--The term ``rural area'' has the meaning given
the term in section 601(b)(3) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(b)(3)).
(21) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) Veteran.--The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
(23) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in section
3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102(66)).
SEC. 60303. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a broadband connection and digital literacy are
increasingly critical to how individuals--
(A) participate in the society, economy, and civic
institutions of the United States; and
(B) access health care and essential services, obtain
education, and build careers;
(2) digital exclusion--
(A) carries a high societal and economic cost;
(B) materially harms the opportunity of an individual with
respect to the economic success, educational achievement,
positive health outcomes, social inclusion, and civic
engagement of that individual; and
(C) exacerbates existing wealth and income gaps, especially
those experienced by covered populations;
(3) achieving digital equity for all people of the United
States requires additional and sustained investment and research
efforts;
(4) the Federal Government, as well as State, tribal,
territorial, and local governments, have made social, legal, and
economic obligations that necessarily extend to how the citizens
and residents of those governments access and use the internet; and
(5) achieving digital equity is a matter of social and economic
justice and is worth pursuing.
SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The Assistant Secretary shall establish in the
Department of Commerce the State Digital Equity Capacity Grant
Program (referred to in this section as the ``Program'')--
(A) the purpose of which is to promote the achievement of
digital equity, support digital inclusion activities, and build
capacity for efforts by States relating to the adoption of
broadband by residents of those States;
(B) through which the Assistant Secretary shall make grants
to States in accordance with the requirements of this section;
and
(C) which shall ensure that States have the capacity to
promote the achievement of digital equity and support digital
inclusion activities.
(2) Consultation with other federal agencies; no conflict.--In
establishing the Program under paragraph (1), the Assistant
Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of Museum and Library
Services;
(xi) the Administrator of the Small Business
Administration;
(xii) the Federal Co-Chair of the Appalachian Regional
Commission; and
(xiii) the head of any other agency that the Assistant
Secretary determines to be appropriate; and
(B) ensure that the Program complements and enhances, and
does not conflict with, other Federal broadband initiatives and
programs.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent official)
of a State that wishes to be awarded a grant under this section
shall, from among entities that are eligible under paragraph (2),
select an administering entity for that State, which shall--
(A) serve as the recipient of, and administering agent for,
any grant awarded to the State under this section;
(B) develop, implement, and oversee the State Digital
Equity Plan for the State described in subsection (c);
(C) make subgrants to any entity described in subsection
(c)(1)(D) that is located in the State in support of--
(i) the State Digital Equity Plan for the State; and
(ii) digital inclusion activities in the State
generally; and
(D) serve as--
(i) an advocate for digital equity policy and digital
inclusion activities; and
(ii) a repository of best practice materials regarding
the policies and activities described in clause (i).
(2) Eligible entities.--Any of the following entities may serve
as the administering entity for a State for the purposes of this
section if the entity has demonstrated a capacity to administer the
Program on a statewide level:
(A) The State, a political subdivision, agency, or
instrumentality of the State, an Indian Tribe located in the
State, an Alaska Native entity located in the State, or a
Native Hawaiian organization located in the State.
(B) A foundation, corporation, institution, association, or
coalition that is--
(i) a not-for-profit entity;
(ii) providing services in the State; and
(iii) not a school.
(C) A community anchor institution, other than a school,
that is located in the State.
(D) A local educational agency that is located in the
State.
(E) An entity located in the State that carries out a
workforce development program.
(F) An agency of the State that is responsible for
administering or supervising adult education and literacy
activities in the State.
(G) A public or multi-family housing authority that is
located in the State.
(H) A partnership between any of the entities described in
subparagraphs (A) through (G).
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be awarded a
grant under subsection (d) shall develop a State Digital Equity
Plan for the State, which shall include--
(A) the identification of the barriers to digital equity
faced by covered populations in the State;
(B) measurable objectives for documenting and promoting,
among each group described in subparagraphs (A) through (H) of
section 60302(8) located in that State--
(i) the availability of, and affordability of access
to, fixed and wireless broadband technology;
(ii) the online accessibility and inclusivity of public
resources and services;
(iii) digital literacy;
(iv) awareness of, and the use of, measures to secure
the online privacy of, and cybersecurity with respect to,
an individual; and
(v) the availability and affordability of consumer
devices and technical support for those devices;
(C) an assessment of how the objectives described in
subparagraph (B) will impact and interact with the State's--
(i) economic and workforce development goals, plans,
and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential services;
(D) in order to achieve the objectives described in
subparagraph (B), a description of how the State plans to
collaborate with key stakeholders in the State, which may
include--
(i) community anchor institutions;
(ii) county and municipal governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes, Alaska Native
entities, or Native Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with disabilities, including
organizations that represent children with
disabilities;
(II) aging individuals;
(III) individuals with language barriers,
including--
(aa) individuals who are English learners; and
(bb) individuals who have low levels of
literacy;
(IV) veterans; and
(V) individuals in that State who are incarcerated
in facilities other than Federal correctional
facilities;
(vii) civil rights organizations;
(viii) entities that carry out workforce development
programs;
(ix) agencies of the State that are responsible for
administering or supervising adult education and literacy
activities in the State;
(x) public housing authorities in the State; and
(xi) a partnership between any of the entities
described in clauses (i) through (x); and
(E) a list of organizations with which the administering
entity for the State collaborated in developing and
implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for a State shall
make the State Digital Equity Plan of the State available for
public comment for a period of not less than 30 days before the
date on which the State submits an application to the Assistant
Secretary under subsection (d)(2).
(B) Consideration of comments received.--The administering
entity for a State shall, with respect to an application
submitted to the Assistant Secretary under subsection (d)(2)--
(i) before submitting the application--
(I) consider all comments received during the
comment period described in subparagraph (A) with
respect to the application (referred to in this
subparagraph as the ``comment period''); and
(II) make any changes to the plan that the
administering entity determines to be worthwhile; and
(ii) when submitting the application--
(I) describe any changes pursued by the
administering entity in response to comments received
during the comment period; and
(II) include a written response to each comment
received during the comment period.
(3) Planning grants.--
(A) In general.--Beginning in the first fiscal year that
begins after the date of enactment of this Act, the Assistant
Secretary shall, in accordance with the requirements of this
paragraph, award planning grants to States for the purpose of
developing the State Digital Equity Plans of those States under
this subsection.
(B) Eligibility.--In order to be awarded a planning grant
under this paragraph, a State--
(i) shall submit to the Assistant Secretary an
application under subparagraph (C); and
(ii) may not have been awarded, at any time, a planning
grant under this paragraph.
(C) Application.--A State that wishes to be awarded a
planning grant under this paragraph shall, not later than 60
days after the date on which the notice of funding availability
with respect to the grant is released, submit to the Assistant
Secretary an application, in a format to be determined by the
Assistant Secretary, that contains the following materials:
(i) A description of the entity selected to serve as
the administering entity for the State, as described in
subsection (b).
(ii) A certification from the State that, not later
than 1 year after the date on which the Assistant Secretary
awards the planning grant to the State, the administering
entity for that State shall develop a State Digital Equity
Plan under this subsection, which--
(I) the administering entity shall submit to the
Assistant Secretary; and
(II) shall comply with the requirements of this
subsection, including the requirement under paragraph
(2)(B).
(iii) The assurances required under subsection (e).
(D) Awards.--
(i) Amount of grant.--A planning grant awarded to an
eligible State under this paragraph shall be determined
according to the formula under subsection (d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as provided in subclause
(II), with respect to a planning grant awarded to an
eligible State under this paragraph, the State shall
expend the grant funds during the 1-year period
beginning on the date on which the State is awarded the
grant funds.
(II) Exception.--The Assistant Secretary may grant
an extension of not longer than 180 days with respect
to the requirement under subclause (I).
(iii) Challenge mechanism.--The Assistant Secretary
shall ensure that any eligible State to which a planning
grant is awarded under this paragraph may appeal or
otherwise challenge in a timely fashion the amount of the
grant awarded to the State, as determined under clause (i).
(E) Use of funds.--An eligible State to which a planning
grant is awarded under this paragraph shall, through the
administering entity for that State, use the grant funds only
for the following purposes:
(i) To develop the State Digital Equity Plan of the
State under this subsection.
(ii)(I) Subject to subclause (II), to make subgrants to
any of the entities described in paragraph (1)(D) to assist
in the development of the State Digital Equity Plan of the
State under this subsection.
(II) If the administering entity for a State makes a
subgrant described in subclause (I), the administering
entity shall, with respect to the subgrant, provide to the
State the assurances required under subsection (e).
(d) State Capacity Grants.--
(1) In general.--Beginning not later than 2 years after the
date on which the Assistant Secretary begins awarding planning
grants under subsection (c)(3), the Assistant Secretary shall each
year award grants to eligible States to support--
(A) the implementation of the State Digital Equity Plans of
those States; and
(B) digital inclusion activities in those States.
(2) Application.--A State that wishes to be awarded a grant
under this subsection shall, not later than 60 days after the date
on which the notice of funding availability with respect to the
grant is released, submit to the Assistant Secretary an
application, in a format to be determined by the Assistant
Secretary, that contains the following materials:
(A) A description of the entity selected to serve as the
administering entity for the State, as described in subsection
(b).
(B) The State Digital Equity Plan of that State, as
described in subsection (c).
(C) A certification that the State, acting through the
administering entity for the State, shall--
(i) implement the State Digital Equity Plan of the
State; and
(ii) make grants in a manner that is consistent with
the aims of the Plan described in clause (i).
(D) The assurances required under subsection (e).
(E) In the case of a State to which the Assistant Secretary
has previously awarded a grant under this subsection, any
amendments to the State Digital Equity Plan of that State, as
compared with the State Digital Equity Plan of the State
previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) Formula.--Subject to clauses (ii), (iii), and (iv),
the Assistant Secretary shall calculate the amount of a
grant awarded to an eligible State under this subsection in
accordance with the following criteria, using the best
available data for all States for the fiscal year in which
the grant is awarded:
(I) 50 percent of the total grant amount shall be
based on the population of the eligible State in
proportion to the total population of all eligible
States.
(II) 25 percent of the total grant amount shall be
based on the number of individuals in the eligible
State who are members of covered populations in
proportion to the total number of individuals in all
eligible States who are members of covered populations.
(III) 25 percent of the total grant amount shall be
based on the comparative lack of availability and
adoption of broadband in the eligible State in
proportion to the lack of availability and adoption of
broadband of all eligible States, which shall be
determined according to data collected from--
(aa) the annual inquiry of the Federal
Communications Commission conducted under section
706(b) of the Telecommunications Act of 1996 (47
U.S.C. 1302(b));
(bb) the American Community Survey or, if
necessary, other data collected by the Bureau of
the Census;
(cc) the NTIA Internet Use Survey, which is
administered as the Computer and Internet Use
Supplement to the Current Population Survey of the
Bureau of the Census; and
(dd) any other source that the Assistant
Secretary, after appropriate notice and opportunity
for public comment, determines to be appropriate.
(ii) Minimum award.--The amount of a grant awarded to
an eligible State under this subsection in a fiscal year
shall be not less than 0.5 percent of the total amount made
available to award grants to eligible States for that
fiscal year.
(iii) Additional amounts.--If, after awarding planning
grants to States under subsection (c)(3) and capacity
grants to eligible States under this subsection in a fiscal
year, there are amounts remaining to carry out this
section, the Assistant Secretary shall distribute those
amounts--
(I) to eligible States to which the Assistant
Secretary has awarded grants under this subsection for
that fiscal year; and
(II) in accordance with the formula described in
clause (i).
(iv) Data unavailable.--If, in a fiscal year, the
Commonwealth of Puerto Rico (referred to in this clause as
``Puerto Rico'') is an eligible State and specific data for
Puerto Rico is unavailable for a factor described in
subclause (I), (II), or (II) of clause (i), the Assistant
Secretary shall use the median data point with respect to
that factor among all eligible States and assign it to
Puerto Rico for the purposes of making any calculation
under that clause for that fiscal year.
(B) Duration.--With respect to a grant awarded to an
eligible State under this subsection, the eligible State shall
expend the grant funds during the 5-year period beginning on
the date on which the eligible State is awarded the grant
funds.
(C) Challenge mechanism.--The Assistant Secretary shall
ensure that any eligible State to which a grant is awarded
under this subsection may appeal or otherwise challenge in a
timely fashion the amount of the grant awarded to the State, as
determined under subparagraph (A).
(D) Use of funds.--The administering entity for an eligible
State to which a grant is awarded under this subsection shall
use the grant amounts for the following purposes:
(i)(I) Subject to subclause (II), to update or maintain
the State Digital Equity Plan of the State.
(II) An administering entity for an eligible State to
which a grant is awarded under this subsection may use not
more than 20 percent of the amount of the grant for the
purpose described in subclause (I).
(ii) To implement the State Digital Equity Plan of the
State.
(iii)(I) Subject to subclause (II), to award a grant to
any entity that is described in section 60305(b) and is
located in the eligible State in order to--
(aa) assist in the implementation of the State
Digital Equity Plan of the State;
(bb) pursue digital inclusion activities in the
State consistent with the State Digital Equity Plan of
the State; and
(cc) report to the State regarding the digital
inclusion activities of the entity.
(II) Before an administering entity for an eligible
State may award a grant under subclause (I), the
administering entity shall require the entity to which the
grant is awarded to certify that--
(aa) the entity shall carry out the activities
required under items (aa), (bb), and (cc) of that
subclause;
(bb) the receipt of the grant shall not result in
unjust enrichment of the entity; and
(cc) the entity shall cooperate with any
evaluation--
(AA) of any program that relates to a grant
awarded to the entity; and
(BB) that is carried out by or for the
administering entity, the Assistant Secretary, or
another Federal official.
(iv)(I) Subject to subclause (II), to evaluate the
efficacy of the efforts funded by grants made under clause
(iii).
(II) An administering entity for an eligible State to
which a grant is awarded under this subsection may use not
more than 5 percent of the amount of the grant for a
purpose described in subclause (I).
(v)(I) Subject to subclause (II), for the
administrative costs incurred in carrying out the
activities described in clauses (i) through (iv).
(II) An administering entity for an eligible State to
which a grant is awarded under this subsection may use not
more than 3 percent of the amount of the grant for a
purpose described in subclause (I).
(e) Assurances.--When applying for a grant under this section, a
State shall include in the application for that grant assurances that--
(1) if an entity described in section 60305(b) is awarded grant
funds under this section (referred to in this subsection as a
``covered recipient''), provide that--
(A) the covered recipient shall use the grant funds in
accordance with any applicable statute, regulation, and
application procedure;
(B) the administering entity for that State shall adopt and
use proper methods of administering any grant that the covered
recipient is awarded, including by--
(i) enforcing any obligation imposed under law on any
agency, institution, organization, or other entity that is
responsible for carrying out the program to which the grant
relates;
(ii) correcting any deficiency in the operation of a
program to which the grant relates, as identified through
an audit or another monitoring or evaluation procedure; and
(iii) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law with
respect to a program to which the grant relates; and
(C) the administering entity for that State shall cooperate
in carrying out any evaluation--
(i) of any program that relates to a grant awarded to
the covered recipient; and
(ii) that is carried out by or for the Assistant
Secretary or another Federal official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the State is awarded under this section;
(B) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under this section;
(C) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under this section; and
(D) with respect to any significant proposed change or
amendment to the State Digital Equity Plan for the State, make
the change or amendment available for public comment in
accordance with subsection (c)(2); and
(3) the State, before submitting to the Assistant Secretary the
State Digital Equity Plan of the State, has complied with the
requirements of subsection (c)(2).
(f) Termination of Grant.--
(1) In general.--The Assistant Secretary shall terminate a
grant awarded to an eligible State under this section if, after
notice to the State and opportunity for a hearing, the Assistant
Secretary--
(A) presents to the State a rationale and supporting
information that clearly demonstrates that--
(i) the grant funds are not contributing to the
development or execution of the State Digital Equity Plan
of the State, as applicable; and
(ii) the State is not upholding assurances made by the
State to the Assistant Secretary under subsection (e); and
(B) determines that the grant is no longer necessary to
achieve the original purpose for which Assistant Secretary
awarded the grant.
(2) Redistribution.--If the Assistant Secretary, in a fiscal
year, terminates a grant under paragraph (1), the Assistant
Secretary shall redistribute the unspent grant amounts--
(A) to eligible States to which the Assistant Secretary has
awarded grants under subsection (d) for that fiscal year; and
(B) in accordance with the formula described in subsection
(d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which a grant, including a
subgrant, is awarded under this section to publicly report, for
each year during the period described in subsection
(c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the
grant, and in a format specified by the Assistant Secretary,
on--
(i) the use of that grant by the entity;
(ii) the progress of the entity towards fulfilling the
objectives for which the grant was awarded; and
(iii) the implementation of the State Digital Equity
Plan of the State;
(B) establish appropriate mechanisms to ensure that each
eligible State to which a grant is awarded under this section--
(i) uses the grant amounts in an appropriate manner;
and
(ii) complies with all terms with respect to the use of
the grant amounts; and
(C) create and maintain a fully searchable database, which
shall be accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) the application of each State that has applied for
a grant under this section;
(ii) the status of each application described in clause
(i);
(iii) each report submitted by an entity under
subparagraph (A);
(iv) a record of public comments made regarding the
State Digital Equity Plan of a State, as well as any
written responses to or actions taken as a result of those
comments; and
(v) any other information that is sufficient to allow
the public to understand and monitor grants awarded under
this section; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under this section.
(h) Supplement Not Supplant.--A grant or subgrant awarded under
this section shall supplement, not supplant, other Federal or State
funds that have been made available to carry out activities described
in this section.
(i) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance, including
ensuring consistency in data reporting;
(B) providing assistance to--
(i) States, or administering entities for States, to
prepare the applications of those States; and
(ii) administering entities with respect to grants
awarded under this section; and
(C) developing the report required under section 60306(a);
(2) not less than 5 percent to award grants to, or enter into
contracts or cooperative agreements with, Indian Tribes, Alaska
Native entities, and Native Hawaiian organizations to allow those
tribes, entities, and organizations to carry out the activities
described in this section; and
(3) not less than 1 percent to award grants to, or enter into
contracts or cooperative agreements with, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other territory or possession of the
United States that is not a State to enable those entities to carry
out the activities described in this section.
(j) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $60,000,000 for the award of grants under subsection
(c)(3), which shall remain available until expended;
(2) for the award of grants under subsection (d)--
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years 2023 through
2026; and
(3) such sums as may be necessary to carry out this section for
each fiscal year after the end of the 5-fiscal year period
described in paragraph (2).
SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 30 days after the date on which
the Assistant Secretary begins awarding grants under section
60304(d), and not before that date, the Assistant Secretary shall
establish in the Department of Commerce the Digital Equity
Competitive Grant Program (referred to in this section as the
``Program''), the purpose of which is to award grants to support
efforts to achieve digital equity, promote digital inclusion
activities, and spur greater adoption of broadband among covered
populations.
(2) Consultation; no conflict.--In establishing the Program
under paragraph (1), the Assistant Secretary--
(A) may consult a State with respect to--
(i) the identification of groups described in
subparagraphs (A) through (H) of section 60302(8) located
in that State; and
(ii) the allocation of grant funds within that State
for projects in or affecting the State; and
(B) shall--
(i) consult with--
(I) the Secretary of Agriculture;
(II) the Secretary of Housing and Urban
Development;
(III) the Secretary of Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health and Human Services;
(VI) the Secretary of Veterans Affairs;
(VII) the Secretary of the Interior;
(VIII) the Federal Communications Commission;
(IX) the Federal Trade Commission;
(X) the Director of the Institute of Museum and
Library Services;
(XI) the Administrator of the Small Business
Administration;
(XII) the Federal Co-Chair of the Appalachian
Regional Commission; and
(XIII) the head of any other agency that the
Assistant Secretary determines to be appropriate; and
(ii) ensure that the Program complements and enhances,
and does not conflict with, other Federal broadband
initiatives and programs.
(b) Eligibility.--The Assistant Secretary may award a grant under
the Program to any of the following entities if the entity is not
serving, and has not served, as the administering entity for a State
under section 60304(b):
(1) A political subdivision, agency, or instrumentality of a
State, including an agency of a State that is responsible for
administering or supervising adult education and literacy
activities, or for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a Native
Hawaiian organization.
(3) A foundation, corporation, institution, or association that
is--
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce development program.
(7) A partnership between any of the entities described in
paragraphs (1) through (6).
(8) A partnership between--
(A) an entity described in any of paragraphs (1) through
(6); and
(B) an entity that--
(i) the Assistant Secretary, by rule, determines to be
in the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a grant under
the Program shall submit to the Assistant Secretary an application--
(1) at such time, in such form, and containing such information
as the Assistant Secretary may require; and
(2) that--
(A) provides a detailed explanation of how the entity will
use any grant amounts awarded under the Program to carry out
the purposes of the Program in an efficient and expeditious
manner;
(B) identifies the period in which the applicant will
expend the grant funds awarded under the Program;
(C) includes--
(i) a justification for the amount of the grant that
the applicant is requesting; and
(ii) for each fiscal year in which the applicant will
expend the grant funds, a budget for the activities that
the grant funds will support;
(D) demonstrates to the satisfaction of the Assistant
Secretary that the entity--
(i) is capable of carrying out--
(I) the project or function to which the
application relates; and
(II) the activities described in subsection (h)--
(aa) in a competent manner; and
(bb) in compliance with all applicable Federal,
State, and local laws; and
(ii) if the applicant is an entity described in
subsection (b)(1), shall appropriate or otherwise
unconditionally obligate from non-Federal sources funds
that are necessary to meet the requirements of subsection
(e);
(E) discloses to the Assistant Secretary the source and
amount of other Federal, State, or outside funding sources from
which the entity receives, or has applied for, funding for
activities or projects to which the application relates; and
(F) provides--
(i) the assurances that are required under subsection
(f); and
(ii) an assurance that the entity shall follow such
additional procedures as the Assistant Secretary may
require to ensure that grant funds are used and accounted
for in an appropriate manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In deciding whether
to award a grant under the Program, the Assistant Secretary shall,
to the extent practicable, consider--
(A) whether an application shall, if approved--
(i) increase internet access and the adoption of
broadband among covered populations to be served by the
applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of the application
in relation to other eligible applications; and
(C) the extent to which an application may duplicate or
conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the activities required
under subparagraph (B), an entity to which the Assistant
Secretary awards a grant under the Program shall use the grant
amounts to support not less than 1 of the following activities:
(i) To develop and implement digital inclusion
activities that benefit covered populations.
(ii) To facilitate the adoption of broadband by covered
populations in order to provide educational and employment
opportunities to those populations.
(iii) To implement, consistent with the purposes of
this title--
(I) training programs for covered populations that
cover basic, advanced, and applied skills; or
(II) other workforce development programs.
(iv) To make available equipment, instrumentation,
networking capability, hardware and software, or digital
network technology for broadband services to covered
populations at low or no cost.
(v) To construct, upgrade, expend, or operate new or
existing public access computing centers for covered
populations through community anchor institutions.
(vi) To undertake any other project and activity that
the Assistant Secretary finds to be consistent with the
purposes for which the Program is established.
(B) Evaluation.--
(i) In general.--An entity to which the Assistant
Secretary awards a grant under the Program shall use not
more than 10 percent of the grant amounts to measure and
evaluate the activities supported with the grant amounts.
(ii) Submission to assistant secretary.--An entity to
which the Assistant Secretary awards a grant under the
Program shall submit to the Assistant Secretary each
measurement and evaluation performed under clause (i)--
(I) in a manner specified by the Assistant
Secretary;
(II) not later than 15 months after the date on
which the entity is awarded the grant amounts; and
(III) annually after the submission described in
subclause (II) for any year in which the entity expends
grant amounts.
(C) Administrative costs.--An entity to which the Assistant
Secretary awards a grant under the Program may use not more
than 10 percent of the amount of the grant for administrative
costs in carrying out any of the activities described in
subparagraph (A).
(D) Time limitations.--With respect to a grant awarded to
an entity under the Program, the entity--
(i) except as provided in clause (ii), shall expend the
grant amounts during the 4-year period beginning on the
date on which the entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on the date
that is 4 years after the date on which the entity is
awarded the grant amounts, may continue to measure and
evaluate the activities supported with the grant amounts,
as required under subparagraph (B).
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) Exception.--The Assistant Secretary may grant a waiver with
respect to the limitation on the Federal share of a project
described in paragraph (1) if--
(A) the applicant with respect to the project petitions the
Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the petition
described in subparagraph (A) demonstrates financial need.
(f) Assurances.--When applying for a grant under this section, an
entity shall include in the application for that grant assurances that
the entity shall--
(1) use any grant funds that the entity is awarded--
(A) in accordance with any applicable statute, regulation,
and application procedure; and
(B) to the extent required under applicable law;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on any
agency, institution, organization, or other entity that is
responsible for carrying out a program to which the grant
relates;
(B) correcting any deficiency in the operation of a program
to which the grant relates, as identified through an audit or
another monitoring or evaluation procedure; and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law with
respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded to the
entity; and
(B) that is carried out by or for the Assistant Secretary
or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any Federal
funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may be
necessary to enable the Assistant Secretary to perform the duties
of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the
Assistant Secretary, including those records, that the Assistant
Secretary determines is necessary to enable the Assistant Secretary
to perform the duties of the Assistant Secretary under the Program.
(g) Deobligation or Termination of Grant.--In addition to other
authority under applicable law, the Assistant Secretary may--
(1) deobligate or terminate a grant awarded to an entity under
this section if, after notice to the entity and opportunity for a
hearing, the Assistant Secretary--
(A) presents to the entity a rationale and supporting
information that clearly demonstrates that--
(i) the grant funds are not being used in a manner that
is consistent with the application with respect to the
grant submitted by the entity under subsection (c); and
(ii) the entity is not upholding assurances made by the
entity to the Assistant Secretary under subsection (f); and
(B) determines that the grant is no longer necessary to
achieve the original purpose for which Assistant Secretary
awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary deobligates or terminates under paragraph (1),
competitively award the grant funds to another applicant,
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant Secretary
awards a grant under the Program to, for each year during the
period described in subsection (d)(2)(D) with respect to the
grant, submit to the Assistant Secretary a report, in a format
specified by the Assistant Secretary, regarding--
(i) the amount of the grant;
(ii) the use by the entity of the grant amounts; and
(iii) the progress of the entity towards fulfilling the
objectives for which the grant was awarded;
(B) establish mechanisms to ensure appropriate use of, and
compliance with respect to all terms regarding, grant funds
awarded under the Program;
(C) create and maintain a fully searchable database, which
shall be accessible on the internet at no cost to the public,
that contains, at a minimum--
(i) a list of each entity that has applied for a grant
under the Program;
(ii) a description of each application described in
clause (i), including the proposed purpose of each grant
described in that clause;
(iii) the status of each application described in
clause (i), including whether the Assistant Secretary has
awarded a grant with respect to the application and, if so,
the amount of the grant;
(iv) each report submitted by an entity under
subparagraph (A); and
(v) any other information that is sufficient to allow
the public to understand and monitor grants awarded under
the Program; and
(D) ensure that any entity with respect to which an award
is deobligated or terminated under subsection (g) may, in a
timely manner, appeal or otherwise challenge that deobligation
or termination, as applicable; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity under
the Program shall supplement, not supplant, other Federal or State
funds that have been made available to the entity to carry out
activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) 5 percent for the implementation and administration of the
Program, which shall include--
(A) providing technical support and assistance, including
ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants awarded
under this section;
(C) developing the report required under section 60306(a);
and
(D) conducting outreach to entities that may be eligible to
be awarded a grant under the Program regarding opportunities to
apply for such a grant;
(2) 5 percent to award grants to, or enter into contracts or
cooperative agreements with, Indian Tribes, Alaska Native entities,
and Native Hawaiian organizations to allow those tribes, entities,
and organizations to carry out the activities described in this
section; and
(3) 1 percent to award grants to, or enter into contracts or
cooperative agreements with, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the United States
that is not a State to enable those entities to carry out the
activities described in this section.
(k) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $250,000,000 for each of the first 5 fiscal years in which
funds are made available to carry out this section; and
(2) such sums as may be necessary for each fiscal year after
the end of the 5-fiscal year period described in paragraph (1).
SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING,
EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--Not later than 1 year after the date on which
the Assistant Secretary begins awarding grants under section
60304(d)(1), and annually thereafter, the Assistant Secretary
shall--
(A) submit to the appropriate committees of Congress a
report that documents, for the year covered by the report--
(i) the findings of each evaluation conducted under
subparagraph (B);
(ii) a list of each grant awarded under each covered
program, which shall include--
(I) the amount of each such grant;
(II) the recipient of each such grant; and
(III) the purpose for which each such grant was
awarded;
(iii) any deobligation, termination, or modification of
a grant awarded under the covered programs, which shall
include a description of the subsequent usage of any funds
to which such an action applies; and
(iv) each challenge made by an applicant for, or a
recipient of, a grant under the covered programs and the
outcome of each such challenge; and
(B) conduct evaluations of the activities carried out under
the covered programs, which shall include an evaluation of--
(i) whether eligible States to which grants are awarded
under the program established under section 60304 are--
(I) abiding by the assurances made by those States
under subsection (e) of that section;
(II) meeting, or have met, the stated goals of the
Digital Equity Plans developed by the States under
subsection (c) of that section;
(III) satisfying the requirements imposed by the
Assistant Secretary on those States under subsection
(g) of that section; and
(IV) in compliance with any other rules,
requirements, or regulations promulgated by the
Assistant Secretary in implementing that program; and
(ii) whether entities to which grants are awarded under
the program established under section 60305 are--
(I) abiding by the assurances made by those
entities under subsection (f) of that section;
(II) meeting, or have met, the stated goals of
those entities with respect to the use of the grant
amounts;
(III) satisfying the requirements imposed by the
Assistant Secretary on those States under subsection
(h) of that section; and
(IV) in compliance with any other rules,
requirements, or regulations promulgated by the
Assistant Secretary in implementing that program.
(2) Public availability.--The Assistant Secretary shall make
each report submitted under paragraph (1)(A) publicly available in
an online format that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities; and
(ii) in languages other than English.
(b) Authority to Contract and Enter Into Other Arrangements.--The
Assistant Secretary may award grants and enter into contracts,
cooperative agreements, and other arrangements with Federal agencies,
public and private organizations, and other entities with expertise
that the Assistant Secretary determines appropriate in order to--
(1) evaluate the impact and efficacy of activities supported by
grants awarded under the covered programs; and
(2) develop, catalog, disseminate, and promote the exchange of
best practices, both with respect to and independent of the covered
programs, in order to achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out subsection
(a), and to further the objectives described in paragraphs (1) and (2)
of subsection (b), the Assistant Secretary shall conduct ongoing
collaboration and consult with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and Library
Services;
(11) the Administrator of the Small Business Administration;
(12) the Federal Co-Chair of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or equivalent
officials);
(14) entities serving as administering entities for States
under section 60304(b);
(15) national, State, tribal, and local organizations that
provide digital inclusion, digital equity, or digital literacy
services;
(16) researchers, academics, and philanthropic organizations;
and
(17) other agencies, organizations (including international
organizations), entities (including entities with expertise in the
fields of data collection, analysis and modeling, and evaluation),
and community stakeholders, as determined appropriate by the
Assistant Secretary.
(d) Technical Support and Assistance.--The Assistant Secretary
shall provide technical support and assistance, assistance to entities
to prepare the applications of those entities with respect to grants
awarded under the covered programs, and other resources, to the extent
practicable, to ensure consistency in data reporting and to meet the
objectives of this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
which shall remain available until expended.
SEC. 60307. GENERAL PROVISIONS.
(a) Nondiscrimination.--
(1) In general.--No individual in the United States may, on the
basis of actual or perceived race, color, religion, national
origin, sex, gender identity, sexual orientation, age, or
disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity that is funded in whole or in part with funds made
available to carry out this title.
(2) Enforcement.--The Assistant Secretary shall effectuate
paragraph (1) with respect to any program or activity described in
that paragraph by issuing regulations and taking actions consistent
with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
1).
(3) Judicial review.--Judicial review of an action taken by the
Assistant Secretary under paragraph (2) shall be available to the
extent provided in section 603 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-2).
(b) Technological Neutrality.--The Assistant Secretary shall, to
the extent practicable, carry out this title in a technologically
neutral manner.
(c) Audit and Oversight.--Beginning in the first fiscal year in
which amounts are made available to carry out an activity authorized
under this title, and in each of the 4 fiscal years thereafter, there
is authorized to be appropriated to the Office of Inspector General for
the Department of Commerce $1,000,000 for audits and oversight of funds
made available to carry out this title, which shall remain available
until expended.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Anchor institution.--The term ``anchor institution'' means
a school, library, medical or healthcare provider, community
college or other institution of higher education, or other
community support organization or entity.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, political subdivision of a State, Tribal
government, technology company, electric utility, utility
cooperative, public utility district, telecommunications
company, telecommunications cooperative, nonprofit foundation,
nonprofit corporation, nonprofit institution, nonprofit
association, regional planning counsel, Native entity, or
economic development authority; or
(B) a partnership of 2 or more entities described in
subparagraph (A).
(5) FCC fixed broadband map.--The term ``FCC fixed broadband
map'' means the map created by the Commission under section
802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C.
642(c)(1)(B)).
(6) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
(7) Interconnect.--The term ``interconnect'' means the physical
linking of 2 networks for the mutual exchange of traffic on non-
discriminatory terms and conditions.
(8) Internet exchange facility.--The term ``internet exchange
facility'' means physical infrastructure through which internet
service providers and content delivery networks exchange internet
traffic between their networks.
(9) Middle mile infrastructure.--The term ``middle mile
infrastructure''--
(A) means any broadband infrastructure that does not
connect directly to an end-user location, including an anchor
institution; and
(B) includes--
(i) leased dark fiber, interoffice transport, backhaul,
carrier-neutral internet exchange facilities, carrier-
neutral submarine cable landing stations, undersea cables,
transport connectivity to data centers, special access
transport, and other similar services; and
(ii) wired or private wireless broadband
infrastructure, including microwave capacity, radio tower
access, and other services or infrastructure for a private
wireless broadband network, such as towers, fiber, and
microwave links.
(10) Middle mile grant.--The term ``middle mile grant'' means a
grant awarded under subsection (c).
(11) Native entity.--The term ``Native entity'' means--
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as defined in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517));
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(12) State.--The term ``State'' has the meaning given the term
in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(13) Submarine cable landing station.--The term ``submarine
cable landing station'' means a cable landing station, as that term
is used in section 1.767(a)(5) of title 47, Code of Federal
Regulations (or any successor regulation), that can be utilized to
land a submarine cable by an entity that has obtained a license
under the first section of the Act entitled ``An Act relating to
the landing and operation of submarine cables in the United
States'', approved May 27, 1921 (47 U.S.C. 34) (commonly known as
the ``Cable Landing Licensing Act'').
(14) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the date
of enactment of this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(15) Trust land.--The term ``trust land'' has the meaning given
the term in section 3765 of title 38, United States Code.
(16) Underserved.--The term ``underserved'', with respect to an
area, means an area--
(A) that is designated as a Tribally underserved area
through the process described in subsection (g); or
(B) that--
(i) is of a standard size not larger than a census
block, as established by the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance with the FCC fixed
broadband map, does not have access to broadband service
with--
(I) except as provided in subclause (II)--
(aa) a download speed of not less than 100
megabits per second; and
(bb) an upload speed of not less than 20
megabits per second; or
(II) minimum download and upload speeds established
as benchmarks by the Commission for purposes of this
Act after the date of enactment of this Act, if those
minimum speeds are higher than the minimum speeds
required under subclause (I).
(17) Unserved.--The term ``unserved'', with respect to an area,
means an area--
(A) that is designated as a Tribally underserved area
through the process described in subsection (g); or
(B) that--
(i) is of a standard size not larger than a census
block, as established by the Commission; and
(ii) as determined in accordance with the FCC fixed
broadband map, does not have access to broadband service
with--
(I) except as provided in subclause (II)--
(aa) a download speed of not less than 25
megabits per second; and
(bb) an upload speed of not less than 3
megabits per second; or
(II) minimum download and upload speeds established
as benchmarks by the Commission for purposes of this
Act after the date of enactment of this Act, if those
minimum speeds are higher than the minimum speeds
required under subclause (I).
(b) Purpose; Sense of Congress.--
(1) Purpose.--The purposes of this section are--
(A) to encourage the expansion and extension of middle mile
infrastructure to reduce the cost of connecting unserved and
underserved areas to the backbone of the internet (commonly
referred to as the ``last mile''); and
(B) to promote broadband connection resiliency through the
creation of alternative network connection paths that can be
designed to prevent single points of failure on a broadband
network.
(2) Sense of congress.--It is the sense of Congress that--
(A) in awarding middle mile grants, the Assistant Secretary
should give priority to--
(i) projects that leverage existing rights-of-way,
assets, and infrastructure to minimize financial,
regulatory, and permitting challenges;
(ii) projects in which the eligible entity designs the
route of the middle mile infrastructure to enable the
connection of unserved anchor institutions, including
Tribal anchor institutions; and
(iii) projects that facilitate the development of
carrier-neutral interconnection facilities; and
(iv) projects that--
(I) improve the redundancy and resiliency of
existing middle mile infrastructure; and
(II) reduce regulatory and permitting barriers to
promote the construction of new middle mile
infrastructure; and
(B) a regulated utility should use funds received from a
middle mile grant as a supplement to the core utility capital
investment plan of the regulated utility to--
(i) facilitate increased broadband resiliency or
redundancy of existing middle mile infrastructure; or
(ii) provide connectivity to unserved areas and
underserved areas within the service territory of the
utility and nearby communities.
(c) Middle Mile Grants.--The Assistant Secretary shall establish a
program under which the Assistant Secretary makes grants on a
technology-neutral, competitive basis to eligible entities for the
construction, improvement, or acquisition of middle mile
infrastructure.
(d) Applications for Grants.--
(1) In general.--The Assistant Secretary shall establish an
application process for middle mile grants in accordance with this
subsection.
(2) Evaluation of applications.--In establishing an application
process for middle mile grants under paragraph (1), the Assistant
Secretary shall give priority to an application from an eligible
entity that satisfies 2 or more of the following conditions:
(A) The eligible entity adopts fiscally sustainable middle
mile strategies.
(B) The eligible entity commits to offering non-
discriminatory interconnect to terrestrial and wireless last
mile broadband providers and any other party making a bona fide
request.
(C) The eligible entity identifies specific terrestrial and
wireless last mile broadband providers that have--
(i) expressed written interest in interconnecting with
middle mile infrastructure planned to be deployed by the
eligible entity; and
(ii) demonstrated sustainable business plans or
adequate funding sources with respect to the interconnect
described in clause (i).
(D) The eligible entity has identified supplemental
investments or in-kind support (such as waived franchise or
permitting fees) that will accelerate the completion of the
planned project.
(E) The eligible entity has demonstrated that the middle
mile infrastructure will benefit national security interests of
the United States and the Department of Defense.
(3) Grant application competence.--The Assistant Secretary
shall include in the application process established under
paragraph (1) a requirement that an eligible entity provide
evidence that the eligible entity is capable of carrying out a
proposed project in a competent manner, including by demonstrating
that the eligible entity has the financial, technical, and
operational capability to carry out the proposed project and
operate the resulting middle mile broadband network.
(e) Eligibility.--
(1) Prioritization.--To be eligible to obtain a middle mile
grant, an eligible entity shall agree, in the application submitted
through the process established under subsection (d), to
prioritize--
(A) connecting middle mile infrastructure to last mile
networks that provide or plan to provide broadband service to
households in unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband service at
reasonable rates on a carrier-neutral basis.
(2) Buildout timeline.--Subject to paragraph (5), to be
eligible to obtain a middle mile grant, an eligible entity shall
agree, in the application submitted through the process established
under subsection (d), to complete buildout of the middle mile
infrastructure described in the application by not later than 5
years after the date on which amounts from the grant are made
available to the eligible entity.
(3) Project eligibility requirements.--
(A) Capability to support retail broadband service.--A
project shall be eligible for a middle mile grant if, at the
time of the application, the Assistant Secretary determines
that the proposed middle mile broadband network will be capable
of supporting retail broadband service.
(B) Mapping data.--
(i) Use of most recent data.--In mapping out gaps in
broadband coverage, an eligible entity that uses a middle
mile grant to build out terrestrial or fixed wireless
middle mile infrastructure shall use the most recent
broadband mapping data available from one of the following
sources:
(I) The FCC fixed broadband map.
(II) The State in which the area that will be
served by the middle mile infrastructure is located, or
the Tribal government with jurisdiction over the area
that will be served by the middle mile infrastructure
(if applicable).
(III) Speed and usage surveys of existing broadband
service that--
(aa) demonstrate that more than 25 percent of
the respondents display a broadband service speed
that is slower than the speeds required for an area
to qualify as unserved; and
(bb) are conducted by--
(AA) the eligible entity;
(BB) the State in which the area that will
be served by the middle mile infrastructure is
located; or
(CC) the Tribal government with
jurisdiction over the area that will be served
by the middle mile infrastructure (if
applicable).
(ii) Sharing facility locations.--
(I) Definition.--In this clause, the term ``covered
recipient'', with respect to an eligible entity,
means--
(aa) the Assistant Secretary;
(bb) the Commission;
(cc) the Tribal government with jurisdiction
over the area that will be served by the middle
mile infrastructure (if applicable); and
(dd) the State broadband office for the State
in which the area that will be served by the middle
mile infrastructure is located.
(II) Provision of information.--Subject to
subclauses (III) and (IV), an eligible entity that
constructs, improves, or acquires middle mile
infrastructure using a middle mile grant shall share
with each covered recipient the location of all the
middle mile broadband infrastructure.
(III) Format.--An eligible entity shall provide the
information required under subclause (II) to each
covered recipient in a uniform format determined by the
Assistant Secretary.
(IV) Protection of information.--
(aa) In general.--The information provided by
an eligible entity under subclause (II) may only be
used for purposes of carrying out the grant program
under subsection (c) and any reporting related
thereto.
(bb) Legal defenses.--
(AA) In general.--A covered recipient may
not receive information under subclause (II)
unless the covered recipient agrees in writing
to assert all available legal defenses to the
disclosure of the information if a person or
entity seeks disclosure from the covered
recipient under any Federal, State, or local
public disclosure law.
(BB) Rule of construction.--Nothing in
subitem (AA) is intended to be or shall be
construed as a waiver of Tribal sovereign
immunity.
(C) Connection to anchor institutions.--To the extent
feasible, an eligible entity that receives a middle mile grant
to build middle mile infrastructure using fiber optic
technology shall--
(i) ensure that the proposed middle mile broadband
network will be capable of providing broadband to an anchor
institution at a speed of not less than--
(I) 1 gigabit per second for downloads; and
(II) 1 gigabit per second for uploads to an anchor
institution; and
(ii) include direct interconnect facilities that will
facilitate the provision of broadband service to anchor
institutions located within 1,000 feet of the middle mile
infrastructure.
(D) Interconnection and nondiscrimination.--
(i) In general.--An eligible entity that receives a
middle mile grant to build a middle mile project using
fiber optic technology shall offer interconnection in
perpetuity, where technically feasible without exceeding
current or reasonably anticipated capacity limitations, on
reasonable rates and terms to be negotiated with requesting
parties.
(ii) Nature of interconnection.--The interconnection
required to be offered under clause (i) includes both the
ability to connect to the public internet and physical
interconnection for the exchange of traffic.
(iii) Inclusion in application.--An applicant for a
middle mile grant shall disclose the applicant's proposed
interconnection, nondiscrimination, and network management
practices in the application submitted through the process
established under subsection (d).
(4) Accountability.--The Assistant Secretary shall--
(A) establish sufficient transparency, accountability,
reporting, and oversight measures for the grant program
established under subsection (c) to deter waste, fraud, and
abuse of program funds; and
(B) establish--
(i) buildout requirements for each eligible entity that
receives a middle mile grant, which shall require the
completion of a certain percentage of project miles by a
certain date; and
(ii) penalties, which may include rescission of funds,
for grantees that do not meet requirements described in
clause (i) or the deadline under paragraph (2).
(5) Extensions.--
(A) In general.--At the request of an eligible entity, the
Assistant Secretary may extend the buildout deadline under
paragraph (2) by not more than 1 year if the eligible entity
certifies that--
(i) the eligible entity has a plan for use of the
middle mile grant;
(ii) the project to build out middle mile
infrastructure is underway; or
(iii) extenuating circumstances require an extension of
time to allow completion of the project to build out middle
mile infrastructure.
(B) Effect on interim buildout requirements.--If the
Assistant Secretary grants an extension under subparagraph (A),
the Assistant Secretary shall modify any buildout requirements
established under paragraph (4)(B)(i) as necessary.
(f) Federal Share.--The amount of a middle mile grant awarded to an
eligible entity may not exceed 70 percent of the total project cost.
(g) Special Rules for Tribal Governments.--
(1) Waivers; alternative requirements.--The Assistant
Secretary, in consultation with Tribal governments and Native
entities, may waive, or specify alternative requirements for, any
provision of subsections (c) through (f) if the Assistant Secretary
finds that the waiver or alternative requirement is necessary--
(A) for the effective delivery and administration of middle
mile grants to Tribal governments; or
(B) the construction, improvement, or acquisition of middle
mile infrastructure on trust land.
(2) Tribally unserved areas; tribally underserved areas.--The
Assistant Secretary, in consultation with Tribal governments and
Native entities, shall develop a process for designating Tribally
unserved areas and Tribally underserved areas for purposes of this
section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000,000 for fiscal years
2022 through 2026.
TITLE V--BROADBAND AFFORDABILITY
SEC. 60501. DEFINITIONS.
In this title--
(1) the term ``broadband internet access service'' has the
meaning given the term in section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation; and
(2) the term ``Commission'' means the Federal Communications
Commission.
SEC. 60502. BROADBAND AFFORDABILITY.
(a) Extension and Modification of Emergency Broadband Benefit.--
(1) Extension.--Section 904 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended--
(A) in the heading, by striking ``during emergency period
relating to covid-19'';
(B) in subsection (a)--
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs (9) through (13) as
paragraphs (8) through (12), respectively; and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``during the
emergency period'';
(ii) in paragraph (4), by striking ``during the
emergency period''; and
(iii) in paragraph (5), by striking ``during the
emergency period,''.
(2) Change to program name.--Section 904 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), as
amended by paragraph (1) of this subsection, is amended--
(A) in subsection (a)(7), in the heading, by striking
``Emergency broadband'' and inserting ``Affordable
connectivity'';
(B) in subsection (b), in the heading, by striking
``Emergency Broadband Benefit'' and inserting ``Affordable
Connectivity'';
(C) in subsection (i), in the heading, by striking
``Emergency Broadband'' and inserting ``Affordable'';
(D) by striking ``Emergency Broadband Benefit'' each place
the term appears and inserting ``Affordable Connectivity'';
(E) by striking ``Emergency Broadband'' each place the term
appears and inserting ``Affordable''; and
(F) by striking ``emergency broadband'' each place the term
appears and inserting ``affordable connectivity''.
(3) Other initial modifications.--Section 904 of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), as
amended by paragraph (2) of this subsection, is amended--
(A) in subsection (a)(7)--
(i) by striking ``The term'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the term'';
and
(ii) by adding at the end the following:
``(B) High-cost areas.--The Commission shall, by
regulation, establish a mechanism by which a participating
provider in a high-cost area (as defined in section 60102(a)(2)
of the Infrastructure Investment and Jobs Act) may provide an
affordable connectivity benefit in an amount up to the amount
specified in subparagraph (A) for an internet service offering
provided on Tribal land upon a showing that the applicability
of the lower limit under subparagraph (A) to the provision of
the affordable connectivity benefit by the provider would cause
particularized economic hardship to the provider such that the
provider may not be able to maintain the operation of part or
all of its broadband network.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (7) through (10) as
paragraphs (12) through (15), respectively;
(ii) by inserting after paragraph (6) the following:
``(7) Requirement to allow customers to apply affordable
connectivity benefit to any internet service offering.--
``(A) In general.--A participating provider--
``(i) shall allow an eligible household to apply the
affordable connectivity benefit to any internet service
offering of the participating provider at the same terms
available to households that are not eligible households;
and
``(ii) may not require the eligible household to submit
to a credit check in order to apply the affordable
connectivity benefit to an internet service offering of the
participating provider.
``(B) Nonpayment.--Nothing in subparagraph (A) shall
prevent a participating provider from terminating the provision
of broadband internet access service to a subscriber after 90
days of nonpayment.
``(8) Public awareness.--A participating provider, in
collaboration with the applicable State agencies, public interest
groups, and non-profit organizations, in order to increase the
adoption of broadband internet access service by consumers, shall
carry out public awareness campaigns in service areas that are
designed to highlight--
``(A) the value and benefits of broadband internet access
service; and
``(B) the existence of the Affordable Connectivity Program.
``(9) Oversight.--The Commission--
``(A) shall establish a dedicated complaint process for
consumers who participate in the Affordable Connectivity
Program to file complaints about the compliance of
participating providers with, including with respect to the
quality of service received under, the Program;
``(B) shall require a participating provider to supply
information about the existence of the complaint process
described in subparagraph (A) to subscribers who participate in
the Affordable Connectivity Program;
``(C)(i) shall act expeditiously to investigate potential
violations of and enforce compliance with this section,
including under clause (ii) of this subparagraph; and
``(ii) in enforcing compliance with this section, may
impose forfeiture penalties under section 503 of the
Communications Act of 1934 (47 U.S.C. 503); and
``(D) shall regularly issue public reports about complaints
regarding the compliance of participating providers with the
Affordable Connectivity Program.
``(10) Information on affordable connectivity program.--
``(A) Participating providers.--When a customer subscribes
to, or renews a subscription to, an internet service offering
of a participating provider, the participating provider shall
notify the customer about the existence of the Affordable
Connectivity Program and how to enroll in the Program.
``(B) Federal agencies.--The Commission shall collaborate
with relevant Federal agencies, including to ensure relevant
Federal agencies update their System of Records Notices, to
ensure that a household that participates in any program that
qualifies the household for the Affordable Connectivity Program
is provided information about the Program, including how to
enroll in the Program.
``(C) Commission outreach.--
``(i) In general.--The Commission may conduct outreach
efforts to encourage eligible households to enroll in the
Affordable Connectivity Program.
``(ii) Activities.--In carrying out clause (i), the
Commission may--
``(I) facilitate consumer research;
``(II) conduct focus groups;
``(III) engage in paid media campaigns;
``(IV) provide grants to outreach partners; and
``(V) provide an orderly transition for
participating providers and consumers from the
Emergency Broadband Benefit Program established under
paragraph (1) (as that paragraph was in effect on the
day before the date of enactment of the Infrastructure
Investment and Jobs Act) to the Affordable Connectivity
Program.
``(11) Consumer protection issues.--
``(A) In general.--The Commission shall, after providing
notice and opportunity for comment in accordance with section
553 of title 5, United States Code, promulgate rules to protect
consumers who participate in, or seek to participate in, the
Affordable Connectivity Program from--
``(i) inappropriate upselling or downselling by a
participating provider;
``(ii) inappropriate requirements that a consumer opt
in to an extended service contract as a condition of
participating in the Affordable Connectivity Program;
``(iii) inappropriate restrictions on the ability of a
consumer to switch internet service offerings or otherwise
apply support from the Affordable Connectivity Program to a
different internet service offering with a participating
provider;
``(iv) inappropriate restrictions on the ability of a
consumer to switch participating providers, other than a
requirement that the customer return any customer premises
equipment provided by a participating provider; and
``(v) similar restrictions that amount to unjust and
unreasonable acts or practices that undermine the purpose,
intent, or integrity of the Affordable Connectivity
Program.
``(B) Exceptions.--In complying with this paragraph, the
Commission may take advantage of the exceptions set forth in
subsections (e) and (f).''; and
(iii) in paragraph (14), as so redesignated, by
striking ``paragraph (7)'' and inserting ``paragraph
(12)''.
(b) Delayed Amendments to Affordable Connectivity Program.--
(1) In general.--Effective on the date on which the Commission
submits the certification required under paragraph (4), or December
31, 2021, whichever is earlier, section 904 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260), as
amended by subsection (a) of this section, is amended--
(A) in subsection (a)--
(i) in paragraph (6)--
(I) in subparagraph (A), by inserting before the
semicolon at the end the following: ``except that such
subsection (a), including for purposes of such
subsection (b), shall be applied by substituting `200
percent' for `135 percent''';
(II) by striking subparagraph (C);
(III) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(IV) in subparagraph (C), as so redesignated, by
striking ``or'' at the end;
(V) in subparagraph (D), as so redesignated--
(aa) by striking ``or COVID-19''; and
(bb) by striking the period at the end and
inserting ``; or''; and
(VI) by adding at the end the following:
``(E) at least one member of the household receives
assistance through the special supplemental nutritional program
for women, infants, and children established by section 17 of
the Child Nutrition Act of 1996 (42 U.S.C. 1786).'';
(ii) in paragraph (7)--
(I) by striking ``which shall be no more than the
standard rate for an internet service offering and
associated equipment,''; and
(II) by striking ``$50'' and inserting ``$30'';
(iii) in paragraph (8), as so redesignated by
subsection (a) of this section, by striking ``, offered in
the same manner, and on the same terms, as described in any
of such provider's offerings for broadband internet access
service to such household, as on December 1, 2020''; and
(iv) by striking paragraph (12), as so redesignated by
subsection (a) of this section; and
(B) in subsection (b)(6)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively; and
(iii) in subparagraph (A), as so redesignated--
(I) by striking clause (i); and
(II) by redesignating clauses (ii), (iii), and (iv)
as clauses (i), (ii), and (iii), respectively.
(2) Applicability of amendment to eligibility.-- A household
that qualified for the Affordable Connectivity Program under
section 904 of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260) before the effective date in paragraph
(1) and, as of that effective date, would, but for this
subparagraph, see a reduction in the amount of the affordable
connectivity benefit under the Program, shall, during the 60-day
period beginning on that effective date, be eligible for the
affordable connectivity benefit in the amount in effect with
respect to that household, as of the day before that effective
date.
(3) Transition.--After the effective date under paragraph (1),
an eligible household that was participating in the Emergency
Broadband Benefit Program under section 904 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) on the
day before the date of enactment of this Act and qualifies for the
Affordable Connectivity Program established under that section (as
amended by this section) shall continue to have access to an
affordable service offering.
(4) Certification required.--On the date on which the amounts
appropriated under section 904(i)(2) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) have
been fully expended, the Commission shall submit to Congress a
certification regarding that fact.
(c) Broadband Transparency Rules.--
(1) Rules.--Not later than 1 year after the date of enactment
of this Act, the Commission shall issue final rules regarding the
annual collection by the Commission of data relating to the price
and subscription rates of each internet service offering of a
participating provider under the Affordable Connectivity Program
established under section 904 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) (as amended by this
section) to which an eligible household subscribes.
(2) Updates.--Not later than 180 days after the date on which
rules are issued under paragraph (1), and when determined to be
necessary by the Commission thereafter, the Commission shall revise
the rules to verify the accuracy of data submitted pursuant to the
rules.
(3) Redundancy avoidance.--Nothing in this subsection shall be
construed to require the Commission, in order to meet a requirement
of this subsection, to duplicate an activity that the Commission is
undertaking as of the date of enactment of this Act, if--
(A) the Commission refers to the activity in the rules
issued under paragraph (1);
(B) the activity meets the requirements of this subsection;
and
(C) the Commission discloses the activity to the public.
(4) Availability of data.--
(A) Public availability.--The Commission shall make data
relating to broadband internet access service collected under
the rules issued under paragraph (1) available to the public in
a commonly used electronic format without risking the
disclosure of personally identifiable information or
proprietary information, consistent with section 0.459 of title
47, Code of Federal Regulations (or any successor regulation).
(B) Determination of personally identifiable information.--
The Commission--
(i) shall define the term ``personally identifiable
information'', for purposes of subparagraph (A) through
notice and comment rulemaking; and
(ii) may not make any data available to the public
under subparagraph (A) before completing the rulemaking
under clause (i) of this subparagraph.
(d) Guidance.--The Commission may issue such guidance, forms,
instructions, or publications, or provide such technical assistance, as
may be necessary or appropriate to carry out the programs, projects, or
activities authorized under this section and the amendments made by
this section, including to ensure that such programs, projects, or
activities are completed in a timely and effective manner.
(e) Coordination.--The Secretary of Agriculture, the Secretary of
Education, and the Secretary of Health and Human Services shall--
(1) not later than 60 days after the date of enactment of this
Act, enter into a memorandum of understanding with the Universal
Service Administrative Company to provide for the expeditious
sharing of data through the National Verifier (as that term is
defined in section 54.400 of title 47, Code of Federal Regulations,
or any successor regulation), or any successor system, for the
purposes of verifying consumer eligibility for the program
established under section 904 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), as amended by this
section; and
(2) not later than 90 days after the date of enactment of this
Act, begin to share data under the memorandum of understanding
described in paragraph (1) for the purposes described in that
paragraph.
SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C.
644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law
116-130), is amended--
(1) in subparagraph (A), by adding ``and'' at the end; and
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) coordinate with the Postmaster General, the heads of
other Federal agencies that operate delivery fleet vehicles,
and the Director of the Bureau of the Census for assistance
with data collection whenever coordination could feasibly yield
more specific geographic data.''.
SEC. 60504. ADOPTION OF CONSUMER BROADBAND LABELS.
(a) Final Rule.--Not later than 1 year after the date of enactment
of this Act, the Commission shall promulgate regulations to require the
display of broadband consumer labels, as described in the Public Notice
of the Commission issued on April 4, 2016 (DA 16-357), to disclose to
consumers information regarding broadband internet access service
plans.
(b) Introductory Rate Information.--
(1) In general.--The broadband consumer label required under
subsection (a) shall also include information regarding whether the
offered price is an introductory rate and, if so, the price the
consumer will be required to pay following the introductory period.
(2) Use in broadband data collection.--The Commission shall
rely on the price information displayed on the broadband consumer
label required under subsection (a) for any collection of data
relating to the price and subscription rates of each covered
broadband internet access service under section 60502(c).
(c) Hearings.--In issuing the final rule under subsection (a), the
Commission shall conduct a series of public hearings to assess, at the
time of the proceeding--
(1) how consumers evaluate broadband internet access service
plans; and
(2) whether disclosures to consumers of information regarding
broadband internet access service plans, including the disclosures
required under section 8.1 of title 47, Code of Federal
Regulations, are available, effective, and sufficient.
SEC. 60505. GAO REPORT.
(a) Definitions.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on Commerce, Science, and Transportation of
the Senate;
(4) the Committee on Environment and Public Works of the
Senate;
(5) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
(6) the Committee on Energy and Commerce of the House of
Representatives;
(7) the Committee on Agriculture of the House of
Representatives; and
(8) the Committee on Transportation and Infrastructure of the
House of the Representatives.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate committees of Congress a report that evaluates the
process used by the Commission for establishing, reviewing, and
updating the upload and download speed thresholds for broadband
internet access service, including--
(1) how the Commission reviews and updates broadband internet
access speed thresholds;
(2) whether the Commission should consider future broadband
internet access service speed needs when establishing broadband
internet access service speed thresholds, including whether the
Commission considers the need, or the anticipated need, for higher
upload or download broadband internet access service speeds in the
5-year period and the 10-year period after the date on which a
broadband internet access service speed threshold is to be
established; and
(3) whether the Commission should consider the impacts of
changing uses of the internet in establishing, reviewing, or
updating broadband internet access service speed thresholds,
including--
(A) the proliferation of internet-based business;
(B) working remotely and running a business from home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
SEC. 60506. DIGITAL DISCRIMINATION.
(a) Statement of Policy.--It is the policy of the United States
that, insofar as technically and economically feasible--
(1) subscribers should benefit from equal access to broadband
internet access service within the service area of a provider of
such service;
(2) the term ``equal access'', for purposes of this section,
means the equal opportunity to subscribe to an offered service that
provides comparable speeds, capacities, latency, and other quality
of service metrics in a given area, for comparable terms and
conditions; and
(3) the Commission should take steps to ensure that all people
of the United States benefit from equal access to broadband
internet access service.
(b) Adoption of Rules.--Not later than 2 years after the date of
enactment of this Act, the Commission shall adopt final rules to
facilitate equal access to broadband internet access service, taking
into account the issues of technical and economic feasibility presented
by that objective, including--
(1) preventing digital discrimination of access based on income
level, race, ethnicity, color, religion, or national origin; and
(2) identifying necessary steps for the Commissions to take to
eliminate discrimination described in paragraph (1).
(c) Federal Policies.--The Commission and the Attorney General
shall ensure that Federal policies promote equal access to robust
broadband internet access service by prohibiting deployment
discrimination based on--
(1) the income level of an area;
(2) the predominant race or ethnicity composition of an area;
or
(3) other factors the Commission determines to be relevant
based on the findings in the record developed from the rulemaking
under subsection (b).
(d) Model State and Local Policies.--The Commission shall develop
model policies and best practices that can be adopted by States and
localities to ensure that broadband internet access service providers
do not engage in digital discrimination.
(e) Complaints.--The Commission shall revise its public complaint
process to accept complaints from consumers or other members of the
public that relate to digital discrimination.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
SEC. 60601. SHORT TITLE.
This title may be cited as the ``Telecommunications Skilled
Workforce Act''.
SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
``(a) Definition.--In this section, the term `telecommunications
interagency working group' means the interagency working group
established under subsection (b)(1).
``(b) Establishment.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Chairman of the Commission, in
partnership with the Secretary of Labor, shall establish within the
Commission an interagency working group to develop recommendations
to address the workforce needs of the telecommunications industry,
including the safety of that workforce.
``(2) Date of establishment.--The telecommunications
interagency working group shall be considered established on the
date on which a majority of the members of the working group have
been appointed, consistent with subsection (d).
``(c) Duties.--In developing recommendations under subsection (b),
the telecommunications interagency working group shall--
``(1) determine whether, and if so how, any Federal laws,
regulations, guidance, policies, or practices, or any budgetary
constraints, may be amended to strengthen the ability of
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit
businesses to establish, adopt, or expand programs intended to
address the workforce needs of the telecommunications industry,
including the workforce needed to build and maintain the 5G
wireless infrastructure necessary to support 5G wireless
technology;
``(2) identify potential policies and programs that could
encourage and improve coordination among Federal agencies, between
Federal agencies and States, and among States, on
telecommunications workforce needs;
``(3) identify ways in which existing Federal programs,
including programs that help facilitate the employment of veterans
and military personnel transitioning into civilian life, could be
leveraged to help address the workforce needs of the
telecommunications industry;
``(4) identify ways to improve recruitment in workforce
development programs in the telecommunications industry;
``(5) identify Federal incentives that could be provided to
institutions of higher education, for-profit businesses, State
workforce development boards established under section 101 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other
relevant stakeholders to establish or adopt new programs, expand
current programs, or partner with registered apprenticeship
programs, to address the workforce needs of the telecommunications
industry, including such needs in rural areas;
``(6) identify ways to improve the safety of telecommunications
workers, including tower climbers; and
``(7) identify ways that trends in wages, benefits, and working
conditions in the telecommunications industry impact recruitment of
employees in the sector.
``(d) Members.--The telecommunications interagency working group
shall be composed of the following representatives of Federal agencies
and relevant non-Federal industry and labor stakeholder organizations:
``(1) A representative of the Department of Education,
appointed by the Secretary of Education.
``(2) A representative of the National Telecommunications and
Information Administration, appointed by the Assistant Secretary of
Commerce for Communications and Information.
``(3) A representative of the Commission, appointed by the
Chairman of the Commission.
``(4) A representative of a registered apprenticeship program
in construction or maintenance, appointed by the Secretary of
Labor.
``(5) A representative of a telecommunications industry
association, appointed by the Chairman of the Commission.
``(6) A representative of an Indian Tribe or Tribal
organization, appointed by the Chairman of the Commission.
``(7) A representative of a rural telecommunications carrier,
appointed by the Chairman of the Commission.
``(8) A representative of a telecommunications contractor firm,
appointed by the Chairman of the Commission.
``(9) A representative of an institution of higher education
described in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)), appointed by the Secretary of Education.
``(10) A public interest advocate for tower climber safety,
appointed by the Secretary of Labor.
``(11) A representative of the Directorate of Construction of
the Occupational Safety and Health Administration, appointed by the
Secretary of Labor.
``(12) A representative of a labor organization representing
the telecommunications workforce, appointed by the Secretary of
Labor.
``(e) No Compensation.--A member of the telecommunications
interagency working group shall serve without compensation.
``(f) Other Matters.--
``(1) Chair and vice chair.--The telecommunications interagency
working group shall name a chair and a vice chair, who shall be
responsible for organizing the business of the working group.
``(2) Subgroups.--The chair and vice chair of the
telecommunications interagency working group, in consultation with
the other members of the telecommunications interagency working
group, may establish such subgroups as necessary to help conduct
the work of the telecommunications interagency working group.
``(3) Support.--The Commission and the Secretary of Labor may
detail employees of the Commission and the Department of Labor,
respectively, to assist and support the work of the
telecommunications interagency working group, though such a
detailee shall not be considered to be a member of the working
group.
``(g) Report to Congress.--
``(1) Report to congress.--Not later than 1 year after the date
on which the telecommunications interagency working group is
established, the working group shall submit a report containing its
recommendations to address the workforce needs of the
telecommunications industry to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) the Committee on Energy and Commerce of the House of
Representatives;
``(D) the Committee on Education and Labor of the House of
Representatives;
``(E) the Department of Labor; and
``(F) the Commission.
``(2) Majority support.--The telecommunications interagency
working group may not submit the report under paragraph (1) unless
the report has the support of not less than the majority of the
members of the working group.
``(3) Views.--The telecommunications interagency working group
shall--
``(A) include with the report submitted under paragraph (1)
any concurring or dissenting view offered by a member of the
working group; and
``(B) identify each member to whom each concurring or
dissenting view described in subparagraph (A) should be
attributed.
``(4) Public posting.--The Commission and the Secretary of
Labor shall make a copy of the report submitted under paragraph (1)
available to the public on the websites of the Commission and the
Department of Labor, respectively.
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the telecommunications interagency
working group.''.
(b) Sunset.--Section 344 of the Communications Act of 1934, as
added by subsection (a), shall be repealed on the day after the date on
which the interagency working group established under subsection (b)(1)
of that section submits the report to Congress under subsection (g) of
that section.
SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUIDANCE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Labor, in partnership with the Chairman of the Federal
Communications Commission, shall establish and issue guidance on how
States can address the workforce needs and safety of the
telecommunications industry, including guidance on how a State
workforce development board established under section 101 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can--
(1) utilize Federal resources available to States to meet the
workforce needs of the telecommunications industry;
(2) promote and improve recruitment in workforce development
programs in the telecommunications industry; and
(3) ensure the safety of the telecommunications workforce,
including tower climbers.
SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS
INDUSTRY.
(a) Definitions.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation of
the Senate;
(2) the Committee on Health, Education, Labor, and Pensions of
the Senate;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Education and Labor of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that estimates the
number of skilled telecommunications workers that will be required to
build and maintain--
(1) broadband infrastructure in rural areas, including
estimates based on--
(A) current need; and
(B) projected need, if Congress enacts legislation that
accelerates broadband infrastructure construction in the United
States; and
(2) the wireless infrastructure needed to support 5G wireless
technology.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
SEC. 70101. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Indian Water Rights
Settlement Completion Fund'' (referred to in this section as the
``Fund'').
(b) Deposits.--
(1) In general.--On the later of October 1, 2021, and the date
of enactment of this Act, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall deposit
in the Fund $2,500,000,000, to remain available until expended.
(2) Availability.--Amounts deposited in the Fund under
paragraph (1) shall be available to the Secretary of the Interior,
without further appropriation or fiscal year limitation, for the
uses described in subsection (c).
(c) Uses.--Subject to subsection (d), amounts deposited in the Fund
under subsection (b) shall be used by the Secretary of the Interior for
transfers to funds or accounts authorized to receive discretionary
appropriations, or to satisfy other obligations identified by the
Secretary of the Interior, under an Indian water settlement approved
and authorized by an Act of Congress before the date of enactment of
this Act.
(d) Scope of Transfers.--
(1) In general.--Transfers authorized under subsection (c)
shall be made in such amounts as are determined by the Secretary of
the Interior to be appropriate to satisfy the obligations of the
United States, including appropriate indexing, pursuant to the
applicable Indian water settlement.
(2) Sequence and timing.--The Secretary of the Interior shall
have the discretion to determine the sequence and timing of
transfers from the Fund under subsection (c) in order to
substantially complete the eligible Indian water settlements as
expeditiously as practicable.
TITLE II--WILDFIRE MITIGATION
SEC. 70201. SHORT TITLE.
This title may be cited as the ``Wildland Fire Mitigation and
Management Commission Act of 2021''.
SEC. 70202. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Environment and Public Works of the
Senate;
(F) the Committee on Natural Resources of the House of
Representatives;
(G) the Committee on Agriculture of the House of
Representatives;
(H) the Committee on Homeland Security of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House of
Representatives; and
(K) the Committee on Natural Resources of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the commission
established under section 70203(a).
(3) High-risk indian tribal government.--The term ``high-risk
Indian tribal government'' means an Indian tribal government,
during not fewer than 4 of the 5 years preceding the date of
enactment of this Act--
(A) that received fire management assistance under section
420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187); or
(B) land of which included an area for which the President
declared a major disaster for fire in accordance with section
401 of that Act (42 U.S.C. 5170).
(4) High-risk state.--The term ``high-risk State'' means a
State that, during not fewer than 4 of the 5 years preceding the
date of enactment of this Act--
(A) received fire management assistance under section 420
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187); or
(B) included an area for which the President declared a
major disaster for fire in accordance with section 401 of that
Act (42 U.S.C. 5170).
(5) Indian tribal government.--The term ``Indian tribal
government'' has the meaning given the term in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Homeland Security, acting through the
Administrator of the Federal Emergency Management Agency.
(7) State.--The term ``State'' has the meaning given the term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(8) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 70203. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretaries shall jointly establish a
commission to study and make recommendations to improve Federal
policies relating to--
(1) the prevention, mitigation, suppression, and management of
wildland fires in the United States; and
(2) the rehabilitation of land in the United States devastated
by wildland fires.
(b) Membership.--
(1) Composition.--The Commission shall be composed of--
(A) each of the Secretaries (or designees), who shall
jointly serve as the co-chairpersons of the Commission;
(B) 9 representatives of Federal departments or agencies,
to be appointed by the Secretaries, including--
(i) not fewer than 1 representative from each of--
(I) the Bureau of Land Management;
(II) the National Park Service;
(III) the Bureau of Indian Affairs;
(IV) the United States Fish and Wildlife Service;
and
(V) the Forest Service;
(ii) a representative of or liaison to the Mitigation
Framework Leadership Group of the Federal Emergency
Management Agency;
(iii) a representative to the National Interagency
Coordination Center, which is part of the National Wildfire
Coordination Group;
(iv) a representative from 1 of the coordinating
agencies of the Recovery Support Function Leadership Group;
and
(v) if the Secretaries determine it to be appropriate,
a representative of any other Federal department or agency,
such as the Department of Energy, the Environmental
Protection Agency, or the Department of Defense; and
(C) 18 non-Federal stakeholders with expertise in wildland
fire preparedness, mitigation, suppression, or management, who
collectively have a combination of backgrounds, experiences,
and viewpoints and are representative of rural, urban, and
suburban areas, to be appointed by the Secretaries, including--
(i) not fewer than 1 State hazard mitigation officer of
a high-risk State (or a designee);
(ii) with preference given to representatives from
high-risk States and high-risk Indian tribal governments,
not fewer than 1 representative from each of--
(I) a State department of natural resources,
forestry, or agriculture or a similar State agency;
(II) a State department of energy or a similar
State agency;
(III) a county government, with preference given to
counties at least a portion of which is in the
wildland-urban interface; and
(IV) a municipal government, with preference given
to municipalities at least a portion of which is in the
wildland-urban interface;
(iii) with preference given to representatives from
high-risk States and high-risk Indian tribal governments,
not fewer than 1 representative from each of--
(I) the public utility industry;
(II) the property development industry;
(III) Indian tribal governments;
(IV) wildland firefighters; and
(V) an organization--
(aa) described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code; and
(bb) with expertise in forest management and
environmental conservation;
(iv) not greater than 2 other appropriate non-Federal
stakeholders, which may include the private sector; and
(v) any other appropriate non-Federal stakeholders,
which may include the private sector, with preference given
to non-Federal stakeholders from high-risk States and high-
risk Indian tribal governments.
(2) State limitation.--Each member of the Commission appointed
under clauses (i) and (ii) of paragraph (1)(C) shall represent a
different State.
(3) Date.--The appointments of the members of the Commission
shall be made not later than 60 days after the date of enactment of
this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--A member of the Commission shall be appointed
for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission; and
(B) shall be filled in the same manner as the original
appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the
Commission shall hold the first meeting of the Commission.
(2) Frequency.--The Commission shall meet not less frequently
than once every 30 days.
(3) Type.--The Commission may hold meetings, and a member of
the Commission may participate in a meeting, remotely through
teleconference, video conference, or similar means.
(4) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.
SEC. 70204. DUTIES OF COMMISSION.
(a) Report on Recommendations to Mitigate and Manage Wildland
Fires.--
(1) In general.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
appropriate committees of Congress a report describing
recommendations to prevent, mitigate, suppress, and manage wildland
fires, including--
(A) policy recommendations, including recommendations--
(i) to maximize the protection of human life, community
water supplies, homes, and other essential structures,
which may include recommendations to expand the use of
initial attack strategies;
(ii) to facilitate efficient short- and long-term
forest management in residential and nonresidential at-risk
areas, which may include a review of community wildfire
protection plans;
(iii) to manage the wildland-urban interface;
(iv) to manage utility corridors;
(v) to rehabilitate land devastated by wildland fire;
and
(vi) to improve the capacity of the Secretary of
Agriculture and the Secretary of the Interior to conduct
hazardous fuels reduction projects;
(B) policy recommendations described in subparagraph (A)
with respect to any recommendations for--
(i) categorical exclusions from the requirement to
prepare an environmental impact statement or analysis under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
(ii) additional staffing or resources that may be
necessary to more expeditiously prepare an environmental
impact statement or analysis under that Act;
(C) policy recommendations for modernizing and expanding
the use of technology, including satellite technology, remote
sensing, unmanned aircraft systems, and any other type of
emerging technology, to prevent, mitigate, suppress, and manage
wildland fires, including any recommendations with respect to--
(i) the implementation of section 1114 of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act
(43 U.S.C. 1748b-1); or
(ii) improving early wildland fire detection;
(D) an assessment of Federal spending on wildland fire-
related disaster management, including--
(i) a description and assessment of Federal grant
programs for States and units of local government for pre-
and post-wildland fire disaster mitigation and recovery,
including--
(I) the amount of funding provided under each
program;
(II) the effectiveness of each program with respect
to long-term forest management and maintenance; and
(III) recommendations to improve the effectiveness
of each program, including with respect to--
(aa) the conditions on the use of funds
received under the program; and
(bb) the extent to which additional funds are
necessary for the program;
(ii) an evaluation, including recommendations to
improve the effectiveness in mitigating wildland fires,
which may include authorizing prescribed fires, of--
(I) the Building Resilient Infrastructure and
Communities program under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133);
(II) the Pre-Disaster Mitigation program under that
section (42 U.S.C. 5133);
(III) the Hazard Mitigation Grant Program under
section 404 of that Act (42 U.S.C. 5170c);
(IV) Hazard Mitigation Grant Program post-fire
assistance under sections 404 and 420 of that Act (42
U.S.C. 5170c, 5187); and
(V) such other programs as the Commission
determines to be appropriate;
(iii) an assessment of the definition of ``small
impoverished community'' under section 203(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(a)), specifically--
(I) the exclusion of the percentage of land owned
by an entity other than a State or unit of local
government; and
(II) any related economic impact of that exclusion;
and
(iv) recommendations for Federal budgeting for wildland
fires and post-wildfire recovery;
(E) any recommendations for matters under subparagraph (A),
(B), (C), or (D) specific to--
(i) forest type, vegetation type, or forest and
vegetation type; or
(ii) State land, Tribal land, or private land;
(F)(i) a review of the national strategy described in the
report entitled ``The National Strategy: The Final Phase in the
Development of the National Cohesive Wildland Fire Management
Strategy'' and dated April 2014; and
(ii) any recommendations for changes to that national
strategy to improve its effectiveness; and
(G)(i) an evaluation of coordination of response to, and
suppression of, wildfires occurring on Federal, Tribal, State,
and local land among Federal, Tribal, State, and local agencies
with jurisdiction over that land; and
(ii) any recommendations to improve the coordination
described in clause (i).
(2) Specific policy recommendations.--To the maximum extent
practicable, the report described in paragraph (1) shall include
detailed short- and long-term policy recommendations, including any
recommendations for Federal legislation.
(3) Interim reports.--Before the submission of the report under
paragraph (1), on approval of all members of the Commission, the
Commission may submit to the appropriate committees of Congress 1
or more interim reports, as the Commission determines to be
appropriate, relating to any matters described in paragraph (1).
(b) Report on Aerial Wildland Firefighting Equipment Strategy and
Inventory Assessment.--
(1) Submission of inventory to the commission.--Not later than
45 days after the date on which the Commission holds the first
meeting of the Commission, the Secretary of Defense and the heads
of other relevant Federal departments and agencies shall submit to
the Commission an inventory of surplus cargo and passenger aircraft
and excess common-use aircraft parts that may be used for wildland
firefighting purposes, excluding any aircraft or aircraft parts
that are--
(A) reasonably anticipated to be necessary for military
operations, readiness, or fleet management in the future; or
(B) already obligated for purposes other than fighting
wildland fires.
(2) Submission of report to congress.--Not later than 90 days
after the date on which the Commission receives the inventory
described in paragraph (1), the Commission shall submit to the
appropriate committees of Congress a report outlining a strategy to
meet aerial firefighting equipment needs through 2030 in the most
cost-effective manner, including--
(A) an assessment of the expected number of aircraft and
aircraft parts needed to fight wildland fires through 2030;
(B) an assessment of existing authorities of the Secretary
of Defense and the heads of other relevant Federal departments
and agencies to provide or sell surplus aircraft or aircraft
parts to Federal, State, or local authorities for wildland
firefighting use, including--
(i) a description of the current use of each existing
authority; and
(ii) a description of any additional authorities that
are needed for the Secretary of Defense and the heads of
other relevant Federal departments and agencies to provide
or sell surplus aircraft or aircraft parts to Federal,
State, or local authorities for wildland firefighting use;
and
(C) recommendations to ensure the availability of aircraft
and aircraft parts that the Commission expects will be
necessary to fight wildland fires through 2030 in the most
cost-effective manner.
(3) Considerations for accessing aircraft and aircraft parts.--
In developing the strategy in the report required under paragraph
(2) and the recommendations under paragraph (2)(C), the Commission
shall consider all private and public sector options for accessing
necessary aircraft and aircraft parts, including procurement,
contracting, retrofitting, and public-private partnerships.
(4) Unclassified report.--The inventory and report submitted
under paragraphs (1) and (2), respectively--
(A) shall be unclassified; but
(B) may include a classified annex.
(c) Majority Requirement.--Not less than \2/3\ of the members of
the Commission shall approve the recommendations contained in each
report submitted under subsection (a) or (b)(2).
SEC. 70205. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this title.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal department or agency such information as the Commission
considers necessary to carry out this title.
(2) Furnishing information.--On request of the Chairpersons of
the Commission, the head of the department or agency shall furnish
the information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of such
gifts or donations of services or property as the Commission considers
necessary to carry out this title.
SEC. 70206. COMMISSION PERSONNEL MATTERS.
(a) No Compensation.--A member of the Commission shall serve
without compensation.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairpersons of the Commission may,
without regard to the civil service laws (including regulations),
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the Commission
to perform its duties, except that the employment of an executive
director shall be subject to confirmation by the Commission.
(2) Compensation.--The Chairpersons of the Commission may fix
the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of that title.
(d) Detail of Government Employees.--A Federal Government employee
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairpersons of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of that title.
SEC. 70207. TERMINATION OF COMMISSION.
The Commission shall terminate on the date that is 180 days after
the date on which the Commission has submitted the reports under
subsections (a) and (b) of section 70204.
TITLE III--REFORESTATION
SEC. 70301. SHORT TITLE.
This title may be cited as the ``Repairing Existing Public Land by
Adding Necessary Trees Act'' or the ``REPLANT Act''.
SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED
EVENTS.
(a) Forest and Rangeland Renewable Resources Planning Act of
1974.--
(1) National forest cover policy.--
(A) In general.--Section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is
amended--
(i) by redesignating subsection (e) as subsection (f);
(ii) by redesignating the second subsection (d)
(relating to the policy of Congress regarding forested land
in the National Forest System) as subsection (e); and
(iii) in subsection (e) (as so redesignated)--
(I) in paragraph (2)--
(aa) in the first sentence--
(AA) by striking ``9 of this Act, the
Secretary shall annually for eight years
following the enactment of this subsection''
and inserting ``9, the Secretary shall,
annually during each of the 10 years beginning
after the date of enactment of the REPLANT
Act''; and
(BB) by striking ``eight-year'' and
inserting ``10-year'';
(bb) in the second sentence, by striking ``such
eight-year period'' and inserting ``the 10-year
period''; and
(cc) in the third sentence, by striking
``1978'' and inserting ``2021'';
(II) in paragraph (3), in the first sentence, by
striking ``subsection (d)'' and inserting
``subsection''; and
(III) by adding at the end the following:
``(4) Reforestation requirements.--
``(A) Definitions.--In this paragraph:
``(i) Natural regeneration.--
``(I) In general.--The term `natural regeneration'
means the establishment of a tree or tree age class
from natural seeding, sprouting, or suckering in
accordance with the management objectives of an
applicable land management plan.
``(II) Inclusion.--The term `natural regeneration'
may include any site preparation activity to enhance
the success of regeneration to the desired species
composition and structure.
``(ii) Priority land.--The term `priority land' means
National Forest System land that, due to an unplanned
event--
``(I) does not meet the conditions for appropriate
forest cover described in paragraph (1);
``(II) requires reforestation to meet the
objectives of an applicable land management plan; and
``(III) is unlikely to experience natural
regeneration without assistance.
``(iii) Reforestation.--The term `reforestation' means
the act of renewing tree cover, taking into consideration
species composition and resilience, by establishing young
trees through--
``(I) natural regeneration;
``(II) natural regeneration with site preparation;
or
``(III) planting or direct seeding.
``(iv) Secretary.--The term `Secretary' means the
Secretary, acting through the Chief of the Forest Service.
``(v) Unplanned event.--
``(I) In general.--The term `unplanned event' means
any unplanned disturbance that--
``(aa) disrupts ecosystem or forest structure
or composition; or
``(bb) changes resources, substrate
availability, or the physical environment.
``(II) Inclusions.--The term `unplanned event' may
include--
``(aa) a wildfire;
``(bb) an infestation of insects or disease;
``(cc) a weather event; and
``(dd) animal damage.
``(B) Requirement.--Each reforestation activity under this
section shall be carried out in accordance with applicable
Forest Service management practices and definitions, including
definitions relating to silvicultural practices and forest
management.
``(C) Reforestation priority.--
``(i) In general.--In carrying out this subsection, the
Secretary shall give priority to projects on the priority
list described in clause (ii).
``(ii) Priority list.--
``(I) In general.--The Secretary shall, based on
recommendations from regional foresters, create a
priority list of reforestation projects that--
``(aa) primarily take place on priority land;
``(bb) promote effective reforestation
following unplanned events; and
``(cc) may include activities to ensure
adequate and appropriate seed availability.
``(II) Ranking.--The Secretary shall rank projects
on the priority list under subclause (I) based on--
``(aa) documentation of an effective
reforestation project plan;
``(bb) the ability to measure the progress and
success of the project; and
``(cc) the ability of a project to provide
benefits relating to forest function and health,
soil health and productivity, wildlife habitat,
improved air and water quality, carbon
sequestration potential, resilience, job creation,
and enhanced recreational opportunities.''.
(B) Conforming amendment.--Section 9 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended, in
the undesignated matter following paragraph (5) of subsection
(g)--
(i) by striking ``section 3(d)'' and inserting
``subsection (e) of section 3''; and
(ii) by striking ``1601(d)'' and inserting ``1601''.
(2) National forest system program elements.--Section 9 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1607) is amended, in the second sentence, by striking
``2000'' and inserting ``2030''.
(b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16
U.S.C. 1606a) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) in paragraph (3)--
(i) in the second sentence, by striking ``Proper
adjustment'' and inserting the following:
``(3) Adjustment of estimates.--Proper adjustment''; and
(ii) by striking ``(3) The amounts'' and inserting the
following:
``(2) Frequency.--The amounts''; and
(C) by striking the subsection designation and all that
follows through ``the Secretary'' in paragraph (1) and
inserting the following:
``(b) Transfers to Trust Fund.--
``(1) In general.--The Secretary''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3(d)'' and inserting ``subsection
(e) of section 3''; and
(B) by striking ``1601(d)'' and inserting ``1601''.
SEC. 70303. REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary of Agriculture shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives, and make
publicly available on the website of the Forest Service, a report that
describes, with respect to the preceding year--
(1) an evaluation of the degree to which the Secretary has
achieved compliance with the requirements contained in the
amendments made by this title, including, as a result of those
amendments, the number of acres covered by reforestation projects
that follow unplanned events (such as wildfires);
(2) the total number of acres of land reforested under each
authority of the Secretary under which reforestation projects have
been carried out;
(3) the number of acres of National Forest System land affected
by, and the substance of reforestation needs on that land resulting
from, unplanned events; and
(4) the number of acres in need of reforestation under
subsection (e)(1) of section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).
TITLE IV--RECYCLING PRACTICES
SEC. 70401. BEST PRACTICES FOR BATTERY RECYCLING AND LABELING
GUIDELINES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means a device that--
(A) consists of 1 or more electrochemical cells that are
electrically connected; and
(B) is designed to store and deliver electric energy.
(3) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed into
specification-grade commodities, and consumed as raw-material
feedstock, in lieu of virgin materials, in the manufacturing of
new products;
(B) that may include collection, processing, and brokering;
and
(C) that result in subsequent consumption by a materials
manufacturer, including for the manufacturing of new products.
(b) Best Practices for Collection of Batteries to Be Recycled.--
(1) In general.--The Administrator shall develop best practices
that may be implemented by State, Tribal, and local governments
with respect to the collection of batteries to be recycled in a
manner that--
(A) to the maximum extent practicable, is technically and
economically feasible for State, Tribal, and local governments;
(B) is environmentally sound and safe for waste management
workers; and
(C) optimizes the value and use of material derived from
recycling of batteries.
(2) Consultation.--The Administrator shall develop the best
practices described in paragraph (1) in coordination with State,
Tribal, and local governments and relevant nongovernmental and
private sector entities.
(3) Report.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall submit to Congress a report
describing the best practices developed under paragraph (1).
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Administrator to carry out this subsection
$10,000,000 for fiscal year 2022, to remain available until
September 30, 2026.
(c) Voluntary Labeling Guidelines.--
(1) In general.--There is established within the Environmental
Protection Agency a program (referred to in this subsection as the
``program'') to promote battery recycling through the development
of--
(A) voluntary labeling guidelines for batteries; and
(B) other forms of communication materials for battery
producers and consumers about the reuse and recycling of
critical materials from batteries.
(2) Purposes.--The purposes of the program are to improve
battery collection and reduce battery waste, including by--
(A) identifying battery collection locations and increasing
accessibility to those locations;
(B) promoting consumer education about battery collection
and recycling; and
(C) reducing safety concerns relating to the improper
disposal of batteries.
(3) Other standards and law.--The Administrator shall make
every reasonable effort to ensure that voluntary labeling
guidelines and other forms of communication materials developed
under the program are consistent with--
(A) international battery labeling standards; and
(B) the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Administrator to carry out this subsection
$15,000,000 for fiscal year 2022, to remain available until
September 30, 2026.
SEC. 70402. CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM;
FEDERAL PROCUREMENT.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Environmental
Protection Agency.
(b) Consumer Recycling Education and Outreach Grant Program.--
(1) In general.--The Administrator shall establish a program
(referred to in this subsection as the ``grant program'') to award
competitive grants to eligible entities to improve the
effectiveness of residential and community recycling programs
through public education and outreach.
(2) Criteria.--The Administrator shall award grants under the
grant program for projects that, by using one or more eligible
activities described in paragraph (5)--
(A) inform the public about residential or community
recycling programs;
(B) provide information about the recycled materials that
are accepted as part of a residential or community recycling
program that provides for the separate collection of
residential solid waste from recycled material; and
(C) increase collection rates and decrease contamination in
residential and community recycling programs.
(3) Eligible entities.--
(A) In general.--An entity that is eligible to receive a
grant under the grant program is--
(i) a State;
(ii) a unit of local government;
(iii) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
(iv) a Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7517));
(v) the Department of Hawaiian Home Lands;
(vi) the Office of Hawaiian Affairs;
(vii) a nonprofit organization; or
(viii) a public-private partnership.
(B) Coordination of activities.--2 or more entities
described in subparagraph (A) may receive a grant under the
grant program to coordinate the provision of information to
residents that may access 2 or more residential recycling
programs, including programs that accept different recycled
materials, to provide to the residents information regarding
differences among those residential recycling programs.
(4) Requirement.--
(A) In general.--To receive a grant under the grant
program, an eligible entity shall demonstrate to the
Administrator that the grant funds will be used to encourage
the collection of recycled materials that are sold to an
existing or developing market.
(B) Business plans and financial data.--
(i) In general.--An eligible entity may make a
demonstration under subparagraph (A) through the submission
to the Administrator of appropriate business plans and
financial data.
(ii) Confidentiality.--The Administrator shall treat
any business plans or financial data received under clause
(i) as confidential information.
(5) Eligible activities.--An eligible entity that receives a
grant under the grant program may use the grant funds for
activities including--
(A) public service announcements;
(B) a door-to-door education and outreach campaign;
(C) social media and digital outreach;
(D) an advertising campaign on recycling awareness;
(E) the development and dissemination of--
(i) a toolkit for a municipal and commercial recycling
program;
(ii) information on the importance of quality in the
recycling stream;
(iii) information on the economic and environmental
benefits of recycling; and
(iv) information on what happens to materials after the
materials are placed into a residential or community
recycling program;
(F) businesses recycling outreach;
(G) bin, cart, and other receptacle labeling and signs; and
(H) such other activities that the Administrator determines
are appropriate to carry out the purposes of this subsection.
(6) Prohibition on use of funds.--No funds may be awarded under
the grant program for a residential recycling program that--
(A) does not provide for the separate collection of
residential solid waste (as defined in section 246.101 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act)) from recycled material (as defined in
that section), unless the funds are used to promote a
transition to a system that separately collects recycled
materials; or
(B) promotes the establishment of, or conversion to, a
residential collection system that does not provide for the
separate collection of residential solid waste from recycled
material (as those terms are defined under subparagraph (A)).
(7) Model recycling program toolkit.--
(A) In general.--In carrying out the grant program, the
Administrator, in consultation with other relevant Federal
agencies, States, Indian Tribes, units of local government,
nonprofit organizations, and the private sector, shall develop
a model recycling program toolkit for States, Indian Tribes,
and units of local government that includes, at a minimum--
(i) a standardized set of terms and examples that may
be used to describe materials that are accepted by a
residential recycling program;
(ii) information that the Administrator determines can
be widely applied across residential recycling programs,
taking into consideration the differences in recycled
materials accepted by residential recycling programs;
(iii) educational principles on best practices for the
collection and processing of recycled materials;
(iv) a community self-assessment guide to identify gaps
in existing recycling programs;
(v) training modules that enable States and nonprofit
organizations to provide technical assistance to units of
local government;
(vi) access to consumer educational materials that
States, Indian Tribes, and units of local government can
adapt and use in recycling programs; and
(vii) a guide to measure the effectiveness of a grant
received under the grant program, including standardized
measurements for recycling rates and decreases in
contamination.
(B) Requirement.--In developing the standardized set of
terms and examples under subparagraph (A)(i), the Administrator
may not establish any requirements for--
(i) what materials shall be accepted by a residential
recycling program; or
(ii) the labeling of products.
(8) School curriculum.--The Administrator shall provide
assistance to the educational community, including nonprofit
organizations, such as an organization the science, technology,
engineering, and mathematics program of which incorporates
recycling, to promote the introduction of recycling principles and
best practices into public school curricula.
(9) Reports.--
(A) To the administrator.--Not earlier than 180 days, and
not later than 2 years, after the date on which a grant under
the grant program is awarded to an eligible entity, the
eligible entity shall submit to the Administrator a report
describing, by using the guide developed under paragraph
(7)(A)(vii)--
(i) the change in volume of recycled material collected
through the activities funded with the grant;
(ii) the change in participation rate of the recycling
program funded with the grant;
(iii) the reduction of contamination in the recycling
stream as a result of the activities funded with the grant;
and
(iv) such other information as the Administrator
determines to be appropriate.
(B) To congress.--The Administrator shall submit to
Congress an annual report describing--
(i) the effectiveness of residential recycling programs
awarded funds under the grant program, including statistics
comparing the quantity and quality of recycled materials
collected by those programs, as described in the reports
submitted to the Administrator under subparagraph (A); and
(ii) recommendations on additional actions to improve
residential recycling.
(c) Federal Procurement.--Section 6002 of the Solid Waste Disposal
Act (42 U.S.C. 6962) is amended--
(1) in subsection (e), in the matter preceding paragraph (1),
by striking ``and from time to time, revise'' and inserting
``review not less frequently than once every 5 years, and, if
appropriate, revise, in consultation with recyclers and
manufacturers of products containing recycled content, not later
than 2 years after the completion of the initial review after the
date of enactment of the Infrastructure Investment and Jobs Act and
thereafter, as appropriate''; and
(2) by adding at the end the following:
``(j) Consultation and Provision of Information by Administrator.--
The Administrator shall--
``(1) consult with each procuring agency, including contractors
of the procuring agency, to clarify the responsibilities of the
procuring agency under this section; and
``(2) provide to each procuring agency information on the
requirements under this section and the responsibilities of the
procuring agency under this section.
``(k) Reports.--The Administrator, in consultation with the
Administrator of General Services, shall submit to Congress an annual
report describing--
``(1) the quantity of federally procured recycled products
listed in the guidelines under subsection (e); and
``(2) with respect to the products described in paragraph (1),
the percentage of recycled material in each product.''.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Administrator to carry out this section and the amendments made by
this section $15,000,000 for each of fiscal years 2022 through
2026.
(2) Requirement.--Of the amount made available under paragraph
(1) for a fiscal year, not less than 20 percent shall be allocated
to--
(A) low-income communities;
(B) rural communities; and
(C) communities identified as Native American pursuant to
section 2(9) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001(9)).
TITLE V--BIOPRODUCT PILOT PROGRAM
SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL COMMODITIES IN
CONSTRUCTION AND CONSUMER PRODUCTS.
(a) Definitions.--In this section:
(1) Construction product.--The term ``construction product''
means any article, or component part thereof, produced or
distributed for use during the construction, maintenance, or
preservation of a highway, road, street, bridge, building, dam,
port, or airport construction project.
(2) Consumer product.--The term ``consumer product'' means--
(A) any article, or component part thereof, produced or
distributed--
(i) for sale to a consumer for use in or around a
permanent or temporary household or residence, a school, in
recreation, or otherwise; or
(ii) for the personal use, consumption or enjoyment of
a consumer in or around a permanent or temporary household
or residence, a school, in recreation, or otherwise; and
(B) any product or product category described in
subparagraphs (A) through (I) of section 3(a)(5) of the
Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
(3) Covered agricultural commodity.--The term ``covered
agricultural commodity'' means any agricultural commodity, food,
feed, fiber, livestock, oil, or a derivative thereof, that the
Secretary determines to have been used in the production of
materials that have demonstrated market viability and benefits (as
described in paragraphs (1) through (7) of subsection (b)) as of
the date of enactment of this Act.
(4) Qualified institution.--The term ``qualified institution''
means a bioproducts research facility that--
(A) is funded, in part, by a State;
(B) is located within a reasonable distance, not to exceed
3 miles, of the primary residence hall of an institution of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
(C) provides students opportunities to engage in research
activities; and
(D) provides opportunities for an institution of higher
education (as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private
enterprise.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Establishment.--The Secretary shall carry out a pilot program
under which the Secretary shall partner with not less than 1 qualified
institution to study the benefits of using materials derived from
covered agricultural commodities in the production of construction
products and consumer products, including--
(1) cost savings relative to other commonly used alternative
materials;
(2) greenhouse gas emission reductions and other environmental
benefits relative to other commonly used alternative materials;
(3) life-cycle and longevity-extending characteristics relative
to other commonly used alternative materials;
(4) life-cycle and longevity-reducing characteristics relative
to other commonly used alternative materials;
(5) landfill quantity and waste management cost reductions;
(6) product development and production scale-up; and
(7) any other benefits that the Secretary determines to be
appropriate.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000 for
each of fiscal years 2022 through 2023.
TITLE VI--CYBERSECURITY
Subtitle A--Cyber Response and Recovery Act
SEC. 70601. SHORT TITLE.
This subtitle may be cited as the ``Cyber Response and Recovery
Act''.
SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
(a) In General.--Title XXII of the Homeland Security Act of 2002 (6
U.S.C. 651 et seq.) is amended by adding at the end the following:
``Subtitle C--Declaration of a Significant Incident
``SEC. 2231. SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the purpose of this subtitle is to authorize the
Secretary to declare that a significant incident has occurred and
to establish the authorities that are provided under the
declaration to respond to and recover from the significant
incident; and
``(2) the authorities established under this subtitle are
intended to enable the Secretary to provide voluntary assistance to
non-Federal entities impacted by a significant incident.
``SEC. 2232. DEFINITIONS.
``For the purposes of this subtitle:
``(1) Asset response activity.--The term `asset response
activity' means an activity to support an entity impacted by an
incident with the response to, remediation of, or recovery from,
the incident, including--
``(A) furnishing technical and advisory assistance to the
entity to protect the assets of the entity, mitigate
vulnerabilities, and reduce the related impacts;
``(B) assessing potential risks to the critical
infrastructure sector or geographic region impacted by the
incident, including potential cascading effects of the incident
on other critical infrastructure sectors or geographic regions;
``(C) developing courses of action to mitigate the risks
assessed under subparagraph (B);
``(D) facilitating information sharing and operational
coordination with entities performing threat response
activities; and
``(E) providing guidance on how best to use Federal
resources and capabilities in a timely, effective manner to
speed recovery from the incident.
``(2) Declaration.--The term `declaration' means a declaration
of the Secretary under section 2233(a)(1).
``(3) Director.--The term `Director' means the Director of the
Cybersecurity and Infrastructure Security Agency.
``(4) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 3502 of title 44, United
States Code.
``(5) Fund.--The term `Fund' means the Cyber Response and
Recovery Fund established under section 2234(a).
``(6) Incident.--The term `incident' has the meaning given the
term in section 3552 of title 44, United States Code.
``(7) Renewal.--The term `renewal' means a renewal of a
declaration under section 2233(d).
``(8) Significant incident.--The term `significant incident'--
``(A) means an incident or a group of related incidents
that results, or is likely to result, in demonstrable harm to--
``(i) the national security interests, foreign
relations, or economy of the United States; or
``(ii) the public confidence, civil liberties, or
public health and safety of the people of the United
States; and
``(B) does not include an incident or a portion of a group
of related incidents that occurs on--
``(i) a national security system (as defined in section
3552 of title 44, United States Code); or
``(ii) an information system described in paragraph (2)
or (3) of section 3553(e) of title 44, United States Code.
``SEC. 2233. DECLARATION.
``(a) In General.--
``(1) Declaration.--The Secretary, in consultation with the
National Cyber Director, may make a declaration of a significant
incident in accordance with this section for the purpose of
enabling the activities described in this subtitle if the Secretary
determines that--
``(A) a specific significant incident--
``(i) has occurred; or
``(ii) is likely to occur imminently; and
``(B) otherwise available resources, other than the Fund,
are likely insufficient to respond effectively to, or to
mitigate effectively, the specific significant incident
described in subparagraph (A).
``(2) Prohibition on delegation.--The Secretary may not
delegate the authority provided to the Secretary under paragraph
(1).
``(b) Asset Response Activities.--Upon a declaration, the Director
shall coordinate--
``(1) the asset response activities of each Federal agency in
response to the specific significant incident associated with the
declaration; and
``(2) with appropriate entities, which may include--
``(A) public and private entities and State and local
governments with respect to the asset response activities of
those entities and governments; and
``(B) Federal, State, local, and Tribal law enforcement
agencies with respect to investigations and threat response
activities of those law enforcement agencies; and
``(3) Federal, State, local, and Tribal emergency management
and response agencies.
``(c) Duration.--Subject to subsection (d), a declaration shall
terminate upon the earlier of--
``(1) a determination by the Secretary that the declaration is
no longer necessary; or
``(2) the expiration of the 120-day period beginning on the
date on which the Secretary makes the declaration.
``(d) Renewal.--The Secretary, without delegation, may renew a
declaration as necessary.
``(e) Publication.--
``(1) In general.--Not later than 72 hours after a declaration
or a renewal, the Secretary shall publish the declaration or
renewal in the Federal Register.
``(2) Prohibition.--A declaration or renewal published under
paragraph (1) may not include the name of any affected individual
or private company.
``(f) Advance Actions.--
``(1) In general.--The Secretary--
``(A) shall assess the resources available to respond to a
potential declaration; and
``(B) may take actions before and while a declaration is in
effect to arrange or procure additional resources for asset
response activities or technical assistance the Secretary
determines necessary, which may include entering into standby
contracts with private entities for cybersecurity services or
incident responders in the event of a declaration.
``(2) Expenditure of funds.--Any expenditure from the Fund for
the purpose of paragraph (1)(B) shall be made from amounts
available in the Fund, and amounts available in the Fund shall be
in addition to any other appropriations available to the
Cybersecurity and Infrastructure Security Agency for such purpose.
``SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
``(a) In General.--There is established a Cyber Response and
Recovery Fund, which shall be available for--
``(1) the coordination of activities described in section
2233(b);
``(2) response and recovery support for the specific
significant incident associated with a declaration to Federal,
State, local, and Tribal, entities and public and private entities
on a reimbursable or non-reimbursable basis, including through
asset response activities and technical assistance, such as--
``(A) vulnerability assessments and mitigation;
``(B) technical incident mitigation;
``(C) malware analysis;
``(D) analytic support;
``(E) threat detection and hunting; and
``(F) network protections;
``(3) as the Director determines appropriate, grants for, or
cooperative agreements with, Federal, State, local, and Tribal
public and private entities to respond to, and recover from, the
specific significant incident associated with a declaration, such
as--
``(A) hardware or software to replace, update, improve,
harden, or enhance the functionality of existing hardware,
software, or systems; and
``(B) technical contract personnel support; and
``(4) advance actions taken by the Secretary under section
2233(f)(1)(B).
``(b) Deposits and Expenditures.--
``(1) In general.--Amounts shall be deposited into the Fund
from--
``(A) appropriations to the Fund for activities of the
Fund; and
``(B) reimbursement from Federal agencies for the
activities described in paragraphs (1), (2), and (4) of
subsection (a), which shall only be from amounts made available
in advance in appropriations Acts for such reimbursement.
``(2) Expenditures.--Any expenditure from the Fund for the
purposes of this subtitle shall be made from amounts available in
the Fund from a deposit described in paragraph (1), and amounts
available in the Fund shall be in addition to any other
appropriations available to the Cybersecurity and Infrastructure
Security Agency for such purposes.
``(c) Supplement Not Supplant.--Amounts in the Fund shall be used
to supplement, not supplant, other Federal, State, local, or Tribal
funding for activities in response to a declaration.
``(d) Reporting.--The Secretary shall require an entity that
receives amounts from the Fund to submit a report to the Secretary that
details the specific use of the amounts.
``SEC. 2235. NOTIFICATION AND REPORTING.
``(a) Notification.--Upon a declaration or renewal, the Secretary
shall immediately notify the National Cyber Director and appropriate
congressional committees and include in the notification--
``(1) an estimation of the planned duration of the declaration;
``(2) with respect to a notification of a declaration, the
reason for the declaration, including information relating to the
specific significant incident or imminent specific significant
incident, including--
``(A) the operational or mission impact or anticipated
impact of the specific significant incident on Federal and non-
Federal entities;
``(B) if known, the perpetrator of the specific significant
incident; and
``(C) the scope of the Federal and non-Federal entities
impacted or anticipated to be impacted by the specific
significant incident;
``(3) with respect to a notification of a renewal, the reason
for the renewal;
``(4) justification as to why available resources, other than
the Fund, are insufficient to respond to or mitigate the specific
significant incident; and
``(5) a description of the coordination activities described in
section 2233(b) that the Secretary anticipates the Director to
perform.
``(b) Report to Congress.--Not later than 180 days after the date
of a declaration or renewal, the Secretary shall submit to the
appropriate congressional committees a report that includes--
``(1) the reason for the declaration or renewal, including
information and intelligence relating to the specific significant
incident that led to the declaration or renewal;
``(2) the use of any funds from the Fund for the purpose of
responding to the incident or threat described in paragraph (1);
``(3) a description of the actions, initiatives, and projects
undertaken by the Department and State and local governments and
public and private entities in responding to and recovering from
the specific significant incident described in paragraph (1);
``(4) an accounting of the specific obligations and outlays of
the Fund; and
``(5) an analysis of--
``(A) the impact of the specific significant incident
described in paragraph (1) on Federal and non-Federal entities;
``(B) the impact of the declaration or renewal on the
response to, and recovery from, the specific significant
incident described in paragraph (1); and
``(C) the impact of the funds made available from the Fund
as a result of the declaration or renewal on the recovery from,
and response to, the specific significant incident described in
paragraph (1).
``(c) Classification.--Each notification made under subsection (a)
and each report submitted under subsection (b)--
``(1) shall be in an unclassified form with appropriate
markings to indicate information that is exempt from disclosure
under section 552 of title 5, United States Code (commonly known as
the `Freedom of Information Act'); and
``(2) may include a classified annex.
``(d) Consolidated Report.--The Secretary shall not be required to
submit multiple reports under subsection (b) for multiple declarations
or renewals if the Secretary determines that the declarations or
renewals substantively relate to the same specific significant
incident.
``(e) Exemption.--The requirements of subchapter I of chapter 35 of
title 44 (commonly known as the `Paperwork Reduction Act') shall not
apply to the voluntary collection of information by the Department
during an investigation of, a response to, or an immediate post-
response review of, the specific significant incident leading to a
declaration or renewal.
``SEC. 2236. RULE OF CONSTRUCTION.
``Nothing in this subtitle shall be construed to impair or limit
the ability of the Director to carry out the authorized activities of
the Cybersecurity and Infrastructure Security Agency.
``SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Fund $20,000,000
for fiscal year 2022 and each fiscal year thereafter until September
30, 2028, which shall remain available until September 30, 2028.
``SEC. 2238. SUNSET.
``The authorities granted to the Secretary or the Director under
this subtitle shall expire on the date that is 7 years after the date
of enactment of this subtitle.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by adding at the end the following:
``Subtitle C--Declaration of a Significant Incident
``Sec. 2231. Sense of congress.
``Sec. 2232. Definitions.
``Sec. 2233. Declaration.
``Sec. 2234. Cyber response and recovery fund.
``Sec. 2235. Notification and reporting.
``Sec. 2236. Rule of construction.
``Sec. 2237. Authorization of appropriations.
``Sec. 2238. Sunset.''.
Subtitle B--State and Local Cybersecurity Improvement Act
SEC. 70611. SHORT TITLE.
This subtitle may be cited as the ``State and Local Cybersecurity
Improvement Act''.
SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following:
``SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Homeland Security of the House of
Representatives.
``(2) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501).
``(3) Cybersecurity plan.--The term `Cybersecurity Plan' means
a plan submitted by an eligible entity under subsection (e)(1).
``(4) Eligible entity.--The term `eligible entity' means a--
``(A) State; or
``(B) Tribal government.
``(5) Incident.--The term `incident' has the meaning given the
term in section 2209.
``(6) Information sharing and analysis organization.--The term
`information sharing and analysis organization' has the meaning
given the term in section 2222.
``(7) Information system.--The term `information system' has
the meaning given the term in section 102 of the Cybersecurity Act
of 2015 (6 U.S.C. 1501).
``(8) Multi-entity group.--The term `multi-entity group' means
a group of 2 or more eligible entities desiring a grant under this
section.
``(9) Online service.--The term `online service' means any
internet-facing service, including a website, email, virtual
private network, or custom application.
``(10) Rural area.--The term `rural area' has the meaning given
the term in section 5302 of title 49, United States Code.
``(11) State and local cybersecurity grant program.--The term
`State and Local Cybersecurity Grant Program' means the program
established under subsection (b).
``(12) Tribal government.--The term `Tribal government' means
the recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, that is individually identified (including
parenthetically) in the most recent list published pursuant to
Section 104 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5131).
``(b) Establishment.--
``(1) In general.--There is established within the Department a
program to award grants to eligible entities to address
cybersecurity risks and cybersecurity threats to information
systems owned or operated by, or on behalf of, State, local, or
Tribal governments.
``(2) Application.--An eligible entity desiring a grant under
the State and Local Cybersecurity Grant Program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(c) Administration.--The State and Local Cybersecurity Grant
Program shall be administered in the same office of the Department that
administers grants made under sections 2003 and 2004.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section and a local government that receives funds from a grant
under this section, as appropriate, shall use the grant to--
``(1) implement the Cybersecurity Plan of the eligible entity;
``(2) develop or revise the Cybersecurity Plan of the eligible
entity;
``(3) pay expenses directly relating to the administration of
the grant, which shall not exceed 5 percent of the amount of the
grant;
``(4) assist with activities that address imminent
cybersecurity threats, as confirmed by the Secretary, acting
through the Director, to the information systems owned or operated
by, or on behalf of, the eligible entity or a local government
within the jurisdiction of the eligible entity; or
``(5) fund any other appropriate activity determined by the
Secretary, acting through the Director.
``(e) Cybersecurity Plans.--
``(1) In general.--An eligible entity applying for a grant
under this section shall submit to the Secretary a Cybersecurity
Plan for review in accordance with subsection (i).
``(2) Required elements.--A Cybersecurity Plan of an eligible
entity shall--
``(A) incorporate, to the extent practicable--
``(i) any existing plans of the eligible entity to
protect against cybersecurity risks and cybersecurity
threats to information systems owned or operated by, or on
behalf of, State, local, or Tribal governments; and
``(ii) if the eligible entity is a State, consultation
and feedback from local governments and associations of
local governments within the jurisdiction of the eligible
entity;
``(B) describe, to the extent practicable, how the eligible
entity will--
``(i) manage, monitor, and track information systems,
applications, and user accounts owned or operated by, or on
behalf of, the eligible entity or, if the eligible entity
is a State, local governments within the jurisdiction of
the eligible entity, and the information technology
deployed on those information systems, including legacy
information systems and information technology that are no
longer supported by the manufacturer of the systems or
technology;
``(ii) monitor, audit, and, track network traffic and
activity transiting or traveling to or from information
systems, applications, and user accounts owned or operated
by, or on behalf of, the eligible entity or, if the
eligible entity is a State, local governments within the
jurisdiction of the eligible entity;
``(iii) enhance the preparation, response, and
resiliency of information systems, applications, and user
accounts owned or operated by, or on behalf of, the
eligible entity or, if the eligible entity is a State,
local governments within the jurisdiction of the eligible
entity, against cybersecurity risks and cybersecurity
threats;
``(iv) implement a process of continuous cybersecurity
vulnerability assessments and threat mitigation practices
prioritized by degree of risk to address cybersecurity
risks and cybersecurity threats on information systems,
applications, and user accounts owned or operated by, or on
behalf of, the eligible entity or, if the eligible entity
is a State, local governments within the jurisdiction of
the eligible entity;
``(v) ensure that the eligible entity and, if the
eligible entity is a State, local governments within the
jurisdiction of the eligible entity, adopt and use best
practices and methodologies to enhance cybersecurity, such
as--
``(I) the practices set forth in the cybersecurity
framework developed by the National Institute of
Standards and Technology;
``(II) cyber chain supply chain risk management
best practices identified by the National Institute of
Standards and Technology; and
``(III) knowledge bases of adversary tools and
tactics;
``(vi) promote the delivery of safe, recognizable, and
trustworthy online services by the eligible entity and, if
the eligible entity is a State, local governments within
the jurisdiction of the eligible entity, including through
the use of the .gov internet domain;
``(vii) ensure continuity of operations of the eligible
entity and, if the eligible entity is a State, local
governments within the jurisdiction of the eligible entity,
in the event of a cybersecurity incident, including by
conducting exercises to practice responding to a
cybersecurity incident;
``(viii) use the National Initiative for Cybersecurity
Education Workforce Framework for Cybersecurity developed
by the National Institute of Standards and Technology to
identify and mitigate any gaps in the cybersecurity
workforces of the eligible entity and, if the eligible
entity is a State, local governments within the
jurisdiction of the eligible entity, enhance recruitment
and retention efforts for those workforces, and bolster the
knowledge, skills, and abilities of personnel of the
eligible entity and, if the eligible entity is a State,
local governments within the jurisdiction of the eligible
entity, to address cybersecurity risks and cybersecurity
threats, such as through cybersecurity hygiene training;
``(ix) if the eligible entity is a State, ensure
continuity of communications and data networks within the
jurisdiction of the eligible entity between the eligible
entity and local governments within the jurisdiction of the
eligible entity in the event of an incident involving those
communications or data networks;
``(x) assess and mitigate, to the greatest degree
possible, cybersecurity risks and cybersecurity threats
relating to critical infrastructure and key resources, the
degradation of which may impact the performance of
information systems within the jurisdiction of the eligible
entity;
``(xi) enhance capabilities to share cyber threat
indicators and related information between the eligible
entity and--
``(I) if the eligible entity is a State, local
governments within the jurisdiction of the eligible
entity, including by expanding information sharing
agreements with the Department; and
``(II) the Department;
``(xii) leverage cybersecurity services offered by the
Department;
``(xiii) implement an information technology and
operational technology modernization cybersecurity review
process that ensures alignment between information
technology and operational technology cybersecurity
objectives;
``(xiv) develop and coordinate strategies to address
cybersecurity risks and cybersecurity threats in
consultation with--
``(I) if the eligible entity is a State, local
governments and associations of local governments
within the jurisdiction of the eligible entity; and
``(II) as applicable--
``(aa) eligible entities that neighbor the
jurisdiction of the eligible entity or, as
appropriate, members of an information sharing and
analysis organization; and
``(bb) countries that neighbor the jurisdiction
of the eligible entity;
``(xv) ensure adequate access to, and participation in,
the services and programs described in this subparagraph by
rural areas within the jurisdiction of the eligible entity;
and
``(xvi) distribute funds, items, services,
capabilities, or activities to local governments under
subsection (n)(2)(A), including the fraction of that
distribution the eligible entity plans to distribute to
rural areas under subsection (n)(2)(B);
``(C) assess the capabilities of the eligible entity
relating to the actions described in subparagraph (B);
``(D) describe, as appropriate and to the extent
practicable, the individual responsibilities of the eligible
entity and local governments within the jurisdiction of the
eligible entity in implementing the plan;
``(E) outline, to the extent practicable, the necessary
resources and a timeline for implementing the plan; and
``(F) describe the metrics the eligible entity will use to
measure progress towards--
``(i) implementing the plan; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems owned or
operated by, or on behalf of, the eligible entity or, if
the eligible entity is a State, local governments within
the jurisdiction of the eligible entity.
``(3) Discretionary elements.--In drafting a Cybersecurity
Plan, an eligible entity may--
``(A) consult with the Multi-State Information Sharing and
Analysis Center;
``(B) include a description of cooperative programs
developed by groups of local governments within the
jurisdiction of the eligible entity to address cybersecurity
risks and cybersecurity threats; and
``(C) include a description of programs provided by the
eligible entity to support local governments and owners and
operators of critical infrastructure to address cybersecurity
risks and cybersecurity threats.
``(f) Multi-entity Grants.--
``(1) In general.--The Secretary may award grants under this
section to a multi-entity group to support multi-entity efforts to
address cybersecurity risks and cybersecurity threats to
information systems within the jurisdictions of the eligible
entities that comprise the multi-entity group.
``(2) Satisfaction of other requirements.--In order to be
eligible for a multi-entity grant under this subsection, each
eligible entity that comprises a multi-entity group shall have--
``(A) a Cybersecurity Plan that has been reviewed by the
Secretary in accordance with subsection (i); and
``(B) a cybersecurity planning committee established in
accordance with subsection (g).
``(3) Application.--
``(A) In general.--A multi-entity group applying for a
multi-entity grant under paragraph (1) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(B) Multi-entity project plan.--An application for a
grant under this section of a multi-entity group under
subparagraph (A) shall include a plan describing--
``(i) the division of responsibilities among the
eligible entities that comprise the multi-entity group;
``(ii) the distribution of funding from the grant among
the eligible entities that comprise the multi-entity group;
and
``(iii) how the eligible entities that comprise the
multi-entity group will work together to implement the
Cybersecurity Plan of each of those eligible entities.
``(g) Planning Committees.--
``(1) In general.--An eligible entity that receives a grant
under this section shall establish a cybersecurity planning
committee to--
``(A) assist with the development, implementation, and
revision of the Cybersecurity Plan of the eligible entity;
``(B) approve the Cybersecurity Plan of the eligible
entity; and
``(C) assist with the determination of effective funding
priorities for a grant under this section in accordance with
subsections (d) and (j).
``(2) Composition.--A committee of an eligible entity
established under paragraph (1) shall--
``(A) be comprised of representatives from--
``(i) the eligible entity;
``(ii) if the eligible entity is a State, counties,
cities, and towns within the jurisdiction of the eligible
entity; and
``(iii) institutions of public education and health
within the jurisdiction of the eligible entity; and
``(B) include, as appropriate, representatives of rural,
suburban, and high-population jurisdictions.
``(3) Cybersecurity expertise.--Not less than one-half of the
representatives of a committee established under paragraph (1)
shall have professional experience relating to cybersecurity or
information technology.
``(4) Rule of construction regarding existing planning
committees.--Nothing in this subsection shall be construed to
require an eligible entity to establish a cybersecurity planning
committee if the eligible entity has established and uses a
multijurisdictional planning committee or commission that--
``(A) meets the requirements of this subsection; or
``(B) may be expanded or leveraged to meet the requirements
of this subsection, including through the formation of a
cybersecurity planning subcommittee.
``(5) Rule of construction regarding control of information
systems of eligible entities.--Nothing in this subsection shall be
construed to permit a cybersecurity planning committee of an
eligible entity that meets the requirements of this subsection to
make decisions relating to information systems owned or operated
by, or on behalf of, the eligible entity.
``(h) Special Rule for Tribal Governments.--With respect to any
requirement under subsection (e) or (g), the Secretary, in consultation
with the Secretary of the Interior and Tribal governments, may
prescribe an alternative substantively similar requirement for Tribal
governments if the Secretary finds that the alternative requirement is
necessary for the effective delivery and administration of grants to
Tribal governments under this section.
``(i) Review of Plans.--
``(1) Review as condition of grant.--
``(A) In general.--Subject to paragraph (3), before an
eligible entity may receive a grant under this section, the
Secretary, acting through the Director, shall--
``(i) review the Cybersecurity Plan of the eligible
entity, including any revised Cybersecurity Plans of the
eligible entity; and
``(ii) determine that the Cybersecurity Plan reviewed
under clause (i) satisfies the requirements under paragraph
(2).
``(B) Duration of determination.--In the case of a
determination under subparagraph (A)(ii) that a Cybersecurity
Plan satisfies the requirements under paragraph (2), the
determination shall be effective for the 2-year period
beginning on the date of the determination.
``(C) Annual renewal.--Not later than 2 years after the
date on which the Secretary determines under subparagraph
(A)(ii) that a Cybersecurity Plan satisfies the requirements
under paragraph (2), and annually thereafter, the Secretary,
acting through the Director, shall--
``(i) determine whether the Cybersecurity Plan and any
revisions continue to meet the criteria described in
paragraph (2); and
``(ii) renew the determination if the Secretary, acting
through the Director, makes a positive determination under
clause (i).
``(2) Plan requirements.--In reviewing a Cybersecurity Plan of
an eligible entity under this subsection, the Secretary, acting
through the Director, shall ensure that the Cybersecurity Plan--
``(A) satisfies the requirements of subsection (e)(2); and
``(B) has been approved by--
``(i) the cybersecurity planning committee of the
eligible entity established under subsection (g); and
``(ii) the Chief Information Officer, the Chief
Information Security Officer, or an equivalent official of
the eligible entity.
``(3) Exception.--Notwithstanding subsection (e) and paragraph
(1) of this subsection, the Secretary may award a grant under this
section to an eligible entity that does not submit a Cybersecurity
Plan to the Secretary for review before September 30, 2023, if the
eligible entity certifies to the Secretary that--
``(A) the activities that will be supported by the grant
are--
``(i) integral to the development of the Cybersecurity
Plan of the eligible entity; or
``(ii) necessary to assist with activities described in
subsection (d)(4), as confirmed by the Director; and
``(B) the eligible entity will submit to the Secretary a
Cybersecurity Plan for review under this subsection by
September 30, 2023.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to provide authority to the Secretary to--
``(A) regulate the manner by which an eligible entity or
local government improves the cybersecurity of the information
systems owned or operated by, or on behalf of, the eligible
entity or local government; or
``(B) condition the receipt of grants under this section
on--
``(i) participation in a particular Federal program; or
``(ii) the use of a specific product or technology.
``(j) Limitations on Uses of Funds.--
``(1) In general.--Any entity that receives funds from a grant
under this section may not use the grant--
``(A) to supplant State or local funds;
``(B) for any recipient cost-sharing contribution;
``(C) to pay a ransom;
``(D) for recreational or social purposes; or
``(E) for any purpose that does not address cybersecurity
risks or cybersecurity threats on information systems owned or
operated by, or on behalf of, the eligible entity that receives
the grant or a local government within the jurisdiction of the
eligible entity.
``(2) Compliance oversight.--In addition to any other remedy
available, the Secretary may take such actions as are necessary to
ensure that a recipient of a grant under this section uses the
grant for the purposes for which the grant is awarded.
``(3) Rule of construction.--Nothing in paragraph (1)(A) shall
be construed to prohibit the use of funds from a grant under this
section awarded to a State, local, or Tribal government for
otherwise permissible uses under this section on the basis that the
State, local, or Tribal government has previously used State,
local, or Tribal funds to support the same or similar uses.
``(k) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Secretary shall provide
applicants with a reasonable opportunity to correct any defects in
those applications before making final awards, including by allowing
applicants to revise a submitted Cybersecurity Plan.
``(l) Apportionment.--For fiscal year 2022 and each fiscal year
thereafter, the Secretary shall apportion amounts appropriated to carry
out this section among eligible entities as follows:
``(1) Baseline amount.--The Secretary shall first apportion--
``(A) 0.25 percent of such amounts to each of American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
and the United States Virgin Islands;
``(B) 1 percent of such amounts to each of the remaining
States; and
``(C) 3 percent of such amounts to Tribal governments.
``(2) Remainder.--The Secretary shall apportion the remainder
of such amounts to States as follows:
``(A) 50 percent of such remainder in the ratio that the
population of each State, bears to the population of all
States; and
``(B) 50 percent of such remainder in the ratio that the
population of each State that resides in rural areas, bears to
the population of all States that resides in rural areas.
``(3) Apportionment among tribal governments.--In determining
how to apportion amounts to Tribal governments under paragraph
(1)(C), the Secretary shall consult with the Secretary of the
Interior and Tribal governments.
``(4) Multi-entity grants.--An amount received from a multi-
entity grant awarded under subsection (f)(1) by a State or Tribal
government that is a member of the multi-entity group shall qualify
as an apportionment for the purpose of this subsection.
``(m) Federal Share.--
``(1) In general.--The Federal share of the cost of an activity
carried out using funds made available with a grant under this
section may not exceed--
``(A) in the case of a grant to an eligible entity--
``(i) for fiscal year 2022, 90 percent;
``(ii) for fiscal year 2023, 80 percent;
``(iii) for fiscal year 2024, 70 percent; and
``(iv) for fiscal year 2025, 60 percent; and
``(B) in the case of a grant to a multi-entity group--
``(i) for fiscal year 2022, 100 percent;
``(ii) for fiscal year 2023, 90 percent;
``(iii) for fiscal year 2024, 80 percent; and
``(iv) for fiscal year 2025, 70 percent.
``(2) Waiver.--
``(A) In general.--The Secretary may waive or modify the
requirements of paragraph (1) if an eligible entity or multi-
entity group demonstrates economic hardship.
``(B) Guidelines.--The Secretary shall establish and
publish guidelines for determining what constitutes economic
hardship for the purposes of this subsection.
``(C) Considerations.--In developing guidelines under
subparagraph (B), the Secretary shall consider, with respect to
the jurisdiction of an eligible entity--
``(i) changes in rates of unemployment in the
jurisdiction from previous years;
``(ii) changes in the percentage of individuals who are
eligible to receive benefits under the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) from previous
years; and
``(iii) any other factors the Secretary considers
appropriate.
``(3) Waiver for tribal governments.--Notwithstanding paragraph
(2), the Secretary, in consultation with the Secretary of the
Interior and Tribal governments, may waive or modify the
requirements of paragraph (1) for 1 or more Tribal governments if
the Secretary determines that the waiver is in the public interest.
``(n) Responsibilities of Grantees.--
``(1) Certification.--Each eligible entity or multi-entity
group that receives a grant under this section shall certify to the
Secretary that the grant will be used--
``(A) for the purpose for which the grant is awarded; and
``(B) in compliance with subsections (d) and (j).
``(2) Availability of funds to local governments and rural
areas.--
``(A) In general.--Subject to subparagraph (C), not later
than 45 days after the date on which an eligible entity or
multi-entity group receives a grant under this section, the
eligible entity or multi-entity group shall, without imposing
unreasonable or unduly burdensome requirements as a condition
of receipt, obligate or otherwise make available to local
governments within the jurisdiction of the eligible entity or
the eligible entities that comprise the multi-entity group,
consistent with the Cybersecurity Plan of the eligible entity
or the Cybersecurity Plans of the eligible entities that
comprise the multi-entity group--
``(i) not less than 80 percent of funds available under
the grant;
``(ii) with the consent of the local governments,
items, services, capabilities, or activities having a value
of not less than 80 percent of the amount of the grant; or
``(iii) with the consent of the local governments,
grant funds combined with other items, services,
capabilities, or activities having the total value of not
less than 80 percent of the amount of the grant.
``(B) Availability to rural areas.--In obligating funds,
items, services, capabilities, or activities to local
governments under subparagraph (A), the eligible entity or
eligible entities that comprise the multi-entity group shall
ensure that rural areas within the jurisdiction of the eligible
entity or the eligible entities that comprise the multi-entity
group receive not less than--
``(i) 25 percent of the amount of the grant awarded to
the eligible entity;
``(ii) items, services, capabilities, or activities
having a value of not less than 25 percent of the amount of
the grant awarded to the eligible entity; or
``(iii) grant funds combined with other items,
services, capabilities, or activities having the total
value of not less than 25 percent of the grant awarded to
the eligible entity.
``(C) Exceptions.--This paragraph shall not apply to--
``(i) any grant awarded under this section that solely
supports activities that are integral to the development or
revision of the Cybersecurity Plan of the eligible entity;
or
``(ii) the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, the United States Virgin
Islands, or a Tribal government.
``(3) Certifications regarding distribution of grant funds to
local governments.--An eligible entity or multi-entity group shall
certify to the Secretary that the eligible entity or multi-entity
group has made the distribution to local governments required under
paragraph (2).
``(4) Extension of period.--
``(A) In general.--An eligible entity or multi-entity group
may request in writing that the Secretary extend the period of
time specified in paragraph (2) for an additional period of
time.
``(B) Approval.--The Secretary may approve a request for an
extension under subparagraph (A) if the Secretary determines
the extension is necessary to ensure that the obligation and
expenditure of grant funds align with the purpose of the State
and Local Cybersecurity Grant Program.
``(5) Direct funding.--If an eligible entity does not make a
distribution to a local government required under paragraph (2) in
a timely fashion, the local government may petition the Secretary
to request the Secretary to provide funds directly to the local
government.
``(6) Limitation on construction.--A grant awarded under this
section may not be used to acquire land or to construct, remodel,
or perform alterations of buildings or other physical facilities.
``(7) Consultation in allocating funds.--An eligible entity
applying for a grant under this section shall agree to consult the
Chief Information Officer, the Chief Information Security Officer,
or an equivalent official of the eligible entity in allocating
funds from a grant awarded under this section.
``(8) Penalties.--In addition to other remedies available to
the Secretary, if an eligible entity violates a requirement of this
subsection, the Secretary may--
``(A) terminate or reduce the amount of a grant awarded
under this section to the eligible entity; or
``(B) distribute grant funds previously awarded to the
eligible entity--
``(i) in the case of an eligible entity that is a
State, directly to the appropriate local government as a
replacement grant in an amount determined by the Secretary;
or
``(ii) in the case of an eligible entity that is a
Tribal government, to another Tribal government or Tribal
governments as a replacement grant in an amount determined
by the Secretary.
``(o) Consultation With State, Local, and Tribal Representatives.--
In carrying out this section, the Secretary shall consult with State,
local, and Tribal representatives with professional experience relating
to cybersecurity, including representatives of associations
representing State, local, and Tribal governments, to inform--
``(1) guidance for applicants for grants under this section,
including guidance for Cybersecurity Plans;
``(2) the study of risk-based formulas required under
subsection (q)(4);
``(3) the development of guidelines required under subsection
(m)(2)(B); and
``(4) any modifications described in subsection (q)(2)(D).
``(p) Notification to Congress.--Not later than 3 business days
before the date on which the Department announces the award of a grant
to an eligible entity under this section, including an announcement to
the eligible entity, the Secretary shall provide to the appropriate
committees of Congress notice of the announcement.
``(q) Reports, Study, and Review.--
``(1) Annual reports by grant recipients.--
``(A) In general.--Not later than 1 year after the date on
which an eligible entity receives a grant under this section
for the purpose of implementing the Cybersecurity Plan of the
eligible entity, including an eligible entity that comprises a
multi-entity group that receives a grant for that purpose, and
annually thereafter until 1 year after the date on which funds
from the grant are expended or returned, the eligible entity
shall submit to the Secretary a report that, using the metrics
described in the Cybersecurity Plan of the eligible entity,
describes the progress of the eligible entity in--
``(i) implementing the Cybersecurity Plan of the
eligible entity; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems owned or
operated by, or on behalf of, the eligible entity or, if
the eligible entity is a State, local governments within
the jurisdiction of the eligible entity.
``(B) Absence of plan.--Not later than 1 year after the
date on which an eligible entity that does not have a
Cybersecurity Plan receives funds under this section, and
annually thereafter until 1 year after the date on which funds
from the grant are expended or returned, the eligible entity
shall submit to the Secretary a report describing how the
eligible entity obligated and expended grant funds to--
``(i) develop or revise a Cybersecurity Plan; or
``(ii) assist with the activities described in
subsection (d)(4).
``(2) Annual reports to congress.--Not less frequently than
annually, the Secretary, acting through the Director, shall submit
to Congress a report on--
``(A) the use of grants awarded under this section;
``(B) the proportion of grants used to support
cybersecurity in rural areas;
``(C) the effectiveness of the State and Local
Cybersecurity Grant Program;
``(D) any necessary modifications to the State and Local
Cybersecurity Grant Program; and
``(E) any progress made toward--
``(i) developing, implementing, or revising
Cybersecurity Plans; and
``(ii) reducing cybersecurity risks to, and
identifying, responding to, and recovering from
cybersecurity threats to, information systems owned or
operated by, or on behalf of, State, local, or Tribal
governments as a result of the award of grants under this
section.
``(3) Public availability.--
``(A) In general.--The Secretary, acting through the
Director, shall make each report submitted under paragraph (2)
publicly available, including by making each report available
on the website of the Agency.
``(B) Redactions.--In making each report publicly available
under subparagraph (A), the Director may make redactions that
the Director, in consultation with each eligible entity,
determines necessary to protect classified or other information
exempt from disclosure under section 552 of title 5, United
States Code (commonly referred to as the `Freedom of
Information Act').
``(4) Study of risk-based formulas.--
``(A) In general.--Not later than September 30, 2024, the
Secretary, acting through the Director, shall submit to the
appropriate committees of Congress a study and legislative
recommendations on the potential use of a risk-based formula
for apportioning funds under this section, including--
``(i) potential components that could be included in a
risk-based formula, including the potential impact of those
components on support for rural areas under this section;
``(ii) potential sources of data and information
necessary for the implementation of a risk-based formula;
``(iii) any obstacles to implementing a risk-based
formula, including obstacles that require a legislative
solution;
``(iv) if a risk-based formula were to be implemented
for fiscal year 2026, a recommended risk-based formula for
the State and Local Cybersecurity Grant Program; and
``(v) any other information that the Secretary, acting
through the Director, determines necessary to help Congress
understand the progress towards, and obstacles to,
implementing a risk-based formula.
``(B) Inapplicability of paperwork reduction act.--The
requirements of chapter 35 of title 44, United States Code
(commonly referred to as the `Paperwork Reduction Act'), shall
not apply to any action taken to carry out this paragraph.
``(5) Tribal cybersecurity needs report.--Not later than 2
years after the date of enactment of this section, the Secretary,
acting through the Director, shall submit to Congress a report
that--
``(A) describes the cybersecurity needs of Tribal
governments, which shall be determined in consultation with the
Secretary of the Interior and Tribal governments; and
``(B) includes any recommendations for addressing the
cybersecurity needs of Tribal governments, including any
necessary modifications to the State and Local Cybersecurity
Grant Program to better serve Tribal governments.
``(6) GAO review.--Not later than 3 years after the date of
enactment of this section, the Comptroller General of the United
States shall conduct a review of the State and Local Cybersecurity
Grant Program, including--
``(A) the grant selection process of the Secretary; and
``(B) a sample of grants awarded under this section.
``(r) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated for
activities under this section--
``(A) for fiscal year 2022, $200,000,000;
``(B) for fiscal year 2023, $400,000,000;
``(C) for fiscal year 2024, $300,000,000; and
``(D) for fiscal year 2025, $100,000,000.
``(2) Transfers authorized.--
``(A) In general.--During a fiscal year, the Secretary or
the head of any component of the Department that administers
the State and Local Cybersecurity Grant Program may transfer
not more than 5 percent of the amounts appropriated pursuant to
paragraph (1) or other amounts appropriated to carry out the
State and Local Cybersecurity Grant Program for that fiscal
year to an account of the Department for salaries, expenses,
and other administrative costs incurred for the management,
administration, or evaluation of this section.
``(B) Additional appropriations.--Any funds transferred
under subparagraph (A) shall be in addition to any funds
appropriated to the Department or the components described in
subparagraph (A) for salaries, expenses, and other
administrative costs.
``(s) Termination.--
``(1) In general.--Subject to paragraph (2), the requirements
of this section shall terminate on September 30, 2025.
``(2) Exception.--The reporting requirements under subsection
(q) shall terminate on the date that is 1 year after the date on
which the final funds from a grant under this section are expended
or returned.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135),
is amended by inserting after the item relating to section 2217 the
following:
``Sec. 2218. State and Local Cybersecurity Grant Program.''.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
SEC. 70701. VALUE FOR MONEY ANALYSIS.
(a) In General.--Notwithstanding any other provision of law, in the
case of a project described in subsection (b), the entity carrying out
the project shall, during the planning and project development process
and prior to signing any Project Development Agreement, conduct a value
for money analysis or comparable analysis of the project, which shall
include an evaluation of--
(1) the life-cycle cost and project delivery schedule;
(2) the costs of using public funding versus private financing
for the project;
(3) a description of the key assumptions made in developing the
analysis, including--
(A) an analysis of any Federal grants or loans and
subsidies received or expected (including tax depreciation
costs);
(B) the key terms of the proposed public-private
partnership agreement, if applicable (including the expected
rate of return for private debt and equity), and major
compensation events;
(C) a discussion of the benefits and costs associated with
the allocation of risk;
(D) the determination of risk premiums assigned to various
project delivery scenarios;
(E) assumptions about use, demand, and any user fee revenue
generated by the project; and
(F) any externality benefits for the public generated by
the project;
(4) a forecast of user fees and other revenues expected to be
generated by the project, if applicable; and
(5) any other information the Secretary of Transportation
determines to be appropriate.
(b) Project Described.--A project referred to in subsection (a) is
a transportation project--
(1) with an estimated total cost of more than $750,000,000;
(2) carried out--
(A) by a public entity that is a State, territory, Indian
Tribe, unit of local government, transit agency, port
authority, metropolitan planning organization, airport
authority, or other political subdivision of a State or local
government; and
(B) in a State in which there is in effect a State law
authorizing the use and implementation of public-private
partnerships for transportation projects; and
(3)(A) that intends to submit a letter of interest, or has
submitted a letter of interest after the date of enactment of this
Act, to be carried out with--
(i) assistance under the TIFIA program under chapter 6 of
title 23, United States Code; or
(ii) assistance under the Railroad Rehabilitation and
Improvement Financing Program of the Federal Railroad
Administration established under chapter 224 of title 49,
United States Code; and
(B) that is anticipated to generate user fees or other revenues
that could support the capital and operating costs of such project.
(c) Reporting Requirements.--
(1) Project reports.--For each project described in subsection
(b), the entity carrying out the project shall--
(A) include the results of the analysis under subsection
(a) on the website of the project; and
(B) submit the results of the analysis to the Build America
Bureau and the Secretary of Transportation.
(2) Report to congress.--The Secretary of Transportation, in
coordination with the Build America Bureau, shall, not later than 2
years after the date of enactment of this Act--
(A) compile the analyses submitted under paragraph (1)(B);
and
(B) submit to Congress a report that--
(i) includes the analyses submitted under paragraph
(1)(B);
(ii) describes--
(I) the use of private financing for projects
described in subsection (b); and
(II) the costs and benefits of conducting a value
for money analysis; and
(iii) identifies best practices for private financing
of projects described in subsection (b).
(d) Guidance.--The Secretary of Transportation, in coordination
with the Build America Bureau, shall issue guidance on performance
benchmarks, risk premiums, and expected rates of return on private
financing for projects described in subsection (b).
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
(a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m)
is amended--
(1) in paragraph (3), by inserting ``and any interagency
consultation'' after ``issued by an agency'';
(2) in paragraph (4), by striking ``means'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or successor
regulations).'';
(3) in paragraph (5), by striking ``Federal Infrastructure
Permitting Improvement Steering Council'' and inserting ``Federal
Permitting Improvement Steering Council'';
(4) in paragraph (6)(A)--
(A) in clause (ii), by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following:
``(iii) is--
``(I) subject to NEPA;
``(II) sponsored by an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)), an Alaska
Native Corporation, a Native Hawaiian organization (as
defined in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517)), the Department
of Hawaiian Home Lands, or the Office of Hawaiian
Affairs; and
``(III) located on land owned or under the
jurisdiction of the entity that sponsors the activity
under subclause (II); or''; and
(5) in paragraph (8), by striking ``means'' and all that
follows through the period at the end and inserting ``has the
meaning given the term in section 1508.1 of title 40, Code of
Federal Regulations (or successor regulations).''.
(b) Federal Permitting Improvement Steering Council.--Section 41002
of the FAST Act (42 U.S.C. 4370m-1) is amended--
(1) in the section heading, by striking ``federal permitting
improvement council'' and inserting ``federal permitting
improvement steering council'';
(2) in subsection (b)(2)(A)--
(A) in clause (i)--
(i) by striking ``Each'' and inserting the following:
``(I) In general.--Each''; and
(ii) by adding at the end the following:
``(II) Redesignation.--If an individual listed in
subparagraph (B) designates a different member to serve
on the Council than the member designated under
subclause (I), the individual shall notify the
Executive Director of the designation by not later than
30 days after the date on which the designation is
made.''; and
(B) in clause (iii)(II), by striking ``a deputy secretary
(or the equivalent) or higher'' and inserting ``the applicable
agency councilmember'';
(3) in subsection (c)--
(A) in paragraph (1)(C)(ii)--
(i) by striking subclause (I) and inserting the
following:
``(I) In general.--The performance schedules shall
reflect employment of the most sound and efficient
applicable processes, including the alignment of
Federal reviews of projects, reduction of permitting
and project delivery time, and consideration of the
best practices for public participation.'';
(ii) by redesignating subclause (II) as subclause
(III);
(iii) by inserting after subclause (I) the following:
``(II) Goal.--
``(aa) In general.--To the maximum extent
practicable, and consistent with applicable Federal
law, the Executive Director, in consultation with
the Council, shall aim to develop recommended
performance schedules under clause (i) of not more
than 2 years.
``(bb) Exception.--If a recommended performance
schedule developed under clause (i) exceeds 2
years, the relevant agencies, in consultation with
the Executive Director and the Council, shall
explain in that recommended performance schedule
the factors that cause the environmental reviews
and authorizations in that category of covered
projects to take longer than 2 years.''; and
(iv) in subclause (III)(bb) (as so redesignated), by
striking ``on the basis of data from the preceding 2
calendar years'' and inserting ``based on relevant
historical data, as determined by the Executive
Director,'';
(B) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by striking
``later than'' and all that follows through ``practices
for'' and inserting ``less frequently than annually, the
Council shall issue recommendations on the best practices
for improving the Federal permitting process for covered
projects, which may include'';
(ii) in clause (i)--
(I) by striking ``stakeholder engagement, including
fully considering'' and inserting ``stakeholder
engagement, including--
``(II) fully considering''; and
(II) by inserting before subclause (II) (as added
by subclause (I)) the following:
``(I) engaging with Native American stakeholders to
ensure that project sponsors and agencies identify
potential natural, archeological, and cultural
resources and locations of historic and religious
significance in the area of a covered project; and'';
(iii) in clause (vii), by striking ``and'' at the end;
(iv) by redesignating clause (viii) as clause (x); and
(v) by inserting after clause (vii) the following:
``(viii) in coordination with the Executive Director,
improving preliminary engagement with project sponsors in
developing coordinated project plans;
``(ix) using programmatic assessments, templates, and
other tools based on the best available science and data;
and''; and
(C) in paragraph (3)(A), by inserting ``, including agency
compliance with intermediate and final completion dates
described in coordinated project plans'' after
``authorizations''; and
(4) by striking subsection (d).
(c) Permitting Process Improvement.--Section 41003 of the FAST Act
(42 U.S.C. 4370m-2) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the following:
``(D) Confidentiality.--Any information relating to Native
American natural, cultural, and historical resources submitted
in a notice by a project sponsor under subparagraph (A) shall
be--
``(i) kept confidential; and
``(ii) exempt from the disclosure requirements under
section 552 of title 5, United States Code (commonly known
as the `Freedom of Information Act'), and the Federal
Advisory Committee Act (5 U.S.C. App.).'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``45 days'' and inserting ``21 calendar
days''; and
(ii) in subparagraph (B), by inserting ``14 calendar
day'' before ``deadline''; and
(C) in paragraph (3)(A), in the matter preceding clause
(i), by inserting ``and the Executive Director'' after ``as
applicable,'';
(2) in subsection (b)--
(A) in paragraph (2)(A), by adding at the end the
following:
``(iii) Projects other than covered projects.--
``(I) In general.--The Executive Director may
direct a lead agency to create a specific entry on the
Dashboard for a project that is not a covered project
and is under review by the lead agency if the Executive
Director determines that a Dashboard entry for that
project is in the interest of transparency.
``(II) Requirements.--Not later than 14 days after
the date on which the Executive Director directs the
lead agency to create a specific entry on the Dashboard
for a project described in subclause (I), the lead
agency shall create and maintain a specific entry on
the Dashboard for the project that contains--
``(aa) a comprehensive permitting timetable, as
described in subsection (c)(2)(A);
``(bb) the status of the compliance of each
lead agency, cooperating agency, and participating
agency with the permitting timetable required under
item (aa);
``(cc) any modifications of the permitting
timetable required under item (aa), including an
explanation as to why the permitting timetable was
modified; and
``(dd) information about project-related public
meetings, public hearings, and public comment
periods, which shall be presented in English and
the predominant language of the community or
communities most affected by the project, as that
information becomes available.''; and
(B) in paragraph (3)(A)--
(i) in clause (i)--
(I) in subclause (IV), by striking ``and'' at the
end;
(II) by redesignating subclause (V) as subclause
(VI);
(III) by inserting after subclause (IV) the
following:
``(V) information on the status of mitigation
measures that were agreed to as part of the
environmental review and permitting process, including
whether and when the mitigation measures have been
fully implemented; and''; and
(IV) in subclause (VI) (as so redesignated), by
striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant
language of the community or communities most affected by
the project, as that information becomes available.''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A), strike ``coordination'' and insert
``coordinated'';
(B) in subparagraph (D)(i)--
(i) by redesignating subclauses (I) through (III) as
subclauses (II) through (IV), respectively;
(ii) by inserting before subclause (II) (as so
redesignated) the following:
``(I) the facilitating or lead agency, as
applicable, consults with the Executive Director
regarding the potential modification not less than 15
days before engaging in the consultation under
subclause (II);''; and
(iii) in subclause (II) (as so redesignated), by
inserting ``, the Executive Director,'' after
``participating agencies''; and
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by inserting ``intermediate and final'' before
``completion dates''; and
(II) by inserting ``intermediate or final'' before
``completion date''; and
(ii) in clause (ii)--
(I) in the matter preceding subclause (I), by
striking ``a completion date for agency action on a
covered project or is at significant risk of failing to
conform with'' and inserting ``an intermediate or final
completion date for agency action on a covered project
or reasonably believes the agency will fail to conform
with a completion date 30 days before''; and
(II) in subclause (I), by striking ``significantly
risking failing to conform'' and inserting ``reasonably
believing the agency will fail to conform''.
(d) Coordination of Required Reviews.--Section 41005 of the FAST
Act (42 U.S.C. 4370m-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) where an environmental impact statement is required for a
project, prepare a single, joint interagency environmental impact
statement for the project unless the lead agency provides
justification in the coordinated project plan that multiple
environmental documents are more efficient for project review and
authorization.'';
(2) in subsection (b)--
(A) by striking ``(1) State environmental documents;
supplemental documents.--'';
(B) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(C) in paragraph (1) (as so redesignated)--
(i) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(ii) in subparagraph (A) (as so redesignated)--
(I) by striking ``State laws and procedures'' and
inserting ``the laws and procedures of a State or
Indian Tribe (as defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130))''; and
(II) by inserting ``developed pursuant to laws and
procedures of that State or Indian Tribe (as so
defined) that are of equal or greater rigor to each
applicable Federal law and procedure, and'' after
``Council on Environmental Quality,'';
(D) in paragraph (2) (as so redesignated), by striking
``subparagraph (A)'' each place it appears and inserting
``paragraph (1)'';
(E) in paragraph (3) (as so redesignated)--
(i) in the matter preceding clause (i), by striking
``subparagraph (A)'' and inserting ``paragraph (1)''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(F) in paragraph (4) (as so redesignated)--
(i) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``paragraph (3)''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(G) in paragraph (5) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``subparagraph (C)'' and inserting
``paragraph (3)'';
(3) in subsection (c)(4)--
(A) in the matter preceding subparagraph (A), by striking
``determines that the development of the higher level of detail
will not prevent--'' and inserting ``determines that--'';
(B) in subparagraph (A), by inserting ``the development of
the higher level of detail will not prevent'' before ``the lead
agency''; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) the preferred and other alternatives are developed in
sufficient detail to enable the public to comment on the
alternatives.'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Record of Decision.--When an environmental impact statement
is prepared, Federal agencies must, to the maximum extent practicable,
issue a record of decision not later than 90 days after the date on
which the final environmental impact statement is issued.''.
(e) Litigation, Judicial Review, and Savings Provision.--Section
41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``the action'' and inserting ``the
claim''; and
(ii) by striking ``of the final record of decision or
approval or denial of a permit'' and inserting ``of notice
of final agency action on the authorization''; and
(B) in subparagraph (B)(i), by striking ``the action'' and
inserting ``the claim''; and
(2) in subsection (e), in the matter preceding paragraph (1),
by striking ``this section'' and inserting ``this title''.
(f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is
amended by striking subsection (a) and inserting the following:
``(a) Reports to Congress.--
``(1) Executive director annual report.--
``(A) In general.--Not later than April 15 of each year for
10 years beginning on the date of enactment of the
Infrastructure Investment and Jobs Act, the Executive Director
shall submit to Congress a report detailing the progress
accomplished under this title during the previous fiscal year.
``(B) Opportunity to include comments.--Each councilmember,
with input from the respective agency CERPO, shall have the
opportunity to include comments concerning the performance of
the agency in the report described in subparagraph (A).
``(2) Quarterly agency performance report.--The Executive
Director shall submit to Congress a quarterly report evaluating
agency compliance with the provisions of this title, which shall
include a description of the implementation and adherence of each
agency to the coordinated project plan and permitting timetable
requirements under section 41003(c).
``(3) Agency best practices report.--Not later than April 15 of
each year, each participating agency and lead agency shall submit
to Congress and the Director of the Office of Management and Budget
a report assessing the performance of the agency in implementing
the best practices described in section 41002(c)(2)(B).''.
(g) Funding for Governance, Oversight, and Processing of
Environmental Reviews and Permits.--Section 41009 of the FAST Act (42
U.S.C. 4370m-8) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--For the purpose of carrying out this title, the
Executive Director, in consultation with the heads of the agencies
listed in section 41002(b)(2)(B) and with the guidance of the Director
of the Office of Management and Budget, may, after public notice and
opportunity for comment, issue regulations establishing a fee structure
for sponsors of covered projects to reimburse the United States for
reasonable costs incurred in conducting environmental reviews and
authorizations for covered projects.'';
(2) in subsection (b), by striking ``and 41003'' and inserting
``through 41008''; and
(3) in subsection (d)--
(A) in the subsection heading, by striking ``and
Permitting''; and
(B) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Availability.--Amounts in the Fund shall be available to
the Executive Director, without fiscal year limitation, solely for
the purposes of administering, implementing, and enforcing this
title, including the expenses of the Council, staffing of the
Office of the Executive Director, and support of the role of the
Council as a Federal center for permitting excellence, which may
include supporting interagency detailee and rotation opportunities,
advanced training, enhanced support for agency project managers,
and fora for sharing information and lessons learned.
``(3) Transfer.--For the purpose of carrying out this title,
the Executive Director, with the approval of the Director of the
Office of Management and Budget, may transfer amounts in the Fund
to other Federal agencies and State, Tribal, and local governments
to facilitate timely and efficient environmental reviews and
authorizations for covered projects and other projects under this
title, including direct reimbursement agreements with agency
CERPOs, reimbursable agreements, and approval and consultation
processes and staff for covered projects.''.
(h) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is
repealed.
(i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST
Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking
``councilmem-ber'' and inserting ``councilmember''.
(j) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking
the item relating to section 41002 and inserting the following:
``Sec. 41002. Federal Permitting Improvement Steering Council.''.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle A--Build America, Buy America
SEC. 70901. SHORT TITLE.
This subtitle may be cited as the ``Build America, Buy America
Act''.
PART I--BUY AMERICA SOURCING REQUIREMENTS
SEC. 70911. FINDINGS.
Congress finds that--
(1) the United States must make significant investments to
install, upgrade, or replace the public works infrastructure of the
United States;
(2) with respect to investments in the infrastructure of the
United States, taxpayers expect that their public works
infrastructure will be produced in the United States by American
workers;
(3) United States taxpayer dollars invested in public
infrastructure should not be used to reward companies that have
moved their operations, investment dollars, and jobs to foreign
countries or foreign factories, particularly those that do not
share or openly flout the commitments of the United States to
environmental, worker, and workplace safety protections;
(4) in procuring materials for public works projects, entities
using taxpayer-financed Federal assistance should give a
commonsense procurement preference for the materials and products
produced by companies and workers in the United States in
accordance with the high ideals embodied in the environmental,
worker, workplace safety, and other regulatory requirements of the
United States;
(5) common construction materials used in public works
infrastructure projects, including steel, iron, manufactured
products, non-ferrous metals, plastic and polymer-based products
(including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables), glass (including optic
glass), lumber, and drywall are not adequately covered by a
domestic content procurement preference, thus limiting the impact
of taxpayer purchases to enhance supply chains in the United
States;
(6) the benefits of domestic content procurement preferences
extend beyond economics;
(7) by incentivizing domestic manufacturing, domestic content
procurement preferences reinvest tax dollars in companies and
processes using the highest labor and environmental standards in
the world;
(8) strong domestic content procurement preference policies act
to prevent shifts in production to countries that rely on
production practices that are significantly less energy efficient
and far more polluting than those in the United States;
(9) for over 75 years, Buy America and other domestic content
procurement preference laws have been part of the United States
procurement policy, ensuring that the United States can build and
rebuild the infrastructure of the United States with high-quality
American-made materials;
(10) before the date of enactment of this Act, a domestic
content procurement preference requirement may not apply, may apply
only to a narrow scope of products and materials, or may be limited
by waiver with respect to many infrastructure programs, which
necessitates a review of such programs, including programs for
roads, highways, and bridges, public transportation, dams, ports,
harbors, and other maritime facilities, intercity passenger and
freight railroads, freight and intermodal facilities, airports,
water systems, including drinking water and wastewater systems,
electrical transmission facilities and systems, utilities,
broadband infrastructure, and buildings and real property;
(11) Buy America laws create demand for domestically produced
goods, helping to sustain and grow domestic manufacturing and the
millions of jobs domestic manufacturing supports throughout product
supply chains;
(12) as of the date of enactment of this Act, domestic content
procurement preference policies apply to all Federal Government
procurement and to various Federal-aid infrastructure programs;
(13) a robust domestic manufacturing sector is a vital
component of the national security of the United States;
(14) as more manufacturing operations of the United States have
moved offshore, the strength and readiness of the defense
industrial base of the United States has been diminished; and
(15) domestic content procurement preference laws--
(A) are fully consistent with the international obligations
of the United States; and
(B) together with the government procurements to which the
laws apply, are important levers for ensuring that United
States manufacturers can access the government procurement
markets of the trading partners of the United States.
SEC. 70912. DEFINITIONS.
In this part:
(1) Deficient program.--The term ``deficient program'' means a
program identified by the head of a Federal agency under section
70913(c).
(2) Domestic content procurement preference.--The term
``domestic content procurement preference'' means a requirement
that no amounts made available through a program for Federal
financial assistance may be obligated for a project unless--
(A) all iron and steel used in the project are produced in
the United States;
(B) the manufactured products used in the project are
produced in the United States; or
(C) the construction materials used in the project are
produced in the United States.
(3) Federal agency.--The term ``Federal agency'' means any
authority of the United States that is an ``agency'' (as defined in
section 3502 of title 44, United States Code), other than an
independent regulatory agency (as defined in that section).
(4) Federal financial assistance.--
(A) In general.--The term ``Federal financial assistance''
has the meaning given the term in section 200.1 of title 2,
Code of Federal Regulations (or successor regulations).
(B) Inclusion.--The term ``Federal financial assistance''
includes all expenditures by a Federal agency to a non-Federal
entity for an infrastructure project, except that it does not
include expenditures for assistance authorized under section
402, 403, 404, 406, 408, or 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a,
5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster
or emergency declared by the President under section 401 or
501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre
and post disaster or emergency response expenditures.
(5) Infrastructure.--The term ``infrastructure'' includes, at a
minimum, the structures, facilities, and equipment for, in the
United States--
(A) roads, highways, and bridges;
(B) public transportation;
(C) dams, ports, harbors, and other maritime facilities;
(D) intercity passenger and freight railroads;
(E) freight and intermodal facilities;
(F) airports;
(G) water systems, including drinking water and wastewater
systems;
(H) electrical transmission facilities and systems;
(I) utilities;
(J) broadband infrastructure; and
(K) buildings and real property.
(6) Produced in the united states.--The term ``produced in the
United States'' means--
(A) in the case of iron or steel products, that all
manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States;
(B) in the case of manufactured products, that--
(i) the manufactured product was manufactured in the
United States; and
(ii) the cost of the components of the manufactured
product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost
of all components of the manufactured product, unless
another standard for determining the minimum amount of
domestic content of the manufactured product has been
established under applicable law or regulation; and
(C) in the case of construction materials, that all
manufacturing processes for the construction material occurred
in the United States.
(7) Project.--The term ``project'' means the construction,
alteration, maintenance, or repair of infrastructure in the United
States.
SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the head of each Federal agency shall--
(1) submit to the Office of Management and Budget and to
Congress, including a separate notice to each appropriate
congressional committee, a report that identifies each Federal
financial assistance program for infrastructure administered by the
Federal agency; and
(2) publish in the Federal Register the report under paragraph
(1).
(b) Requirements.--In the report under subsection (a), the head of
each Federal agency shall, for each Federal financial assistance
program--
(1) identify all domestic content procurement preferences
applicable to the Federal financial assistance;
(2) assess the applicability of the domestic content
procurement preference requirements, including--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 603 of the Federal Water Pollution Control Act
(33 U.S.C. 1388);
(F) section 1452(a)(4) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4));
(G) section 5035 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3914);
(H) any domestic content procurement preference included in
an appropriations Act; and
(I) any other domestic content procurement preference in
Federal law (including regulations);
(3) provide details on any applicable domestic content
procurement preference requirement, including the purpose, scope,
applicability, and any exceptions and waivers issued under the
requirement; and
(4) include a description of the type of infrastructure
projects that receive funding under the program, including
information relating to--
(A) the number of entities that are participating in the
program;
(B) the amount of Federal funds that are made available for
the program for each fiscal year; and
(C) any other information the head of the Federal agency
determines to be relevant.
(c) List of Deficient Programs.--In the report under subsection
(a), the head of each Federal agency shall include a list of Federal
financial assistance programs for infrastructure identified under that
subsection for which a domestic content procurement preference
requirement--
(1) does not apply in a manner consistent with section 70914;
or
(2) is subject to a waiver of general applicability not limited
to the use of specific products for use in a specific project.
SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the head of each Federal agency shall ensure
that none of the funds made available for a Federal financial
assistance program for infrastructure, including each deficient
program, may be obligated for a project unless all of the iron, steel,
manufactured products, and construction materials used in the project
are produced in the United States.
(b) Waiver.--The head of a Federal agency that applies a domestic
content procurement preference under this section may waive the
application of that preference in any case in which the head of the
Federal agency finds that--
(1) applying the domestic content procurement preference would
be inconsistent with the public interest;
(2) types of iron, steel, manufactured products, or
construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory
quality; or
(3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.
(c) Written Justification.--Before issuing a waiver under
subsection (b), the head of the Federal agency shall--
(1) make publicly available in an easily accessible location on
a website designated by the Office of Management and Budget and on
the website of the Federal agency a detailed written explanation
for the proposed determination to issue the waiver; and
(2) provide a period of not less than 15 days for public
comment on the proposed waiver.
(d) Review of Waivers of General Applicability.--
(1) In general.--An existing general applicability waiver or a
general applicability waiver issued under subsection (b) shall be
reviewed every 5 years after the date on which the waiver is
issued.
(2) Review.--In conducting a review of a general applicability
waiver, the head of a Federal agency shall--
(A) publish in the Federal Register a notice that--
(i) describes the justification for a general
applicability waiver; and
(ii) requests public comments for a period of not less
than 30 days on the continued need for a general
applicability waiver; and
(B) publish in the Federal Register a determination on
whether to continue or discontinue the general applicability
waiver, taking into account the comments received in response
to the notice published under subparagraph (A).
(3) Limitation on the review of existing waivers of general
applicability.--For a period of 5 years beginning on the date of
enactment of this Act, paragraphs (1) and (2) shall not apply to
any product-specific general applicability waiver that was issued
more than 180 days before the date of enactment of this Act.
(e) Consistency With International Agreements.--This section shall
be applied in a manner consistent with United States obligations under
international agreements.
SEC. 70915. OMB GUIDANCE AND STANDARDS.
(a) Guidance.--The Director of the Office of Management and Budget
shall--
(1) issue guidance to the head of each Federal agency--
(A) to assist in identifying deficient programs under
section 70913(c); and
(B) to assist in applying new domestic content procurement
preferences under section 70914; and
(2) if necessary, amend subtitle A of title 2, Code of Federal
Regulations (or successor regulations), to ensure that domestic
content procurement preference requirements required by this part
or other Federal law are imposed through the terms and conditions
of awards of Federal financial assistance.
(b) Standards for Construction Materials.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue standards that define the term ``all
manufacturing processes'' in the case of construction materials.
(2) Considerations.--In issuing standards under paragraph (1),
the Director shall--
(A) ensure that the standards require that each
manufacturing process required for the manufacture of the
construction material and the inputs of the construction
material occurs in the United States; and
(B) take into consideration and seek to maximize the direct
and indirect jobs benefited or created in the production of the
construction material.
SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION
SUPPORTING DEPARTMENT OF TRANSPORTATION BUY AMERICA REQUIREMENTS.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States Code;
(C) section 22905(a) of title 49, United States Code;
(D) section 50101 of title 49, United States Code; and
(E) any other domestic content procurement preference for
an infrastructure project under the jurisdiction of the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(b) Technical Assistance Partnership.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall enter into a
technical assistance partnership with the Secretary of Commerce, acting
through the Director of the National Institute of Standards and
Technology--
(1) to ensure the development of a domestic supply base to
support intermodal transportation in the United States, such as
intercity high speed rail transportation, public transportation
systems, highway construction or reconstruction, airport
improvement projects, and other infrastructure projects under the
jurisdiction of the Secretary;
(2) to ensure compliance with Buy America laws that apply to a
project that receives assistance from the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, the Federal Aviation Administration, or
another office or modal administration of the Secretary of
Transportation;
(3) to encourage technologies developed with the support of and
resources from the Secretary to be transitioned into commercial
market and applications; and
(4) to establish procedures for consultation under subsection
(c).
(c) Consultation.--Before granting a written waiver under a Buy
America law, the Secretary shall consult with the Director of the
Hollings Manufacturing Extension Partnership regarding whether there is
a domestic entity that could provide the iron, steel, manufactured
product, or construction material that is the subject of the proposed
waiver.
(d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation, the
Committee on Banking, Housing, and Urban Affairs, the Committee on
Environment and Public Works, and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Oversight and
Reform of the House of Representatives a report that includes--
(1) a detailed description of the consultation procedures
developed under subsection (b)(4);
(2) a detailed description of each waiver requested under a Buy
America law in the preceding year that was subject to consultation
under subsection (c), and the results of the consultation;
(3) a detailed description of each waiver granted under a Buy
America law in the preceding year, including the type of waiver and
the reasoning for granting the waiver; and
(4) an update on challenges and gaps in the domestic supply
base identified in carrying out subsection (b)(1), including a list
of actions and policy changes the Secretary recommends be taken to
address those challenges and gaps.
SEC. 70917. APPLICATION.
(a) In General.--This part shall apply to a Federal financial
assistance program for infrastructure only to the extent that a
domestic content procurement preference as described in section 70914
does not already apply to iron, steel, manufactured products, and
construction materials.
(b) Savings Provision.--Nothing in this part affects a domestic
content procurement preference for a Federal financial assistance
program for infrastructure that is in effect and that meets the
requirements of section 70914.
(c) Limitation With Respect to Aggregates.--In this part--
(1) the term ``construction materials'' shall not include
cement and cementitious materials, aggregates such as stone, sand,
or gravel, or aggregate binding agents or additives; and
(2) the standards developed under section 70915(b)(1) shall not
include cement and cementitious materials, aggregates such as
stone, sand, or gravel, or aggregate binding agents or additives as
inputs of the construction material.
PART II--MAKE IT IN AMERICA
SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget (``Director''), acting through the Administrator for Federal
Procurement Policy and, in consultation with the Federal Acquisition
Regulatory Council, shall promulgate final regulations or other policy
or management guidance, as appropriate, to standardize and simplify how
Federal agencies comply with, report on, and enforce the Buy American
Act. The regulations or other policy or management guidance shall
include, at a minimum, the following:
(1) Guidelines for Federal agencies to determine, for the
purposes of applying sections 8302(a) and 8303(b)(3) of title 41,
United States Code, the circumstances under which the acquisition
of articles, materials, or supplies mined, produced, or
manufactured in the United States is inconsistent with the public
interest.
(2) Guidelines to ensure Federal agencies base determinations
of non-availability on appropriate considerations, including
anticipated project delays and lack of substitutable articles,
materials, and supplies mined, produced, or manufactured in the
United States, when making determinations of non-availability under
section 8302(a)(1) of title 41, United States Code.
(3)(A) Uniform procedures for each Federal agency to make
publicly available, in an easily identifiable location on the
website of the agency, and within the following time periods, the
following information:
(i) A written description of the circumstances in which the
head of the agency may waive the requirements of the Buy
American Act.
(ii) Each waiver made by the head of the agency within 30
days after making such waiver, including a justification with
sufficient detail to explain the basis for the waiver.
(B) The procedures established under this paragraph shall
ensure that the head of an agency, in consultation with the head of
the Made in America Office established under section 70923(a), may
limit the publication of classified information, trade secrets, or
other information that could damage the United States.
(4) Guidelines for Federal agencies to ensure that a project is
not disaggregated for purposes of avoiding the applicability of the
requirements under the Buy American Act.
(5) An increase to the price preferences for domestic end
products and domestic construction materials.
(6) Amending the definitions of ``domestic end product'' and
``domestic construction material'' to ensure that iron and steel
products are, to the greatest extent possible, made with domestic
components.
(b) Guidelines Relating to Waivers.--
(1) Inconsistency with public interest.--
(A) In general.--With respect to the guidelines developed
under subsection (a)(1), the Administrator shall seek to
minimize waivers related to contract awards that--
(i) result in a decrease in employment in the United
States, including employment among entities that
manufacture the articles, materials, or supplies; or
(ii) result in awarding a contract that would decrease
domestic employment.
(B) Covered employment.--For purposes of subparagraph (A),
employment refers to positions directly involved in the
manufacture of articles, materials, or supplies, and does not
include positions related to management, research and
development, or engineering and design.
(2) Assessment on use of dumped or subsidized foreign
products.--
(A) In general.--To the extent otherwise permitted by law,
before granting a waiver in the public interest to the
guidelines developed under subsection (a)(1) with respect to a
product sourced from a foreign country, a Federal agency shall
assess whether a significant portion of the cost advantage of
the product is the result of the use of dumped steel, iron, or
manufactured goods or the use of injuriously subsidized steel,
iron, or manufactured goods.
(B) Consultation.--The Federal agency conducting the
assessment under subparagraph (A) shall consult with the
International Trade Administration in making the assessment if
the agency considers such consultation to be helpful.
(C) Use of findings.--The Federal agency conducting the
assessment under subparagraph (A) shall integrate any findings
from the assessment into its waiver determination.
(c) Sense of Congress on Increasing Domestic Content
Requirements.--It is the sense of Congress that the Federal Acquisition
Regulatory Council should amend the Federal Acquisition Regulation to
increase the domestic content requirements for domestic end products
and domestic construction material to 75 percent, or, in the event of
no qualifying offers, 60 percent.
(d) Definition of End Product Manufactured in the United States.--
Not later than 1 year after the date of the enactment of this Act, the
Federal Acquisition Regulatory Council shall amend part 25 of the
Federal Acquisition Regulation to provide a definition for ``end
product manufactured in the United States,'' including guidelines to
ensure that manufacturing processes involved in production of the end
product occur domestically.
SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.
(a) Special Rules Relating to American Materials Required for
Public Use.--Section 8302 of title 41, United States Code, is amended
by adding at the end the following new subsection:
``(c) Special Rules.--The following rules apply in carrying out the
provisions of subsection (a):
``(1) Iron and steel manufactured in the united states.--For
purposes of this section, manufactured articles, materials, and
supplies of iron and steel are deemed manufactured in the United
States only if all manufacturing processes involved in the
production of such iron and steel, from the initial melting stage
through the application of coatings, occurs in the United States.
``(2) Limitation on exception for commercially available off-
the-shelf items.--Notwithstanding any law or regulation to the
contrary, including section 1907 of this title and the Federal
Acquisition Regulation, the requirements of this section apply to
all iron and steel articles, materials, and supplies.''.
(b) Production of Iron and Steel for Purposes of Contracts for
Public Works.--Section 8303 of title 41, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Rules.--
``(1) Production of iron and steel.--For purposes of this
section, manufactured articles, materials, and supplies of iron and
steel are deemed manufactured in the United States only if all
manufacturing processes involved in the production of such iron and
steel, from the initial melting stage through the application of
coatings, occurs in the United States.
``(2) Limitation on exception for commercially available off-
the-shelf items.--Notwithstanding any law or regulation to the
contrary, including section 1907 of this title and the Federal
Acquisition Regulation, the requirements of this section apply to
all iron and steel articles, materials, and supplies used in
contracts described in subsection (a).''.
(c) Annual Report.--Subsection (b) of section 8302 of title 41,
United States Code, is amended to read as follows:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the end of the
fiscal year during which the Build America, Buy America Act is
enacted, and annually thereafter for 4 years, the Director of the
Office of Management and Budget, in consultation with the
Administrator of General Services, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Reform of the House of Representatives a
report on the total amount of acquisitions made by Federal agencies
in the relevant fiscal year of articles, materials, or supplies
acquired from entities that mine, produce, or manufacture the
articles, materials, or supplies outside the United States.
``(2) Exception for intelligence community.--This subsection
does not apply to acquisitions made by an agency, or component of
an agency, that is an element of the intelligence community as
specified in, or designated under, section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).''.
(d) Definition.--Section 8301 of title 41, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Federal agency.--The term `Federal agency' has the
meaning given the term `executive agency' in section 133 of this
title.''.
(e) Conforming Amendments.--Title 41, United States Code, is
amended--
(1) in section 8302(a)--
(A) in paragraph (1)--
(i) by striking ``department or independent
establishment'' and inserting ``Federal agency''; and
(ii) by striking ``their acquisition to be inconsistent
with the public interest or their cost to be unreasonable''
and inserting ``their acquisition to be inconsistent with
the public interest, their cost to be unreasonable, or that
the articles, materials, or supplies of the class or kind
to be used, or the articles, materials, or supplies from
which they are manufactured, are not mined, produced, or
manufactured in the United States in sufficient and
reasonably available commercial quantities and of a
satisfactory quality''; and
(B) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304 of this title), or
a trade agreement or least developed country designation
described in subpart 25.400 of the Federal Acquisition
Regulation; and''; and
(2) in section 8303--
(A) in subsection (b)--
(i) by striking ``department or independent
establishment'' each place it appears and inserting
``Federal agency'';
(ii) by amending subparagraph (B) of paragraph (1) to
read as follows:
``(B) to any articles, materials, or supplies procured
pursuant to a reciprocal defense procurement memorandum of
understanding (as described in section 8304), or a trade
agreement or least developed country designation described in
subpart 25.400 of the Federal Acquisition Regulation; and'';
and
(iii) in paragraph (3)--
(I) in the heading, by striking ``Inconsistent with
public interest'' and inserting ``Waiver authority'';
and
(II) by striking ``their purchase to be
inconsistent with the public interest or their cost to
be unreasonable'' and inserting ``their acquisition to
be inconsistent with the public interest, their cost to
be unreasonable, or that the articles, materials, or
supplies of the class or kind to be used, or the
articles, materials, or supplies from which they are
manufactured, are not mined, produced, or manufactured
in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory
quality''; and
(B) in subsection (d), as redesignated by subsection (b)(1)
of this section, by striking ``department, bureau, agency, or
independent establishment'' each place it appears and inserting
``Federal agency''.
(f) Exclusion From Inflation Adjustment of Acquisition-Related
Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41,
United States Code, is amended by striking ``chapter 67'' and inserting
``chapters 67 and 83''.
SEC. 70923. MADE IN AMERICA OFFICE.
(a) Establishment.--The Director of the Office of Management and
Budget shall establish within the Office of Management and Budget an
office to be known as the ``Made in America Office''. The head of the
office shall be appointed by the Director of the Office of Management
and Budget (in this section referred to as the ``Made in America
Director'').
(b) Duties.--The Made in America Director shall have the following
duties:
(1) Maximize and enforce compliance with domestic preference
statutes.
(2) Develop and implement procedures to review waiver requests
or inapplicability requests related to domestic preference
statutes.
(3) Prepare the reports required under subsections (c) and (e).
(4) Ensure that Federal contracting personnel, financial
assistance personnel, and non-Federal recipients are regularly
trained on obligations under the Buy American Act and other agency-
specific domestic preference statutes.
(5) Conduct the review of reciprocal defense agreements
required under subsection (d).
(6) Ensure that Federal agencies, Federal financial assistance
recipients, and the Hollings Manufacturing Extension Partnership
partner with each other to promote compliance with domestic
preference statutes.
(7) Support executive branch efforts to develop and sustain a
domestic supply base to meet Federal procurement requirements.
(c) Office of Management and Budget Report.--Not later than 1 year
after the date of the enactment of this Act, the Director of the Office
of Management and Budget, working through the Made in America Director,
shall report to the relevant congressional committees on the extent to
which, in each of the three fiscal years prior to the date of enactment
of this Act, articles, materials, or supplies acquired by the Federal
Government were mined, produced, or manufactured outside the United
States. Such report shall include for each Federal agency the
following:
(1) A summary of total procurement funds expended on articles,
materials, and supplies mined, produced, or manufactured--
(A) inside the United States;
(B) outside the United States; and
(C) outside the United States--
(i) under each category of waiver under the Buy
American Act;
(ii) under each category of exception under such
chapter; and
(iii) for each country that mined, produced, or
manufactured such articles, materials, and supplies.
(2) For each fiscal year covered by the report--
(A) the dollar value of any articles, materials, or
supplies that were mined, produced, or manufactured outside the
United States, in the aggregate and by country;
(B) an itemized list of all waivers made under the Buy
American Act with respect to articles, materials, or supplies,
where available, and the country where such articles,
materials, or supplies were mined, produced, or manufactured;
(C) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such articles,
materials, or supplies outside the United States due to an
exception (that is not the micro-purchase threshold exception
described under section 8302(a)(2)(C) of title 41, United
States Code), the specific exception that was used to purchase
such articles, materials, or supplies; and
(D) if any articles, materials, or supplies were acquired
from entities that mine, produce, or manufacture such articles,
materials, or supplies outside the United States pursuant to a
reciprocal defense procurement memorandum of understanding (as
described in section 8304 of title 41, United States Code), or
a trade agreement or least developed country designation
described in subpart 25.400 of the Federal Acquisition
Regulation, a citation to such memorandum of understanding,
trade agreement, or designation.
(3) A description of the methods used by each Federal agency to
calculate the percentage domestic content of articles, materials,
and supplies mined, produced, or manufactured in the United States.
(d) Review of Reciprocal Defense Agreements.--
(1) Review of process.--Not later than 180 days after the date
of the enactment of this Act, the Made in America Director shall
review the Department of Defense's use of reciprocal defense
agreements to determine if domestic entities have equal and
proportional access and report the findings of the review to the
Director of the Office of Management and Budget, the Secretary of
Defense, and the Secretary of State.
(2) Review of reciprocal procurement memoranda of
understanding.--The Made in America Director shall review
reciprocal procurement memoranda of understanding entered into
after the date of the enactment of this Act between the Department
of Defense and its counterparts in foreign governments to assess
whether domestic entities will have equal and proportional access
under the memoranda of understanding and report the findings of the
review to the Director of the Office of Management and Budget, the
Secretary of Defense, and the Secretary of State.
(e) Report on Use of Made in America Laws.--The Made in America
Director shall submit to the relevant congressional committees a
summary of each report on the use of Made in America Laws received by
the Made in America Director pursuant to section 11 of Executive Order
14005, dated January 25, 2021 (relating to ensuring the future is made
in all of America by all of America's workers) not later than 90 days
after the date of the enactment of this Act or receipt of the reports
required under section 11 of such Executive Order, whichever is later.
(f) Domestic Preference Statute Defined.--In this section, the term
``domestic preference statute'' means any of the following:
(1) the Buy American Act;
(2) a Buy America law (as that term is defined in section
70916(a));
(3) the Berry Amendment;
(4) section 604 of the American Recovery and Reinvestment Act
of 2009 (6 U.S.C. 453b) (commonly referred to as the ``Kissell
amendment'');
(5) section 2533b of title 10 (commonly referred to as the
``specialty metals clause'');
(6) laws requiring domestic preference for maritime transport,
including the Merchant Marine Act, 1920 (Public Law 66-261),
commonly known as the ``Jones Act''; and
(7) any other law, regulation, rule, or executive order
relating to Federal financial assistance awards or Federal
procurement, that requires, or provides a preference for, the
purchase or acquisition of goods, products, or materials produced
in the United States, including iron, steel, construction material,
and manufactured goods offered in the United States.
SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES.
(a) Use of Hollings Manufacturing Extension Partnership to Refer
New Businesses to Contracting Opportunities.--The head of each Federal
agency shall work with the Director of the Hollings Manufacturing
Extension Partnership, as necessary, to ensure businesses participating
in this Partnership are aware of their contracting opportunities.
(b) Automatic Enrollment in GSA Advantage!.--The Administrator of
the General Services Administration and the Secretary of Commerce,
acting through the Under Secretary of Commerce for Standards and
Technology, shall jointly ensure that each business that participates
in the Hollings Manufacturing Extension Partnership is automatically
enrolled in General Services Administration Advantage!.
SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.
This part, and the amendments made by this part, shall be applied
in a manner consistent with United States obligations under
international agreements.
SEC. 70926. DEFINITIONS.
In this part:
(1) Berry amendment.--The term ``Berry Amendment'' means
section 2533a of title 10, United States Code.
(2) Buy american act.--The term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``executive agency'' in section 133 of title
41, United States Code.
(4) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public Works,
the Committee on Banking, Housing, and Urban Affairs, and the
Committee on Armed Services of the Senate; and
(B) the Committee on Oversight and Reform, the Committee on
Armed Services, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Waiver.--The term ``waiver'', with respect to the
acquisition of an article, material, or supply for public use,
means the inapplicability of chapter 83 of title 41, United States
Code, to the acquisition by reason of any of the following
determinations under section 8302(a)(1) or 8303(b) of such title:
(A) A determination by the head of the Federal agency
concerned that the acquisition is inconsistent with the public
interest.
(B) A determination by the head of the Federal agency
concerned that the cost of the acquisition is unreasonable.
(C) A determination by the head of the Federal agency
concerned that the article, material, or supply is not mined,
produced, or manufactured in the United States in sufficient
and reasonably available commercial quantities of a
satisfactory quality.
SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) Specialty Metals Clause Reference.--Section 70923(f)(5) is
amended by striking ``section 2533b'' and inserting ``section 4863''.
(b) Berry Amendment Reference.--Section 70926(1) is amended by
striking ``section 2533a'' and inserting ``section 4862''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022.
Subtitle B--BuyAmerican.gov
SEC. 70931. SHORT TITLE.
This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''.
SEC. 70932. DEFINITIONS.
In this subtitle:
(1) Buy american law.--The term ``Buy American law'' means any
law, regulation, Executive order, or rule relating to Federal
contracts, grants, or financial assistance that requires or
provides a preference for the purchase or use of goods, products,
or materials mined, produced, or manufactured in the United States,
including--
(A) chapter 83 of title 41, United States Code (commonly
referred to as the ``Buy American Act'');
(B) section 5323(j) of title 49, United States Code;
(C) section 313 of title 23, United States Code;
(D) section 50101 of title 49, United States Code;
(E) section 24405 of title 49, United States Code;
(F) section 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1388);
(G) section 1452(a)(4) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4));
(H) section 5035 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3914);
(I) section 2533a of title 10, United States Code (commonly
referred to as the ``Berry Amendment''); and
(J) section 2533b of title 10, United States Code.
(2) Executive agency.--The term ``executive agency'' has the
meaning given the term ``agency'' in paragraph (1) of section 3502
of title 44, United States Code, except that it does not include an
independent regulatory agency, as that term is defined in paragraph
(5) of such section.
(3) Buy american waiver.--The term ``Buy American waiver''
refers to an exception to or waiver of any Buy American law, or the
terms and conditions used by an agency in granting an exception to
or waiver from Buy American laws.
SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
It is the sense of Congress that--
(1) every executive agency should maximize, through terms and
conditions of Federal financial assistance awards and Federal
procurements, the use of goods, products, and materials produced in
the United States and contracts for outsourced government service
contracts to be performed by United States nationals;
(2) every executive agency should scrupulously monitor,
enforce, and comply with Buy American laws, to the extent they
apply, and minimize the use of waivers; and
(3) every executive agency should use available data to
routinely audit its compliance with Buy American laws.
SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.
Not later than 150 days after the date of the enactment of this
Act, the Secretary of Commerce, the United States Trade Representative,
and the Director of the Office of Management and Budget shall assess
the impacts in a publicly available report of all United States free
trade agreements, the World Trade Organization Agreement on Government
Procurement, and Federal permitting processes on the operation of Buy
American laws, including their impacts on the implementation of
domestic procurement preferences.
SEC. 70935. JUDICIOUS USE OF WAIVERS.
(a) In General.--To the extent permitted by law, a Buy American
waiver that is determined by an agency head or other relevant official
to be in the public interest shall be construed to ensure the maximum
utilization of goods, products, and materials produced in the United
States.
(b) Public Interest Waiver Determinations.--To the extent permitted
by law, determination of public interest waivers shall be made by the
head of the agency with the authority over the Federal financial
assistance award or Federal procurement under consideration.
SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of General Services shall
establish an Internet website with the address BuyAmerican.gov that
will be publicly available and free to access. The website shall
include information on all waivers of and exceptions to Buy American
laws since the date of the enactment of this Act that have been
requested, are under consideration, or have been granted by executive
agencies and be designed to enable manufacturers and other interested
parties to easily identify waivers. The website shall also include the
results of routine audits to determine data errors and Buy American law
violations after the award of a contract. The website shall provide
publicly available contact information for the relevant contracting
agencies.
(b) Utilization of Existing Website.--The requirements of
subsection (a) may be met by utilizing an existing website, provided
that the address of that website is BuyAmerican.gov.
SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.
(a) Collection of Information.--The Administrator of General
Services, in consultation with the heads of relevant agencies, shall
develop a mechanism to collect information on requests to invoke a Buy
American waiver for a Federal contract, utilizing existing reporting
requirements whenever possible, for purposes of providing early notice
of possible waivers via the website established under section 70936.
(b) Waiver Transparency and Streamlining.--
(1) Requirement.--Prior to granting a request to waive a Buy
American law, the head of an executive agency shall submit a
request to invoke a Buy American waiver to the Administrator of
General Services, and the Administrator of General Services shall
make the request available on or through the public website
established under section 70936 for public comment for not less
than 15 days.
(2) Exception.--The requirement under paragraph (1) does not
apply to a request for a Buy American waiver to satisfy an urgent
contracting need in an unforeseen and exigent circumstance.
(c) Information Available to the Executive Agency Concerning the
Request.--
(1) Requirement.--No Buy American waiver for purposes of
awarding a contract may be granted if, in contravention of
subsection (b)--
(A) information about the waiver was not made available on
the website under section 70936; or
(B) no opportunity for public comment concerning the
request was granted.
(2) Scope.--Information made available to the public concerning
the request included on the website described in section 70936
shall properly and adequately document and justify the statutory
basis cited for the requested waiver. Such information shall
include--
(A) a detailed justification for the use of goods,
products, or materials mined, produced, or manufactured outside
the United States;
(B) for requests citing unreasonable cost as the statutory
basis of the waiver, a comparison of the cost of the domestic
product to the cost of the foreign product or a comparison of
the overall cost of the project with domestic products to the
overall cost of the project with foreign-origin products or
services, pursuant to the requirements of the applicable Buy
American law, except that publicly available cost comparison
data may be provided in lieu of proprietary pricing
information;
(C) for requests citing the public interest as the
statutory basis for the waiver, a detailed written statement,
which shall include all appropriate factors, such as potential
obligations under international agreements, justifying why the
requested waiver is in the public interest; and
(D) a certification that the procurement official or
assistance recipient made a good faith effort to solicit bids
for domestic products supported by terms included in requests
for proposals, contracts, and nonproprietary communications
with the prime contractor.
(d) Nonavailability Waivers.--
(1) In general.--Except as provided under paragraph (2), for a
request citing nonavailability as the statutory basis for a Buy
American waiver, an executive agency shall provide an explanation
of the procurement official's efforts to procure a product from a
domestic source and the reasons why a domestic product was not
available from a domestic source. Those explanations shall be made
available on BuyAmerican.gov prior to the issuance of the waiver,
and the agency shall consider public comments regarding the
availability of the product before making a final determination.
(2) Exception.--An explanation under paragraph (1) is not
required for a product the nonavailability of which is established
by law or regulation.
SEC. 70938. COMPTROLLER GENERAL REPORT.
Not later than two years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report describing the implementation of this subtitle,
including recommendations for any legislation to improve the collection
and reporting of information regarding waivers of and exceptions to Buy
American laws.
SEC. 70939. RULES OF CONSTRUCTION.
(a) Disclosure Requirements.--Nothing in this subtitle shall be
construed as preempting, superseding, or otherwise affecting the
application of any disclosure requirement or requirements otherwise
provided by law or regulation.
(b) Establishment of Successor Information Systems.--Nothing in
this subtitle shall be construed as preventing or otherwise limiting
the ability of the Administrator of General Services to move the data
required to be included on the website established under subsection (a)
to a successor information system. Any such information system shall
include a reference to BuyAmerican.gov.
SEC. 70940. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.
This subtitle shall be applied in a manner consistent with United
States obligations under international agreements.
SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
(a) In General.--Section 70932(1) is amended--
(1) in subparagraph (I), by striking ``section 2533a'' and
inserting ``section 4862''; and
(2) in subparagraph (J), by striking ``section 2533b'' and
inserting ``section 4863''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2022.
Subtitle C--Make PPE in America
SEC. 70951. SHORT TITLE.
This subtitle may be cited as the ``Make PPE in America Act''.
SEC. 70952. FINDINGS.
Congress makes the following findings:
(1) The COVID-19 pandemic has exposed the vulnerability of the
United States supply chains for, and lack of domestic production
of, personal protective equipment (PPE).
(2) The United States requires a robust, secure, and wholly
domestic PPE supply chain to safeguard public health and national
security.
(3) Issuing a strategy that provides the government's
anticipated needs over the next three years will enable suppliers
to assess what changes, if any, are needed in their manufacturing
capacity to meet expected demands.
(4) In order to foster a domestic PPE supply chain, United
States industry needs a strong and consistent demand signal from
the Federal Government providing the necessary certainty to expand
production capacity investment in the United States.
(5) In order to effectively incentivize investment in the
United States and the re-shoring of manufacturing, long-term
contracts must be no shorter than three years in duration.
(6) To accomplish this aim, the United States should seek to
ensure compliance with its international obligations, such as its
commitments under the World Trade Organization's Agreement on
Government Procurement and its free trade agreements, including by
invoking any relevant exceptions to those agreements, especially
those related to national security and public health.
(7) The United States needs a long-term investment strategy for
the domestic production of PPE items critical to the United States
national response to a public health crisis, including the COVID-19
pandemic.
SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY
MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Health, Education, Labor, and
Pensions, the Committee on Finance, and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Oversight and Reform, the Committee on Energy and Commerce, the
Committee on Ways and Means, and the Committee on Veterans'
Affairs of the House of Representatives.
(2) Covered secretary.--The term ``covered Secretary'' means
the Secretary of Homeland Security, the Secretary of Health and
Human Services, and the Secretary of Veterans Affairs.
(3) Personal protective equipment.--The term ``personal
protective equipment'' means surgical masks, respirator masks and
powered air purifying respirators and required filters, face
shields and protective eyewear, gloves, disposable and reusable
surgical and isolation gowns, head and foot coverings, and other
gear or clothing used to protect an individual from the
transmission of disease.
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, and the possessions of the United
States.
(b) Contract Requirements for Domestic Production.--Beginning 90
days after the date of the enactment of this Act, in order to ensure
the sustainment and expansion of personal protective equipment
manufacturing in the United States and meet the needs of the current
pandemic response, any contract for the procurement of personal
protective equipment entered into by a covered Secretary, or a covered
Secretary's designee, shall--
(1) be issued for a duration of at least 2 years, plus all
option periods necessary, to incentivize investment in the
production of personal protective equipment and the materials and
components thereof in the United States; and
(2) be for personal protective equipment, including the
materials and components thereof, that is grown, reprocessed,
reused, or produced in the United States.
(c) Alternatives to Domestic Production.--The requirement under
subsection (b) shall not apply to an item of personal protective
equipment, or component or material thereof if, after maximizing to the
extent feasible sources consistent with subsection (b), the covered
Secretary--
(1) maximizes sources for personal protective equipment that is
assembled outside the United States containing only materials and
components that are grown, reprocessed, reused, or produced in the
United States; and
(2) certifies every 120 days that it is necessary to procure
personal protective equipment under alternative procedures to
respond to the immediate needs of a public health emergency.
(d) Availability Exception.--
(1) In general.--Subsections (b) and (c) shall not apply to an
item of personal protective equipment, or component or material
thereof--
(A) that is, or that includes, a material listed in section
25.104 of the Federal Acquisition Regulation as one for which a
non-availability determination has been made; or
(B) as to which the covered Secretary determines that a
sufficient quantity of a satisfactory quality that is grown,
reprocessed, reused, or produced in the United States cannot be
procured as, and when, needed at United States market prices.
(2) Certification requirement.--The covered Secretary shall
certify every 120 days that the exception under paragraph (1) is
necessary to meet the immediate needs of a public health emergency.
(e) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the covered Secretaries, shall submit
to the chairs and ranking members of the appropriate congressional
committees a report on the procurement of personal protective
equipment.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) The United States long-term domestic procurement
strategy for PPE produced in the United States, including
strategies to incentivize investment in and maintain United
States supply chains for all PPE sufficient to meet the needs
of the United States during a public health emergency.
(B) An estimate of long-term demand quantities for all PPE
items procured by the United States.
(C) Recommendations for congressional action required to
implement the United States Government's procurement strategy.
(D) A determination whether all notifications, amendments,
and other necessary actions have been completed to bring the
United States existing international obligations into
conformity with the statutory requirements of this subtitle.
(f) Authorization of Transfer of Equipment.--
(1) In general.--A covered Secretary may transfer to the
Strategic National Stockpile established under section 319F-2 of
the Public Health Service Act (42 U.S.C. 247d-6b) any excess
personal protective equipment acquired under a contract executed
pursuant to subsection (b).
(2) Transfer of equipment during a public health emergency.--
(A) Amendment.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following:
``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.
``(a) Authorization of Transfer of Equipment.--During a public
health emergency declared by the Secretary of Health and Human Services
under section 319(a) of the Public Health Service Act (42 U.S.C.
247d(a)), the Secretary, at the request of the Secretary of Health and
Human Services, may transfer to the Department of Health and Human
Services, on a reimbursable basis, excess personal protective equipment
or medically necessary equipment in the possession of the Department.
``(b) Determination by Secretaries.--
``(1) In general.--In carrying out this section--
``(A) before requesting a transfer under subsection (a),
the Secretary of Health and Human Services shall determine
whether the personal protective equipment or medically
necessary equipment is otherwise available; and
``(B) before initiating a transfer under subsection (a),
the Secretary, in consultation with the heads of each component
within the Department, shall--
``(i) determine whether the personal protective
equipment or medically necessary equipment requested to be
transferred under subsection (a) is excess equipment; and
``(ii) certify that the transfer of the personal
protective equipment or medically necessary equipment will
not adversely impact the health or safety of officers,
employees, or contractors of the Department.
``(2) Notification.--The Secretary of Health and Human Services
and the Secretary shall each submit to Congress a notification
explaining the determination made under subparagraphs (A) and (B),
respectively, of paragraph (1).
``(3) Required inventory.--
``(A) In general.--The Secretary shall--
``(i) acting through the Chief Medical Officer of the
Department, maintain an inventory of all personal
protective equipment and medically necessary equipment in
the possession of the Department; and
``(ii) make the inventory required under clause (i)
available, on a continual basis, to--
``(I) the Secretary of Health and Human Services;
and
``(II) the Committee on Appropriations and the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Appropriations and
the Committee on Homeland Security of the House of
Representatives.
``(B) Form.--Each inventory required to be made available
under subparagraph (A) shall be submitted in unclassified form,
but may include a classified annex.''.
(B) Table of contents amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended by inserting after the item
relating to section 528 the following:
``Sec. 529. Transfer of equipment during a public health emergency.''.
(3) Strategic national stockpile.--Section 319F-2(a) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by
adding at the end the following:
``(6) Transfers of items.--The Secretary, in coordination with
the Secretary of Homeland Security, may sell drugs, vaccines and
other biological products, medical devices, or other supplies
maintained in the stockpile under paragraph (1) to a Federal agency
or private, nonprofit, State, local, tribal, or territorial entity
for immediate use and distribution, provided that any such items
being sold are--
``(A) within 1 year of their expiration date; or
``(B) determined by the Secretary to no longer be needed in
the stockpile due to advances in medical or technical
capabilities.''.
(g) Compliance With International Agreements.--The President or the
President's designee shall take all necessary steps, including invoking
the rights of the United States under Article III of the World Trade
Organization's Agreement on Government Procurement and the relevant
exceptions of other relevant agreements to which the United States is a
party, to ensure that the international obligations of the United
States are consistent with the provisions of this subtitle.
TITLE X--ASSET CONCESSIONS
SEC. 71001. ASSET CONCESSIONS.
(a) Establishment of Program.--
(1) In general.--Chapter 6 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 611. Asset concessions and innovative finance assistance
``(a) Definitions.--In this section:
``(1) Approved infrastructure asset.--The term `approved
infrastructure asset' means--
``(A) a project (as defined in section 601(a)); and
``(B) a group of projects (as defined in section 601(a))
considered together in a single asset concession or long-term
lease to a concessionaire by 1 or more eligible entities.
``(2) Asset concession.--The term `asset concession' means a
contract between an eligible entity and a concessionaire--
``(A) under which--
``(i) the eligible entity agrees to enter into a
concession agreement or long-term lease with the
concessionaire relating to an approved infrastructure asset
owned, controlled, or maintained by the eligible entity;
``(ii) as consideration for the agreement or lease
described in clause (i), the concessionaire agrees--
``(I) to provide to the eligible entity 1 or more
asset concession payments; and
``(II) to maintain or exceed the condition,
performance, and service level of the approved
infrastructure asset, as compared to that condition,
performance, and service level on the date of execution
of the agreement or lease; and
``(iii) the eligible entity and the concessionaire
agree that the costs for a fiscal year of the agreement or
lease, and any project carried out under the agreement or
lease, shall not be shifted to any taxpayer the annual
household income of whom is less than $400,000 per year,
including through taxes, user fees, tolls, or any other
measure, for use of an approved infrastructure asset; and
``(B) the terms of which do not include any noncompete or
exclusivity restriction (or any other, similar restriction) on
the approval of another project.
``(3) Asset concession payment.--The term `asset concession
payment' means a payment that--
``(A) is made by a concessionaire to an eligible entity for
fair market value that is determined as part of the asset
concession; and
``(B) may be--
``(i) a payment made at the financial close of an asset
concession; or
``(ii) a series of payments scheduled to be made for--
``(I) a fixed period; or
``(II) the term of an asset concession.
``(4) Concessionaire.--The term `concessionaire' means a
private individual or a private or publicly chartered corporation
or entity that enters into an asset concession with an eligible
entity.
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity' means an
entity described in subparagraph (B) that--
``(i) owns, controls, or maintains an approved
infrastructure asset; and
``(ii) has the legal authority to enter into a contract
to transfer ownership, maintenance, operations, revenues,
or other benefits and responsibilities for an approved
infrastructure asset.
``(B) Entities described.--An entity referred to in
subparagraph (A) is any of the following:
``(i) A State.
``(ii) A Tribal government.
``(iii) A unit of local government.
``(iv) An agency or instrumentality of a State, Tribal
government, or unit of local government.
``(v) A special purpose district or public authority.
``(b) Establishment.--The Secretary shall establish a program to
facilitate access to expert services for, and to provide grants to,
eligible entities to enhance the technical capacity of eligible
entities to facilitate and evaluate public-private partnerships in
which the private sector partner could assume a greater role in project
planning, development, financing, construction, maintenance, and
operation, including by assisting eligible entities in entering into
asset concessions.
``(c) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Eligible Activities.--
``(1) Technical assistance grants.--An eligible entity may use
amounts made available from a grant under this section for
technical assistance to build the organizational capacity of the
eligible entity to develop, review, or enter into an asset
concession, including for--
``(A) identifying appropriate assets or projects for asset
concessions;
``(B) soliciting and negotiating asset concessions,
including hiring staff in public agencies;
``(C) conducting a value-for-money analysis, or a
comparable analysis, to evaluate the comparative benefits of
asset concessions and public debt or other procurement methods;
``(D) evaluating options for the structure and use of asset
concession payments;
``(E) evaluating and publicly presenting the risks and
benefits of all contract provisions for the purpose of
transparency and accountability;
``(F) identifying best practices to protect the public
interest and priorities;
``(G) identifying best practices for managing
transportation demand and mobility along a corridor, including
through provisions of the asset concession, to facilitate
transportation demand management strategies along the corridor
that is subject to the asset concession; and
``(H) integrating and coordinating pricing, data, and fare
collection with other regional operators that exist or may be
developed.
``(2) Expert services.--An eligible entity seeking to leverage
public and private funding in connection with the development of an
early-stage approved infrastructure asset, including in the
development of alternative approaches to project delivery or
procurement, may use amounts made available from a grant under this
section to retain the services of an expert firm to provide to the
eligible entity direct project level assistance, which services may
include--
``(A) project planning, feasibility studies, revenue
forecasting, economic assessments and cost-benefit analyses,
public benefit studies, value-for-money analyses, business case
development, lifecycle cost analyses, risk assessment,
financing and funding options analyses, procurement
alternatives analyses, statutory and regulatory framework
analyses and other pre-procurement and pre-construction
activities;
``(B) financial and legal planning (including the
identification of statutory authorization, funding, and
financing options);
``(C) early assessment of permitting, environmental review,
and regulatory processes and costs; and
``(D) assistance with entering into an asset concession.
``(e) Distribution.--
``(1) Maximum amount.--
``(A) Technical assistance grants.--The maximum amount of a
technical assistance grant under subsection (d)(1) shall be
$2,000,000.
``(B) Expert services.--The maximum amount of the value of
expert services retained by an eligible entity under subsection
(d)(2) shall be $2,000,000.
``(2) Cost sharing.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of an activity carried out under
this section may be up to 100 percent.
``(B) Certain projects.--If the amount of the grant
provided to an eligible entity under this section is more than
$1,000,000, the Federal share of the cost of an activity
carried out using grant amounts in excess of $1,000,000 shall
be 50 percent.
``(3) Statewide maximum.--The aggregate amount made available
under this section to eligible entities within a State shall not
exceed, on a cumulative basis for all eligible entities within the
State during any 3-year period, $4,000,000.
``(f) Requirements.--
``(1) In general.--The Secretary shall ensure that, as a
condition of receiving a grant under this section, for any asset
concession for which the grant provides direct assistance--
``(A) the asset concession shall not prohibit, discourage,
or make it more difficult for an eligible entity to construct
new infrastructure, to provide or expand transportation
services, or to manage associated infrastructure in publicly
beneficial ways, along a transportation corridor or in the
proximity of a transportation facility that was a part of the
asset concession;
``(B) the eligible entity shall have adopted binding rules
to publish all major business terms of the proposed asset
concession not later than the date that is 30 days before
entering into the asset concession, to enable public review,
including a certification of public interest based on the
results of an assessment under subparagraph (D);
``(C) the asset concession shall not result in
displacement, job loss, or wage reduction for the existing
workforce of the eligible entity or other public entities;
``(D) the eligible entity or the concessionaire shall carry
out a value-for-money analysis, or similar assessment, to
compare the aggregate costs and benefits to the eligible entity
of the asset concession against alternative options to
determine whether the asset concession generates additional
public benefits and serves the public interest;
``(E) the full amount of any asset concession payment
received by the eligible entity under the asset concession,
less any amount paid for transaction costs relating to the
asset concession, shall be used to pay infrastructure costs of
the eligible entity; and
``(F) the terms of the asset concession shall not result in
any increase in costs under the asset concession being shifted
to taxpayers the annual household income of whom is less than
$400,000 per year, including through taxes, user fees, tolls,
or any other measure, for use of an approved infrastructure
asset.
``(2) Audit.--Not later than 3 years after the date on which an
eligible entity enters into an asset concession as a result of a
grant under this section--
``(A) the eligible entity shall hire an independent auditor
to evaluate the performance of the concessionaire based on the
requirements described in paragraph (1); and
``(B) the independent auditor shall submit to the eligible
entity, and make publicly available, a report describing the
results of the audit under subparagraph (A).
``(3) Treatment.--Unless otherwise provided under paragraph
(1), the Secretary shall not, as a condition of receiving a grant
under this section, prohibit or otherwise prevent an eligible
entity from entering into, or receiving any asset concession
payment under, an asset concession for an approved infrastructure
asset owned, controlled, or maintained by the eligible entity.
``(4) Applicability of federal laws.--Nothing in this section
exempts a concessionaire or an eligible entity from a compliance
obligation with respect to any applicable Federal or State law that
would otherwise apply to the concessionaire, the eligible entity,
or an approved infrastructure asset.
``(g) Funding.--
``(1) In general.--On October 1, 2021, and on each October 1
thereafter through October 1, 2025, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this section
$20,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be entitled
to receive, shall accept, and shall use to carry out this section
the funds transferred under paragraph (1), without further
appropriation.''.
(2) Clerical amendment.--The analysis for chapter 6 of title
23, United States Code, is amended by adding at the end the
following:
``611. Asset concessions and innovative finance assistance.''.
(b) Asset Recycling Report.--Not later than August 1, 2024, the
Secretary shall submit to Congress a report that includes--
(1) an analysis of any impediments in applicable laws,
regulations, and practices to increased use of public-private
partnerships and private investment in transportation improvements;
and
(2) proposals for approaches that address those impediments
while continuing to protect the public interest and any public
investment in transportation improvements.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
SEC. 71101. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Alternative fuel.--The term `alternative fuel' means
liquefied natural gas, compressed natural gas, hydrogen, propane,
or biofuels.
``(3) Clean school bus.--The term `clean school bus' means a
school bus that--
``(A) the Administrator certifies reduces emissions and is
operated entirely or in part using an alternative fuel; or
``(B) is a zero-emission school bus.
``(4) Eligible contractor.--The term `eligible contractor'
means a contractor that is a for-profit, not-for-profit, or
nonprofit entity that has the capacity--
``(A) to sell clean school buses, zero-emission school
buses, charging or fueling infrastructure, or other equipment
needed to charge, fuel, or maintain clean school buses or zero-
emission school buses, to individuals or entities that own a
school bus or a fleet of school buses; or
``(B) to arrange financing for such a sale.
``(5) Eligible recipient.--
``(A) In general.--Subject to subparagraph (B), the term
`eligible recipient' means--
``(i) 1 or more local or State governmental entities
responsible for--
``(I) providing school bus service to 1 or more
public school systems; or
``(II) the purchase of school buses;
``(ii) an eligible contractor;
``(iii) a nonprofit school transportation association;
or
``(iv) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), Tribal organization (as defined in that
section), or tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2511)) that is responsible for--
``(I) providing school bus service to 1 or more
Bureau-funded schools (as defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C. 2021)); or
``(II) the purchase of school buses.
``(B) Special requirements.--In the case of eligible
recipients identified under clauses (ii) and (iii) of
subparagraph (A), the Administrator shall establish timely and
appropriate requirements for notice and shall establish timely
and appropriate requirements for approval by the public school
systems that would be served by buses purchased using award
funds made available under this section.
``(6) High-need local educational agency.--The term `high-need
local educational agency' means a local educational agency (as
defined in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)) that is among the local educational
agencies in the applicable State with high percentages of children
counted under section 1124(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most
recent satisfactory data available, as determined by the Secretary
of Education (or, for a local educational agency for which no such
data is available, such other data as the Secretary of Education
determines to be satisfactory).
``(7) School bus.--The term `school bus' has the meaning given
the term `schoolbus' in section 30125(a) of title 49, United States
Code.
``(8) Zero-emission school bus.--The term `zero-emission school
bus' means a school bus that is certified by the Administrator to
have a drivetrain that produces, under any possible operational
mode or condition, zero exhaust emission of--
``(A) any air pollutant that is listed pursuant to section
108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any
precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(b) Program for Replacement of Existing School Buses With Clean
School Buses and Zero-emission School Buses.--
``(1) Establishment.--The Administrator shall establish a
program--
``(A) to award grants and rebates on a competitive basis to
eligible recipients for the replacement of existing school
buses with clean school buses;
``(B) to award grants and rebates on a competitive basis to
eligible recipients for the replacement of existing school
buses with zero-emission school buses;
``(C) to award contracts to eligible contractors to provide
rebates for the replacement of existing school buses with clean
school buses; and
``(D) to award contracts to eligible contractors to provide
rebates for the replacement of existing school buses with zero-
emission school buses.
``(2) Allocation of funds.--Of the amounts made available for
awards under paragraph (1) in a fiscal year, the Administrator
shall award--
``(A) 50 percent to replace existing school buses with
zero-emission school buses; and
``(B) 50 percent to replace existing school buses with
clean school buses and zero-emission school buses.
``(3) Considerations.--In making awards under paragraph (2)(B),
the Administrator shall take into account the following criteria
and shall not give preference to any individual criterion:
``(A) Lowest overall cost of bus replacement.
``(B) Local conditions, including the length of bus routes
and weather conditions.
``(C) Technologies that most reduce emissions.
``(D) Whether funds will bring new technologies to scale or
promote cost parity between old technology and new technology.
``(4) Priority of applications.--In making awards under
paragraph (1), the Administrator may prioritize applicants that--
``(A) propose to replace school buses that serve--
``(i) a high-need local educational agency;
``(ii) a Bureau-funded school (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021));
or
``(iii) a local educational agency that receives a
basic support payment under section 7003(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(1)) for children who reside on Indian land;
``(B) serve rural or low-income areas; or
``(C) propose to complement the assistance received through
the award by securing additional sources of funding for the
activities supported through the award, such as through--
``(i) public-private partnerships;
``(ii) grants from other entities; or
``(iii) issuance of school bonds.
``(5) Use of school bus fleet.--All clean school buses and
zero-emission school buses acquired with funds provided under this
section shall--
``(A) be operated as part of the school bus fleet for which
the award was made for not less than 5 years;
``(B) be maintained, operated, and charged or fueled
according to manufacturer recommendations or State
requirements; and
``(C) not be manufactured or retrofitted with, or otherwise
have installed, a power unit or other technology that creates
air pollution within the school bus, such as an unvented diesel
passenger heater.
``(6) Awards.--
``(A) In general.--In making awards under paragraph (1),
the Administrator may make awards for up to 100 percent of the
costs for replacement of existing school buses with clean
school buses, zero-emission school buses, and charging or
fueling infrastructure.
``(B) Structuring awards.--In making an award under
paragraph (1)(A), the Administrator shall decide whether to
award a grant or rebate, or a combination thereof, based
primarily on how best to facilitate replacing existing school
buses with clean school buses or zero-emission school buses, as
applicable.
``(7) Deployment and distribution.--
``(A) In general.--The Administrator shall--
``(i) to the maximum extent practicable, achieve
nationwide deployment of clean school buses and zero-
emission school buses through the program under this
section; and
``(ii) ensure a broad geographic distribution of
awards.
``(B) Limitation.--The Administrator shall ensure that the
amount received by all eligible entities in a State from grants
and rebates under this section does not exceed 10 percent of
the amounts made available to carry out this section during a
fiscal year.
``(8) Annual report.--Not later than January 31 of each year,
the Administrator shall submit to Congress a report that evaluates
the implementation of this section and describes--
``(A) the total number of applications received;
``(B) the quantity and amount of grants and rebates awarded
and the location of the recipients of the grants and rebates;
``(C) the criteria used to select the recipients; and
``(D) any other information the Administrator considers
appropriate.
``(c) Education and Outreach.--
``(1) In general.--Not later than 120 days after the date of
enactment of the Infrastructure Investment and Jobs Act, the
Administrator shall develop an education and outreach program to
promote and explain the award program under this section.
``(2) Coordination with stakeholders.--The education and
outreach program under paragraph (1) shall be designed and
conducted in conjunction with interested stakeholders.
``(3) Components.--The education and outreach program under
paragraph (1) shall--
``(A) inform potential award recipients on the process of
applying for awards and fulfilling the requirements of awards;
``(B) describe the available technologies and the benefits
of using the technologies;
``(C) explain the benefits and costs incurred by
participating in the award program;
``(D) make available information regarding best practices,
lessons learned, and technical and other information
regarding--
``(i) clean school bus and zero-emission school bus
acquisition and deployment;
``(ii) the build-out of associated infrastructure and
advance planning with the local electricity supplier;
``(iii) workforce development, training, and Registered
Apprenticeships that meet the requirements under parts 29
and 30 of title 29, Code of Federal Regulations (as in
effect on December 1, 2019); and
``(iv) any other information that is necessary, as
determined by the Administrator; and
``(E) include, as appropriate, information from the annual
report required under subsection (b)(7).
``(d) Administrative Costs.--The Administrator may use, for the
administrative costs of carrying out this section, not more than 3
percent of the amounts made available to carry out this section for any
fiscal year.
``(e) Regulations.--The Administrator shall have the authority to
issue such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
programs, projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities are
completed in a timely and effective manner, result in emissions
reductions, and maximize public health benefits.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section, to remain
available until expended, $1,000,000,000 for each of fiscal years 2022
through 2026, of which--
``(1) $500,000,000 shall be made available for the adoption of
clean school buses and zero-emission school buses; and
``(2) $500,000,000 shall be made available for the adoption of
zero-emission school buses.''.
SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' means--
(A) methanol, denatured ethanol, and other alcohols;
(B) a mixture containing at least 85 percent of methanol,
denatured ethanol, and other alcohols by volume with gasoline
or other fuels;
(C) natural gas;
(D) liquefied petroleum gas;
(E) hydrogen;
(F) fuels (except alcohol) derived from biological
materials;
(G) electricity (including electricity from solar energy);
and
(H) any other fuel the Secretary prescribes by regulation
that is not substantially petroleum and that would yield
substantial energy security and environmental benefits.
(2) Electric or low-emitting ferry.--The term ``electric or
low-emitting ferry'' means a ferry that reduces emissions by
utilizing alternative fuels or onboard energy storage systems and
related charging infrastructure to reduce emissions or produce zero
onboard emissions under normal operation.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(b) Establishment.--The Secretary shall carry out a pilot program
to provide grants for the purchase of electric or low-emitting ferries
and the electrification of or other reduction of emissions from
existing ferries.
(c) Requirement.--In carrying out the pilot program under this
section, the Secretary shall ensure that--
(1) not less than 1 grant under this section shall be for a
ferry service that serves the State with the largest number of
Marine Highway System miles; and
(2) not less than 1 grant under this section shall be for a bi-
State ferry service--
(A) with an aging fleet; and
(B) whose development of zero and low emission power source
ferries will propose to advance the state of the technology
toward increasing the range and capacity of zero emission power
source ferries.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2022 through 2026.
SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES.
(a) Definitions.--In this section:
(1) Basic essential ferry service.--The term ``basic essential
ferry service'' means scheduled ferry transportation service.
(2) Eligible service.--The term ``eligible service'' means a
ferry service that--
(A) operated a regular schedule at any time during the 5-
year period ending on March 1, 2020; and
(B) served not less than 2 rural areas located more than 50
sailing miles apart.
(3) Rural area.--The term ``rural area'' has the meaning given
the term in section 5302 of title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(b) Establishment.--The Secretary shall establish a program to
ensure that basic essential ferry service is provided to rural areas by
providing funds to States to provide such basic essential ferry
service.
(c) Program Criteria.--The Secretary shall establish requirements
and criteria for participation in the program under this section,
including requirements for the provision of funds to States.
(d) Waivers.--The Secretary shall establish criteria for the waiver
of any requirement under this section.
(e) Treatment.--
(1) Not attributable to urbanized areas.--An eligible service
that receives funds from a State under this section shall not be
attributed to an urbanized area for purposes of apportioning funds
under chapter 53 of title 49, United States Code.
(2) No receipt of certain apportioned funds.--An eligible
service that receives funds from a State under this section shall
not receive funds apportioned under section 5336 or 5337 of title
49, United States Code, in the same fiscal year.
(f) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.
(g) Operating Costs.--
(1) Section 147 of title 23, United States Code, is amended by
adding at the end the following:
``(k) Additional Uses.--Notwithstanding any other provision of law,
in addition to other uses of funds under this section, an eligible
entity may use amounts made available under this section to pay the
operating costs of the eligible entity.''.
(2) Section 218(c) of title 23, United States Code (as amended
by section 11116 of division A), is amended by inserting
``operation, repair,'' after ``purchase,''.
SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING,
CONSTRUCTING, AND EXPANDING CERTAIN FACILITIES.
Section 509 of the Indian Health Care Improvement Act (25 U.S.C.
1659) is amended--
(1) by striking ``minor'' before ``renovations''; and
(2) by striking ``, to assist'' and all that follows through
``standards''.
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``October 1, 2021'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2026'', and
(2) by striking ``Continuing Appropriations Act, 2021 and Other
Extensions Act'' in subsections (c)(1) and (e)(3) and inserting
``Infrastructure Investment and Jobs Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Continuing Appropriations Act, 2021 and Other
Extensions Act'' each place it appears in subsection (b)(2) and
inserting ``Infrastructure Investment and Jobs Act'', and
(2) by striking ``October 1, 2021'' in subsection (d)(2) and
inserting ``October 1, 2026''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of such Code is amended by striking ``October 1, 2021'' and
inserting ``October 1, 2026''.
SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ``September 30, 2022'' and
inserting ``September 30, 2028'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended by
striking ``October 1, 2022'' and inserting ``October 1, 2028'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each
of the following provisions of the Internal Revenue Code of 1986 is
amended by striking ``2023'' each place it appears and inserting
``2029'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2022'' each place it appears and
inserting ``October 1, 2028'';
(2) by striking ``March 31, 2023'' each place it appears and
inserting ``March 31, 2029''; and
(3) by striking ``January 1, 2023'' and inserting ``January 1,
2029''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2022'' and inserting ``October 1,
2028''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2023'' and inserting ``October 1, 2029''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code of
1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2022'' each place it
appears in paragraphs (1) and (2) and inserting ``October
1, 2028'';
(ii) by striking ``October 1, 2022'' in the heading of
paragraph (2) and inserting ``October 1, 2028'';
(iii) by striking ``September 30, 2022'' in paragraph
(2) and inserting ``September 30, 2028''; and
(iv) by striking ``July 1, 2023'' in paragraph (2) and
inserting ``July 1, 2029''; and
(B) in subsection (c)(2), by striking ``July 1, 2023'' and
inserting ``July 1, 2029''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
9503(c) of such Code are each amended by striking ``October 1,
2022'' and inserting ``October 1, 2028''.
(B) Conforming amendments to land and water conservation
fund.--Section 200310 of title 54, United States Code, is
amended--
(i) by striking ``October 1, 2023'' each place it
appears and inserting ``October 1, 2029''; and
(ii) by striking ``October 1, 2022'' and inserting
``October 1, 2028''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (11) as paragraph (12) and
inserting after paragraph (10) the following new paragraph:
``(11) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby appropriated--
``(A) $90,000,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) in the Highway Trust Fund; and
``(B) $28,000,000,000 to the Mass Transit Account in the
Highway Trust Fund.''.
TITLE II--CHEMICAL SUPERFUND
SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE
TAXES.
(a) Extension.--
(1) In general.--Section 4661(c) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(c) Termination.--No tax shall be imposed by this section after
December 31, 2031.''.
(2) Imported substances.--Section 4671(e) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(e) Termination.--No tax shall be imposed by this section after
December 31, 2031.''.
(b) Modification of Rates.--
(1) In general.--Section 4661(b) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be determined in accordance with the following table:
------------------------------------------------------------------------
The tax is the following
``In the case of: amount per ton:
------------------------------------------------------------------------
Acetylene.................................... $9.74
Benzene...................................... 9.74
Butane....................................... 9.74
Butylene..................................... 9.74
Butadiene.................................... 9.74
Ethylene..................................... 9.74
Methane...................................... 6.88
Napthalene................................... 9.74
Propylene.................................... 9.74
Toluene...................................... 9.74
Xylene....................................... 9.74
Ammonia...................................... 5.28
Antimony..................................... 8.90
Antimony trioxide............................ 7.50
Arsenic...................................... 8.90
Arsenic trioxide............................. 6.82
Barium sulfide............................... 4.60
Bromine...................................... 8.90
Cadmium...................................... 8.90
Chlorine..................................... 5.40
Chromium..................................... 8.90
Chromite..................................... 3.04
Potassium dichromate......................... 3.38
Sodium dichromate............................ 3.74
Cobalt....................................... 8.90
Cupric sulfate............................... 3.74
Cupric oxide................................. 7.18
Cuprous oxide................................ 7.94
Hydrochloric acid............................ 0.58
Hydrogen fluoride............................ 8.46
Lead oxide................................... 8.28
Mercury...................................... 8.90
Nickel....................................... 8.90
Phosphorus................................... 8.90
Stannous chloride............................ 5.70
Stannic chloride............................. 4.24
Zinc chloride................................ 4.44
Zinc sulfate................................. 3.80
Potassium hydroxide.......................... 0.44
Sodium hydroxide............................. 0.56
Sulfuric acid................................ 0.52
Nitric acid.................................. 0.48.''.
------------------------------------------------------------------------
''. (2) Rate on taxable substances where importer does not
furnish information to the secretary.--Section 4671(b)(2) of such
Code is amended by striking ``5 percent'' and inserting ``10
percent''.
(c) Rules Relating to Taxable Substances.--
(1) Modification of determination of taxable substances.--
Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is
amended by striking ``50 percent'' each place it appears and
inserting ``20 percent''.
(2) Presumption as a taxable substance for prior
determinations.--Except as otherwise determined by the Secretary of
the Treasury (or the Secretary's delegate), any substance which was
determined to be a taxable substance by reason of section
4672(a)(2) of the Internal Revenue Code of 1986 prior to the date
of enactment of this Act shall continue to be treated as a taxable
substance for purposes of such section after such date.
(3) Publication of initial list.--Not later than January 1,
2022, the Secretary of the Treasury (or the Secretary's delegate)
shall publish an initial list of taxable substances under section
4672(a) of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall take
effect on July 1, 2022.
TITLE III--CUSTOMS USER FEES
SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``September 30, 2030'' and
inserting ``September 30, 2031''; and
(2) in subparagraph (B)(i), by striking ``September 30, 2030''
and inserting ``September 30, 2031''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30,
2030'' and inserting ``September 30, 2031''.
TITLE IV--BOND PROVISIONS
SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND PROJECTS.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
or'', and by adding at the end the following new paragraph:
``(16) qualified broadband projects.''.
(b) Qualified Broadband Projects.--Section 142 of such Code is
amended by adding at the end the following new subsection:
``(n) Qualified Broadband Project.--
``(1) In general.--For purposes of subsection (a)(16), the term
`qualified broadband project' means any project which--
``(A) is designed to provide broadband service solely to 1
or more census block groups in which more than 50 percent of
residential households do not have access to fixed, terrestrial
broadband service which delivers at least 25 megabits per
second downstream and at least 3 megabits service upstream, and
``(B) results in internet access to residential locations,
commercial locations, or a combination of residential and
commercial locations at speeds not less than 100 megabits per
second for downloads and 20 megabits for second for uploads,
but only if at least 90 percent of the locations provided such
access under the project are locations where, before the
project, a broadband service provider--
``(i) did not provide service, or
``(ii) did not provide service meeting the minimum
speed requirements described in subparagraph (A).
``(2) Notice to broadband providers.--A project shall not be
treated as a qualified broadband project unless, before the issue
date of any issue the proceeds of which are to be used to fund the
project, the issuer--
``(A) notifies each broadband service provider providing
broadband service in the area within which broadband services
are to be provided under the project of the project and its
intended scope,
``(B) includes in such notice a request for information
from each such provider with respect to the provider's ability
to deploy, manage, and maintain a broadband network capable of
providing gigabit capable Internet access to residential or
commercial locations, and
``(C) allows each such provider at least 90 days to respond
to such notice and request.''.
(c) Partial Exception From Volume Cap.--
(1) In general.--Section 146(g) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting ``,
and'', and by inserting immediately after paragraph (4) the
following new paragraph:
``(5) 75 percent of any exempt facility bond issued as part of
an issue described in paragraph (16) of section 142(a) (relating to
qualified broadband projects).''.
(2) Government-owned projects.--The last sentence of section
146(g) of such Code is amended by striking ``Paragraph (4)'' and
inserting ``Paragraphs (4) and (5)''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued in calendar years beginning after the date
of the enactment of this Act.
SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986, as amended by section 80401, is amended by striking ``or'' at the
end of paragraph (15), by striking the period at the end of paragraph
(16) and inserting ``, or'', and by adding at the end the following new
paragraph:
``(17) qualified carbon dioxide capture facilities.''.
(b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of
such Code, as amended by section 80401, is amended by adding at the end
the following new subsection:
``(o) Qualified Carbon Dioxide Capture Facility.--
``(1) In general.--For purposes of subsection (a)(17), the term
`qualified carbon dioxide capture facility' means--
``(A) the eligible components of an industrial carbon
dioxide facility, and
``(B) a direct air capture facility (as defined in section
45Q(e)(1)).
``(2) Definitions.--For purposes of this subsection:
``(A) Eligible component.--
``(i) In general.--The term `eligible component' means
any equipment which is installed in an industrial carbon
dioxide facility that satisfies the requirements under
paragraph (3) and which is--
``(I) used for the purpose of capture, treatment
and purification, compression, transportation, or on-
site storage of carbon dioxide produced by the
industrial carbon dioxide facility, or
``(II) integral or functionally related and
subordinate to a process which converts a solid or
liquid product from coal, petroleum residue, biomass,
or other materials which are recovered for their energy
or feedstock value into a synthesis gas composed
primarily of carbon dioxide and hydrogen for direct use
or subsequent chemical or physical conversion.
``(ii) Definitions.--For purposes of this
subparagraph--
``(I) Biomass.--
``(aa) In general.--The term `biomass' means
any--
``(AA) agricultural or plant waste,
``(BB) byproduct of wood or paper mill
operations, including lignin in spent pulping
liquors, and
``(CC) other products of forestry
maintenance.
``(bb) Exclusion.--The term `biomass' does not
include paper which is commonly recycled.
``(II) Coal.--The term `coal' means anthracite,
bituminous coal, subbituminous coal, lignite, and peat.
``(B) Industrial carbon dioxide facility.--
``(i) In general.--Except as provided in clause (ii),
the term `industrial carbon dioxide facility' means a
facility that emits carbon dioxide (including from any
fugitive emissions source) that is created as a result of
any of the following processes:
``(I) Fuel combustion.
``(II) Gasification.
``(III) Bioindustrial.
``(IV) Fermentation.
``(V) Any manufacturing industry relating to--
``(aa) chemicals,
``(bb) fertilizers,
``(cc) glass,
``(dd) steel,
``(ee) petroleum residues,
``(ff) forest products,
``(gg) agriculture, including feedlots and
dairy operations, and
``(hh) transportation grade liquid fuels.
``(ii) Exceptions.--For purposes of clause (i), an
industrial carbon dioxide facility shall not include--
``(I) any geological gas facility, or
``(II) any air separation unit that--
``(aa) does not qualify as gasification
equipment, or
``(bb) is not a necessary component of an oxy-
fuel combustion process.
``(iii) Definitions.--For purposes of this
subparagraph--
``(I) Petroleum residue.--The term `petroleum
residue' means the carbonized product of high-boiling
hydrocarbon fractions obtained in petroleum processing.
``(II) Geological gas facility.--The term
`geological gas facility' means a facility that--
``(aa) produces a raw product consisting of gas
or mixed gas and liquid from a geological
formation,
``(bb) transports or removes impurities from
such product, or
``(cc) separates such product into its
constituent parts.
``(3) Special rule for facilities with less than 65 percent
capture and storage percentage.--
``(A) In general.--Subject to subparagraph (B), the
eligible components of an industrial carbon dioxide facility
satisfies the requirements of this paragraph if such eligible
components are designed to have a capture and storage
percentage (as determined under subparagraph (C)) that is equal
to or greater than 65 percent.
``(B) Exception.--In the case of an industrial carbon
dioxide facility designed with a capture and storage percentage
that is less than 65 percent, the percentage of the cost of the
eligible components installed in such facility that may be
financed with tax-exempt bonds may not be greater than the
designed capture and storage percentage.
``(C) Capture and storage percentage.--
``(i) In general.--Subject to clause (ii), the capture
and storage percentage shall be an amount, expressed as a
percentage, equal to the quotient of--
``(I) the total metric tons of carbon dioxide
designed to be annually captured, transported, and
injected into--
``(aa) a facility for geologic storage, or
``(bb) an enhanced oil or gas recovery well
followed by geologic storage, divided by
``(II) the total metric tons of carbon dioxide
which would otherwise be released into the atmosphere
each year as industrial emission of greenhouse gas if
the eligible components were not installed in the
industrial carbon dioxide facility.
``(ii) Limited application of eligible components.--In
the case of eligible components that are designed to
capture carbon dioxide solely from specific sources of
emissions or portions thereof within an industrial carbon
dioxide facility, the capture and storage percentage under
this subparagraph shall be determined based only on such
specific sources of emissions or portions thereof.
``(4) Regulations.--The Secretary shall issue such regulations
or other guidance as are necessary to carry out the provisions of
this subsection, including methods for determining costs
attributable to an eligible component for purposes of paragraph
(3)(A).''.
(c) Volume Cap.--Section 146(g) of such Code, as amended by section
80401, is amended by striking ``and'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting ``,
and'', and by inserting immediately after paragraph (5) the following
new paragraph:
``(6) 75 percent of any exempt facility bond issued as part of
an issue described in paragraph (17) of section 142(a) (relating to
qualified carbon dioxide capture facilities).''.
(d) Clarification of Private Business Use.--Section 141(b)(6) of
such Code is amended by adding at the end the following new
subparagraph:
``(C) Clarification relating to qualified carbon dioxide
capture facilities.--For purposes of this subsection, the sale
of carbon dioxide produced by a qualified carbon dioxide
capture facility (as defined in section 142(o)) which is owned
by a governmental unit shall not constitute private business
use.''.
(e) Coordination With Credit for Carbon Oxide Sequestration.--
Section 45Q(f) of such Code is amended by adding at the end the
following new paragraph:
``(3) Credit reduced for certain tax-exempt bonds.--The amount
of the credit determined under subsection (a) with respect to any
project for any taxable year shall be reduced by the amount which
is the product of the amount so determined for such year and the
lesser of \1/2\ or a fraction--
``(A) the numerator of which is the sum, for the taxable
year and all prior taxable years, of the proceeds from an issue
described in section 142(a)(17) used to provide financing for
the project the interest on which is exempt from tax under
section 103, and
``(B) the denominator of which is the aggregate amount of
additions to the capital account for the project for the
taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable year shall
be determined as of the close of the taxable year.''.
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2021.
SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED
HIGHWAY OR SURFACE FREIGHT TRANSPORTATION FACILITIES.
(a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code
of 1986 is amended by striking ``$15,000,000,000'' and inserting
``$30,000,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to bonds issued after the date of the enactment of this Act.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN DEADLINES IN
THE CASE OF TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
(a) In General.--Section 7508A(d) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1)--
(A) by striking ``the latest incident date so specified''
in subparagraph (B) and inserting ``the later of such earliest
incident date described in subparagraph (A) or the date such
declaration was issued'', and
(B) by striking ``in the same manner as a period specified
under subsection (a)'' and inserting ``in determining, under
the internal revenue laws, in respect of any tax liability of
such qualified taxpayer, whether any of the acts described in
subparagraphs (A) through (F) of section 7508(a)(1) were
performed within the time prescribed therefor (determined
without regard to extension under any other provision of this
subtitle for periods after the date determined under
subparagraph (B))'',
(2) by striking paragraph (3) and inserting the following:
``(3) Disaster area.--For purposes of this subsection, the term
`disaster area' means an area in which a major disaster for which
the President provides financial assistance under section 408 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174) occurs.'', and
(3) by adding at the end the following:
``(6) Multiple declarations.--For purposes of paragraph (1), in
the case of multiple declarations relating to a disaster area which
are issued within a 60-day period, a separate period shall be
determined under such paragraph with respect to each such
declaration.''.
(b) Effective Date.--The amendment made by this section shall apply
to federally declared disasters declared after the date of enactment of
this Act.
SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY
REASON OF SERVICE IN COMBAT ZONE OR CONTINGENCY OPERATION.
(a) In General.--Section 7508(a)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking subparagraph (C) and inserting the following:
``(C) Filing a petition with the Tax Court, or filing a
notice of appeal from a decision of the Tax Court;'', and
(2) by inserting ``or in respect of any erroneous refund''
after ``any tax'' in subparagraph (J).
(b) Effective Date.--The amendments made by this section shall
apply to any period for performing an act which has not expired before
the date of the enactment of this Act.
SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX COURT.
(a) In General.--Section 7451 of the Internal Revenue Code of 1986
is amended--
(1) by striking ``The Tax Court'' and inserting the following:
``(a) Fees.--The Tax Court'', and
(2) by adding at the end the following new subsection:
``(b) Tolling of Time in Certain Cases.--
``(1) In general.--Notwithstanding any other provision of this
title, in any case (including by reason of a lapse in
appropriations) in which a filing location is inaccessible or
otherwise unavailable to the general public on the date a petition
is due, the relevant time period for filing such petition shall be
tolled for the number of days within the period of inaccessibility
plus an additional 14 days.
``(2) Filing location.--For purposes of this subsection, the
term `filing location' means--
``(A) the office of the clerk of the Tax Court, or
``(B) any on-line portal made available by the Tax Court
for electronic filing of petitions.''.
(b) Conforming Amendments.--
(1) The heading for section 7451 of the Internal Revenue Code
of 1986 is amended by striking ``fee for filing petition'' and
inserting ``petitions''.
(2) The item in the table of contents for part II of subchapter
C of chapter 76 of such Code is amended by striking ``Fee for
filing petition'' and inserting ``Petitions''.
(c) Effective Date.--The amendments made by this section shall
apply to petitions required to be timely filed (determined without
regard to the amendments made by this section) after the date of
enactment of this Act.
SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON OF
SIGNIFICANT FIRES.
(a) In General.--Section 7508A of the Internal Revenue Code of 1986
is amended--
(1) by inserting ``, a significant fire,'' after ``federally
declared disaster (as defined in section 165(i)(5)(A))'' in
subsection (a),
(2) by inserting ``, fire,'' after ``disaster'' each place it
appears in subsections (a)(1) and (b), and
(3) by adding at the end the following new subsection:
``(e) Significant Fire.--For purposes of this section, the term
`significant fire' means any fire with respect to which assistance is
provided under section 420 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.''.
(b) Conforming Amendments.--
(1) The heading of section 7508A of the Internal Revenue Code
of 1986 is amended by striking ``presidentially declared disaster''
and inserting ``federally declared disaster, significant fire,''.
(2) The item relating to section 7508A in the table of sections
for chapter 77 of such Code is amended by striking ``Presidentially
declared disaster'' and inserting ``Federally declared disaster,
significant fire,''.
(c) Effective Date.--The amendments made by this section shall
apply to fires for which assistance is provided after the date of the
enactment of this Act.
TITLE VI--OTHER PROVISIONS
SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE
CAPITAL OF A CORPORATION.
(a) In General.--Section 118 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (b), by inserting ``except as provided in
subsection (c),'' after ``For purposes of subsection (a),'',
(2) by redesignating subsection (d) as subsection (e), and
(3) by striking subsection (c) and inserting the following:
``(c) Special Rules for Water and Sewerage Disposal Utilities.--
``(1) General rule.--For purposes of this section, the term
`contribution to the capital of the taxpayer' includes any amount
of money or other property received from any person (whether or not
a shareholder) by a regulated public utility which provides water
or sewerage disposal services if--
``(A) such amount is--
``(i) a contribution in aid of construction, or
``(ii) a contribution to the capital of such utility by
a governmental entity providing for the protection,
preservation, or enhancement of drinking water or sewerage
disposal services,
``(B) in the case of a contribution in aid of construction
which is property other than water or sewerage disposal
facilities, such amount meets the requirements of the
expenditure rule of paragraph (2), and
``(C) such amount (or any property acquired or constructed
with such amount) is not included in the taxpayer's rate base
for ratemaking purposes.
``(2) Expenditure rule.--An amount meets the requirements of
this paragraph if--
``(A) an amount equal to such amount is expended for the
acquisition or construction of tangible property described in
section 1231(b)--
``(i) which is the property for which the contribution
was made or is of the same type as such property, and
``(ii) which is used predominantly in the trade or
business of furnishing water or sewerage disposal services,
``(B) the expenditure referred to in subparagraph (A)
occurs before the end of the second taxable year after the year
in which such amount was received, and
``(C) accurate records are kept of the amounts contributed
and expenditures made, the expenditures to which contributions
are allocated, and the year in which the contributions and
expenditures are received and made.
``(3) Definitions.--For purposes of this subsection--
``(A) Contribution in aid of construction.--The term
`contribution in aid of construction' shall be defined by
regulations prescribed by the Secretary, except that such term
shall not include amounts paid as service charges for starting
or stopping services.
``(B) Predominantly.--The term `predominantly' means 80
percent or more.
``(C) Regulated public utility.--The term `regulated public
utility' has the meaning given such term by section
7701(a)(33), except that such term shall not include any
utility which is not required to provide water or sewerage
disposal services to members of the general public in its
service area.
``(4) Disallowance of deductions and credits; adjusted basis.--
Notwithstanding any other provision of this subtitle, no deduction
or credit shall be allowed for, or by reason of, any expenditure
which constitutes a contribution in aid of construction to which
this subsection applies. The adjusted basis of any property
acquired with contributions in aid of construction to which this
subsection applies shall be zero.
``(d) Statute of Limitations.--If the taxpayer for any taxable year
treats an amount as a contribution to the capital of the taxpayer
described in subsection (c)(1)(A)(i), then--
``(1) the statutory period for the assessment of any deficiency
attributable to any part of such amount shall not expire before the
expiration of 3 years from the date the Secretary is notified by
the taxpayer (in such manner as the Secretary may prescribe) of--
``(A) the amount of the expenditure referred to in
subparagraph (A) of subsection (c)(2),
``(B) the taxpayer's intention not to make the expenditures
referred to in such subparagraph, or
``(C) a failure to make such expenditure within the period
described in subparagraph (B) of subsection (c)(2), and
``(2) such deficiency may be assessed before the expiration of
such 3-year period notwithstanding the provisions of any other law
or rule of law which would otherwise prevent such assessment.''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2020.
SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
(a) Funding Stabilization Under the Internal Revenue Code of
1986.--The table in subclause (II) of section 430(h)(2)(C)(iv) of the
Internal Revenue Code of 1986 is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in 90%.......................... 110%
2012 and ending in 2019.
Any year in the period starting in 95%.......................... 105%
2020 and ending in 2030.
2031.................................. 90%.......................... 110%
2032.................................. 85%.......................... 115%
2033.................................. 80%.......................... 120%
2034.................................. 75%.......................... 125%
After 2034............................ 70%.......................... 130%.''.
----------------------------------------------------------------------------------------------------------------
(b) Funding Stabilization Under Employee Retirement Income Security
Act of 1974.--
(1) In general.--The table in subclause (II) of section
303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
Any year in the period starting in 90%.......................... 110%
2012 and ending in 2019.
Any year in the period starting in 95%.......................... 105%
2020 and ending in 2030.
2031.................................. 90%.......................... 110%
2032.................................. 85%.......................... 115%
2033.................................. 80%.......................... 120%
2034.................................. 75%.......................... 125%
After 2034............................ 70%.......................... 130%.''.
----------------------------------------------------------------------------------------------------------------
(2) Conforming amendments.--
(A) In general.--Section 101(f)(2)(D) of such Act (29
U.S.C. 1021(f)(2)(D)) is amended--
(i) in clause (i), by striking ``and the American
Rescue Plan Act of 2021'' both places it appears and
inserting ``, the American Rescue Plan Act of 2021, and the
Infrastructure Investment and Jobs Act'', and
(ii) in clause (ii), by striking ``2029'' and inserting
``2034''.
(B) Statements.--The Secretary of Labor shall modify the
statements required under subclauses (I) and (II) of section
101(f)(2)(D)(i) of such Act to conform to the amendments made
by this section.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after December 31, 2021.
SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.
(a) Clarification of Definition of Broker.--Section 6045(c)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (B),
(2) in subparagraph (C)--
(A) by striking ``any other person who (for a
consideration)'' and inserting ``any person who (for
consideration)'', and
(B) by striking the period at the end and inserting ``,
and'', and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) any person who (for consideration) is responsible for
regularly providing any service effectuating transfers of
digital assets on behalf of another person.''.
(b) Reporting of Digital Assets.--
(1) Brokers.--
(A) Treatment as specified security.--Section 6045(g)(3)(B)
of the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of clause (iii), by redesignating clause
(iv) as clause (v), and by inserting after clause (iii) the
following new clause:
``(iv) any digital asset, and''.
(B) Definition of digital asset.--Section 6045(g)(3) of
such Code is amended by adding at the end the following new
subparagraph:
``(D) Digital asset.--Except as otherwise provided by the
Secretary, the term `digital asset' means any digital
representation of value which is recorded on a
cryptographically secured distributed ledger or any similar
technology as specified by the Secretary.''.
(C) Applicable date.--Section 6045(g)(3)(C) of such Code is
amended--
(i) in clause (ii), by striking ``and'' at the end,
(ii) by redesignating clause (iii) as clause (iv), and
(iii) by inserting after clause (ii) the following:
``(iii) January 1, 2023, in the case of any specified
security which is a digital asset, and''.
(2) Furnishing of information.--
(A) In general.--Section 6045A of such Code is amended--
(i) in subsection (a), by striking ``a security which
is'', and
(ii) by adding at the end the following:
``(d) Return Requirement for Certain Transfers of Digital Assets
Not Otherwise Subject to Reporting.--Any broker, with respect to any
transfer (which is not part of a sale or exchange executed by such
broker) during a calendar year of a covered security which is a digital
asset from an account maintained by such broker to an account which is
not maintained by, or an address not associated with, a person that
such broker knows or has reason to know is also a broker, shall make a
return for such calendar year, in such form as determined by the
Secretary, showing the information otherwise required to be furnished
with respect to transfers subject to subsection (a).''.
(B) Reporting penalties.--Section 6724(d)(1)(B) of such
Code is amended by striking ``or'' at the end of clause (xxv),
by striking ``and'' at the end of clause (xxvi), and by
inserting after clause (xxvi) the following new clause:
``(xxvii) section 6045A(d) (relating to returns for
certain digital assets),''.
(3) Treatment as cash for purposes of section 6050i.--Section
6050I(d) of such Code is amended by striking ``and'' at the end of
paragraph (1), by striking the period at the end of paragraph (2)
and inserting ``, and'', and by inserting after paragraph (2) the
following new paragraph:
``(3) any digital asset (as defined in section
6045(g)(3)(D)).''.
(c) Effective Date.--The amendments made by this section shall
apply to returns required to be filed, and statements required to be
furnished, after December 31, 2023.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to create any
inference, for any period prior to the effective date of such
amendments, with respect to--
(1) whether any person is a broker under section 6045(c)(1) of
the Internal Revenue Code of 1986, or
(2) whether any digital asset is property which is a specified
security under section 6045(g)(3)(B) of such Code.
SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS
SUBJECT TO CLOSURE DUE TO COVID-19.
(a) In General.--Section 3134 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (c)(5)--
(A) in subparagraph (A), by adding ``and'' at the end,
(B) in subparagraph (B), by striking ``, and'' at the end
and inserting a period, and
(C) by striking subparagraph (C), and
(2) in subsection (n), by striking ``January 1, 2022'' and
inserting ``October 1, 2021 (or, in the case of wages paid by an
eligible employer which is a recovery startup business, January 1,
2022)''.
(b) Effective Date.--The amendments made by this section shall
apply to calendar quarters beginning after September 30, 2021.
DIVISION I--OTHER MATTERS
SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR
2031.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``2030'' and inserting ``2031''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by striking
``2030'' and inserting ``2031'';
(B) in clause (i)--
(i) by striking ``5 \1/2\'' and inserting ``6'';
(ii) by striking ``2.0'' and inserting ``4.0''; and
(iii) by striking the semicolon at the end and
inserting ``; and'';
(C) in clause (ii)--
(i) by striking ``6-month period beginning on the day
after the last day of the period described in clause (i)''
and inserting ``second 6 months'';
(ii) by striking ``4.0'' and inserting ``0''; and
(iii) by striking ``; and'' and inserting a period; and
(D) by striking clause (iii).
SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided in
subsections (b) and (c), the Secretary of Energy shall draw down
and sell from the Strategic Petroleum Reserve 87,600,000 barrels of
crude oil during the period of fiscal years 2028 through 2031.
(2) Timing.--Subject to paragraph (1) and subsection (c)(1), in
determining the timing of each drawdown and sale from the Strategic
Petroleum Reserve during the period of fiscal years 2028 through
2031 under paragraph (1), to the maximum extent practicable, the
Secretary shall maximize the financial return to the United States
taxpayers.
(3) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the general
fund of the Treasury during the fiscal year in which the sale
occurs.
(4) SPR petroleum account.--The Secretary of the Treasury shall
deposit in the SPR Petroleum Account established under section
167(a) of the Energy Policy and Conservation Act (42 U.S.C.
6247(a)) $43,500,000, to be used to carry out paragraph (1) in
accordance with section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247).
(b) Emergency Protection.--The Secretary of Energy shall not draw
down and sell crude oil under subsection (a) in a quantity that would
limit the authority to sell petroleum products under subsection (h) of
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
in the full quantity authorized by that subsection.
(c) Limitations.--
(1) In general.--The Secretary of Energy shall not draw down or
conduct sales of crude oil under subsection (a) after the date on
which a total of $6,100,000,000 has been deposited in the general
fund of the Treasury from sales authorized under that subsection.
(2) Minimum volume.--Section 161(h)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking
``340,000,000'' each place it appears and inserting
``252,400,000''.
SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE FUNDS.
Congress finds the following:
(1) On July 16, 2021, the Congressional Budget Office (in this
section referred to as ``CBO'') reduced its projected cost of the
extension of expanded unemployment compensation as enacted in the
American Rescue Plan Act of 2021 (P.L. 117-2).
(2) CBO budget projections included mandatory outlays for the
expansion totaling $144,000,000,000 in 2021 and $8,000,000,000 in
2022. That estimated cost is $50,000,000,000 less in 2021, and
$3,000,000,000 less in 2022, than anticipated in CBO's March 2021
cost estimate.
(3) CBO reduced its projections of those costs for two major
reasons. First, several States have announced that they are
discontinuing one or more of the components of expanded
unemployment compensation before the expansion's authorization ends
in September 2021. In its original estimate, CBO projected that all
States would participate in the programs until September. Second,
because of the improving economy, the agency has lowered its
forecast of the unemployment rate, resulting in fewer projected
beneficiaries for the programs, which also reduced projected costs.
(4) It is estimated that there are approximately
$53,000,000,000 in savings from the amounts in the Treasury
originally estimated to be spent on unemployment insurance funds
(under the provisions of subtitle A of title II of division A of
the CARES Act) not used by the States.
SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR
SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM
TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS.
Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Refund for Certain Discarded Single-dose Container or Single-
use Package Drugs.--
``(1) Secretarial provision of information.--
``(A) In general.--For each calendar quarter beginning on
or after January 1, 2023, the Secretary shall, with respect to
a refundable single-dose container or single-use package drug
(as defined in paragraph (8)), report to each manufacturer (as
defined in subsection (c)(6)(A)) of such refundable single-dose
container or single-use package drug the following for the
calendar quarter:
``(i) Subject to subparagraph (C), information on the
total number of units of the billing and payment code of
such drug, if any, that were discarded during such quarter,
as determined using a mechanism such as the JW modifier
used as of the date of enactment of this subsection (or any
such successor modifier that includes such data as
determined appropriate by the Secretary).
``(ii) The refund amount that the manufacturer is
liable for pursuant to paragraph (3).
``(B) Determination of discarded amounts.--For purposes of
subparagraph (A)(i), with respect to a refundable single-dose
container or single-use package drug furnished during a
quarter, the amount of such drug that was discarded shall be
determined based on the amount of such drug that was unused and
discarded for each drug on the date of service.
``(C) Exclusion of units of packaged drugs.--The total
number of units of the billing and payment code of a refundable
single-dose container or single-use package drug of a
manufacturer furnished during a calendar quarter for purposes
of subparagraph (A)(i), and the determination of the estimated
total allowed charges for the drug in the quarter for purposes
of paragraph (3)(A)(ii), shall not include such units that are
packaged into the payment amount for an item or service and are
not separately payable.
``(2) Manufacturer requirement.--For each calendar quarter
beginning on or after January 1, 2023, the manufacturer of a
refundable single-dose container or single-use package drug shall,
for such drug, provide to the Secretary a refund that is equal to
the amount specified in paragraph (3) for such drug for such
quarter.
``(3) Refund amount.--
``(A) In general.--The amount of the refund specified in
this paragraph is, with respect to a refundable single-dose
container or single-use package drug of a manufacturer assigned
to a billing and payment code for a calendar quarter beginning
on or after January 1, 2023, an amount equal to the estimated
amount (if any) by which--
``(i) the product of--
``(I) the total number of units of the billing and
payment code for such drug that were discarded during
such quarter (as determined under paragraph (1)); and
``(II)(aa) in the case of a refundable single-dose
container or single-use package drug that is a single
source drug or biological, the amount of payment
determined for such drug or biological under subsection
(b)(1)(B) for such quarter; or
``(bb) in the case of a refundable single-dose
container or single-use package drug that is a
biosimilar biological product, the amount of payment
determined for such product under subsection (b)(1)(C)
for such quarter; exceeds
``(ii) an amount equal to the applicable percentage (as
defined in subparagraph (B)) of the estimated total allowed
charges for such drug under this part during the quarter.
``(B) Applicable percentage defined.--
``(i) In general.--For purposes of subparagraph
(A)(ii), the term `applicable percentage' means--
``(I) subject to subclause (II), 10 percent; and
``(II) if applicable, in the case of a refundable
single-dose container or single-use package drug
described in clause (ii), a percentage specified by the
Secretary pursuant to such clause.
``(ii) Treatment of drugs that have unique
circumstances.--In the case of a refundable single-dose
container or single-use package drug that has unique
circumstances involving similar loss of product as that
described in paragraph (8)(B)(ii), the Secretary, through
notice and comment rulemaking, may increase the applicable
percentage otherwise applicable under clause (i)(I) as
determined appropriate by the Secretary.
``(4) Frequency.--Amounts required to be refunded pursuant to
paragraph (2) shall be paid in regular intervals (as determined
appropriate by the Secretary).
``(5) Refund deposits.--Amounts paid as refunds pursuant to
paragraph (2) shall be deposited into the Federal Supplementary
Medical Insurance Trust Fund established under section 1841.
``(6) Enforcement.--
``(A) Audits.--
``(i) Manufacturer audits.--Each manufacturer of a
refundable single-dose container or single-use package drug
that is required to provide a refund under this subsection
shall be subject to periodic audit with respect to such
drug and such refunds by the Secretary.
``(ii) Provider audits.--The Secretary shall conduct
periodic audits of claims submitted under this part with
respect to refundable single-dose container or single-use
package drugs in accordance with the authority under
section 1833(e) to ensure compliance with the requirements
applicable under this subsection.
``(B) Civil money penalty.--
``(i) In general.--The Secretary shall impose a civil
money penalty on a manufacturer of a refundable single-dose
container or single-use package drug who has failed to
comply with the requirement under paragraph (2) for such
drug for a calendar quarter in an amount equal to the sum
of--
``(I) the amount that the manufacturer would have
paid under such paragraph with respect to such drug for
such quarter; and
``(II) 25 percent of such amount.
``(ii) Application.--The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a civil
money penalty under this subparagraph in the same manner as
such provisions apply to a penalty or proceeding under
section 1128A(a).
``(7) Implementation.--The Secretary shall implement this
subsection through notice and comment rulemaking.
``(8) Definition of refundable single-dose container or single-
use package drug.--
``(A) In general.--Except as provided in subparagraph (B),
in this subsection, the term `refundable single-dose container
or single-use package drug' means a single source drug or
biological (as defined in section 1847A(c)(6)(D)) or a
biosimilar biological product (as defined in section
1847A(c)(6)(H)) for which payment is made under this part and
that is furnished from a single-dose container or single-use
package.
``(B) Exclusions.--The term `refundable single-dose
container or single-use package drug' does not include--
``(i) a drug or biological that is either a
radiopharmaceutical or an imaging agent;
``(ii) a drug or biological approved by the Food and
Drug Administration for which dosage and administration
instructions included in the labeling require filtration
during the drug preparation process, prior to dilution and
administration, and require that any unused portion of such
drug after the filtration process be discarded after the
completion of such filtration process; or
``(iii) a drug or biological approved by the Food and
Drug Administration on or after the date of enactment of
this subsection and with respect to which payment has been
made under this part for fewer than 18 months.
``(9) Report to congress.--Not later than 3 years after the
date of enactment of this subsection, the Office of the Inspector
General, after consultation with the Centers for Medicare &
Medicaid Services and the Food and Drug Administration, shall
submit to the Committee on Finance of the Senate and the Committee
on Energy and Commerce and the Committee on Ways and Means of the
House of Representatives, a report on any impact this section is
reported to have on the licensure, market entry, market retention,
or marketing of biosimilar biological products. Such report shall
be updated periodically at the direction of the Committee on
Finance of the Senate and the Committee on Energy and Commerce and
the Committee on Ways and Means of the House of Representatives.''.
SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
Section 1327(f) of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking
``2021'' and inserting ``2032''.
SEC. 90006. MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO
ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR
PRESCRIPTION DRUG REBATES.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services shall not, prior to January 1, 2026, implement,
administer, or enforce the provisions of the final rule published by
the Office of the Inspector General of the Department of Health and
Human Services on November 30, 2020, and titled ``Fraud and Abuse;
Removal of Safe Harbor Protection for Rebates Involving Prescription
Pharmaceuticals and Creation of New Safe Harbor Protection for Certain
Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and
Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666).
SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS.
(a) Economic Injury Disaster Loan Subsidy.--
(1) Rescission.--Of the unobligated balances from amounts made
available under the heading ``Small Business Administration--
Disaster Loans Program Account'' in title II of division B of the
Paycheck Protection Program and Health Care Enhancement Act (Public
Law 116-139), $13,500,000,000 are permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is designated by
the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of
1985.
(b) Targeted EIDL Advance.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Targeted EIDL
Advance'' in section 323(d)(1)(D) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), $17,578,000,000 are
permanently rescinded.
(2) Of the unobligated balances from amounts made available in
section 5002(b) of the American Rescue Plan Act of 2021 (Public Law
117-2)--
(A) amounts may be transferred to and merged with ``Small
Business Administration--Disaster Loans Program Account'' for
the cost of direct loans authorized under section 7(b) of the
Small Business Act (15 U.S.C. 636(b));
(B) not more than $500,000,000 may be transferred to
``Small Business Administration--Salaries and Expenses'' for
necessary expenses, not otherwise provided for, of the Small
Business Administration; and
(C) not more than $992,000,000 may be transferred to, and
merged with, ``Small Business Administration--Business Loans
Program Account'' for the cost of guaranteed loans as
authorized by paragraphs (1) through (35) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), including the cost
of carrying out sections 326, 327, and 328 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(c) Economic Stabilization Program.--Of the unobligated balances
from amounts made available in section 4027(a) of the Coronavirus Aid,
Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are
permanently rescinded.
(d) Business Loans Program Account.--
(1) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business Loans
Program Account, CARES Act'' in section 1107(a)(1) of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), as amended by section 101(a)(2) of division A of the Paycheck
Protection Program and Health Care Enhancement Act (Public Law 116-
139), and in section 323(d)(1)(A) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for carrying out
paragraphs (36) and (37) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), $4,684,000,000 are permanently rescinded.
(2) Of the unobligated balances from amounts made available
under the heading ``Small Business Administration--Business Loans
Program Account'' in section 323(d)(1)(F) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
$992,000,000 are permanently rescinded.
(e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief,
and Economic Security Act (CARES Act).--Of the unobligated balances
from amounts made available in section 4120 of the Coronavirus Aid,
Relief, and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are
permanently rescinded.
(f) Education Stabilization Fund.--
(1) Rescission.--Of the unobligated balances from amounts made
available under the heading ``Education Stabilization Fund'' in
title VIII of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) and in title III of
division M of the Consolidated Appropriations Act, 2021 (Public Law
116-260) that were reserved for the Higher Education Emergency
Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B
of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of
division M of the Consolidated Appropriations Act, 2021 (Public Law
116-260), $353,400,000 are permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is designated by
the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of
1985.
(g) Small Business Administration, Salaries and Expenses.--
(1) Rescission.--Of the unobligated balances from amounts made
available under the heading ``Small Business Administration--
Salaries and Expenses'' in section 1107(a)(2) of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136), in
title II of division B of the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139), and in section
323(d)(1)(C) of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260), $175,000,000 are permanently rescinded.
(2) Designation.--The amount rescinded pursuant to paragraph
(1) that was previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is designated by
the Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control Act of
1985.
(h) Pandemic Relief for Aviation Workers.--Of the unobligated
balances from amounts made available in section 411 of subtitle A of
title IV of division N of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9101), $200,000,000 are permanently rescinded.
SEC. 90008. SPECTRUM AUCTIONS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Covered band.--The term ``covered band'' means the band of
frequencies between 3100 and 3450 megahertz.
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Commerce, Science, and Transportation
of the Senate; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(b) 3.1-3.45 GHz Band.--
(1) Pre-auction funding.--
(A) In general.--On the date of enactment of this Act, the
Director of the Office of Management and Budget shall transfer
$50,000,000 from the Spectrum Relocation Fund established under
section 118 of the National Telecommunications and Information
Administration Act (47 U.S.C. 928) to the Department of Defense
for the purpose of research and development, engineering
studies, economic analyses, activities with respect to systems,
or other planning activities to improve efficiency and
effectiveness of the spectrum use of the Department of Defense
in order to make available electromagnetic spectrum in the
covered band--
(i) for reallocation for shared Federal and non-Federal
commercial licensed use; and
(ii) for auction under paragraph (3) of this
subsection.
(B) Exemption.--Section 118(g) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928(g)) shall not apply with respect to the
payment required under subparagraph (A).
(C) Report to secretary of commerce.--For purposes of
paragraph (2)(A), the Secretary of Defense shall report to the
Secretary of Commerce the findings of the planning activities
described in subparagraph (A) of this paragraph.
(2) Identification.--
(A) In general.--Not later than 21 months after the date of
enactment of this Act, in accordance with the findings of the
planning activities described in paragraph (1)(A) and subject
to the determination of the Secretary of Defense under
subparagraph (B) of this paragraph, the Secretary of Commerce,
in coordination with the Secretary of Defense, the Director of
the Office of Science and Technology Policy, and relevant
congressional committees, shall--
(i) determine which frequencies of electromagnetic
spectrum in the covered band could be made available on a
shared basis between Federal use and non-Federal commercial
licensed use, subject to flexible-use service rules; and
(ii) submit to the President and the Commission a
report that identifies the frequencies determined
appropriate under clause (i).
(B) Required determination.--The Secretary of Commerce may
identify frequencies under subparagraph (A)(ii) only if the
Secretary of Defense has determined that sharing those
frequencies with non-Federal users would not impact the primary
mission of military spectrum users in the covered band.
(3) Auction.--Not earlier than November 30, 2024, the
Commission, in consultation with the Assistant Secretary of
Commerce for Communications and Information, shall begin a system
of competitive bidding under section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the
spectrum identified under paragraph (2)(A)(ii) of this subsection.
(4) Sharing of spectrum.--Not earlier than May 31, 2025, the
President shall modify any assignment to a Federal Government
station of the frequencies identified under clause (ii) of
paragraph (2)(A) in order to accommodate shared Federal and non-
Federal commercial licensed use in accordance with that paragraph.
(5) Auction proceeds to cover 110 percent of federal relocation
or sharing costs.--Nothing in this subsection shall be construed to
relieve the Commission from the requirements under section
309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications Act
of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after
``2025'' the following: ``, and with respect to the electromagnetic
spectrum identified under section 90008(b)(2)(A)(ii) of the
Infrastructure Investment and Jobs Act, such authority shall expire
on the date that is 7 years after the date of enactment of that
Act''.
(2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of the
Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624) is
amended by striking ``2022'' and inserting ``2024''.
DIVISION J--APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FARM PRODUCTION AND CONSERVATION PROGRAMS
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', $500,000,000, to remain available until expended:
Provided, That not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the House and
Senate Committees on Appropriations a detailed spend plan, including a
list of project locations and project cost: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
watershed rehabilitation program
For an additional amount for ``Watershed Rehabilitation Program'',
$118,000,000, to remain available until expended: Provided, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture shall submit to the House and Senate
Committees on Appropriations a detailed spend plan, including a list of
project locations and project cost: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
emergency watershed protection program
For an additional amount for ``Emergency Watershed Protection
Program'' to repair damages to the waterways and watersheds resulting
from natural disasters, $300,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Utilities Service
distance learning, telemedicine, and broadband program
For an additional amount for ``Rural Utilities Service--Distance
Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to
remain available until expended: Provided, That of the funds made
available under this heading in this Act, $74,000,000 shall be for the
cost of broadband loans, as authorized by section 601 of the Rural
Electrification Act: Provided further, That, of the funds made
available under this heading in this Act, $1,926,000,000 shall be for
the broadband loan and grant pilot program established by section 779
of Public Law 115-141 under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.): Provided further, That at least 50
percent of the households to be served by a project receiving a loan or
grant from funds provided under the preceding proviso shall be in a
rural area, as defined in section 601(b)(3) of the Rural
Electrification Act, without sufficient access to broadband defined for
such funds as having speeds of not less than 25 megabits per second
downloads and 3 megabits per second uploads: Provided further, That 10
percent of the amounts made available under this heading in this Act
for the pilot program shall be set aside for service areas where at
least 90 percent of households to be served by a project receiving a
loan or grant are in a rural area without sufficient access to
broadband, as defined in the preceding proviso: Provided further,
That, to the extent possible, projects receiving funds provided under
this heading in this Act for the pilot program must build out service
to at least 100 megabits per second downloads and 20 megabits per
second uploads: Provided further, That, in administering the pilot
program under this heading in this Act, the Secretary of Agriculture
may, for purposes of determining entities eligible to receive
assistance, consider those communities which are ``Areas Rural in
Character'', as defined in section 343(a)(13)(D) of the Consolidated
Farm and Rural Development Act: Provided further, That not more than
$50,000,000 of the funds made available under this heading in this Act
for the pilot program may be used for the purpose of the preceding
proviso: Provided further, That pole attachment fees and replacements
charged by electric cooperatives for the shared use of their utility
poles shall be an eligible use of funds provided under this heading in
this Act for the pilot program to enable the deployment of broadband in
rural areas: Provided further, That the Secretary shall waive any
matching funds required for pilot program projects funded from amounts
provided under this heading in this Act for Alaska Native Corporations
for federally-recognized Tribes, on substantially underserved Trust
areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a rural area
that was recognized as a colonia as of October 1, 1989, and for
projects in which 75 percent of the service area is a persistent
poverty county or counties: Provided further, That for purposes of the
preceding proviso, the term ``persistent poverty counties'' means any
county that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and 2000
decennial censuses, and 2007-2011 American Community Survey 5-6 year
average, or any territory or possession of the United States: Provided
further, That, in addition to other funds available for such purpose,
not more than four percent of the amounts provided under this heading
in this Act shall be for administrative costs to carry out the pilot
program and broadband loans: Provided further, That up to three
percent of the amounts provided under this heading in this Act shall be
for technical assistance and predevelopment planning activities to
support rural communities, of which $5,000,000 shall have a priority
for the establishment and growth of cooperatives to offer broadband,
which shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses'': Provided further, That
the Secretary of Agriculture shall collaborate, to the extent
practicable, with the Commissioner of the Federal Communications
Commission and the Assistant Secretary for Communications and
Information at the National Telecommunications and Information
Administration to carry out the amounts provided under this heading in
this Act for the pilot program: Provided further, That the Secretary
may transfer funds provided under this heading in this Act between
broadband loans, as authorized by section 601 of the Rural
Electrification Act, and the pilot program to accommodate demand:
Provided further, That no funds shall be transferred pursuant to the
preceding proviso until the Secretary notifies in writing and receives
approval from the Committees on Appropriations and Agriculture of both
Houses of Congress at least 30 days in advance of the transfer of such
funds or the use of such authority: Provided further, That for
purposes of the amounts provided under this heading in this Act for the
pilot program, the Secretary shall adhere to the notice, reporting, and
service area assessment requirements set forth in section 701(a)-(d) of
the Rural Electrification Act (7 U.S.C. 950cc(a)-(d)): Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 101. In addition to amounts otherwise made available for such
purpose, there is hereby appropriated $10,000,000, to remain available
until expended, to carry out section 70501 of division G of this Act:
Provided, That $5,000,000, to remain available until expended, shall be
made available for fiscal year 2022 and $5,000,000, to remain available
until expended, shall be made available for fiscal year 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
broadband equity, access, and deployment program
(including transfer of funds)
For an additional amount for ``Broadband Equity, Access, and
Deployment Program'', $42,450,000,000, to remain available until
expended, for grants as authorized under section 60102 of division F of
this Act: Provided, That not later than 90 days after the date of
enactment of this Act, the Secretary of Commerce shall submit to the
House and Senate Committees on Appropriations a detailed spend plan for
fiscal year 2022: Provided further, That up to 2 percent of the
amounts made available under this heading in this Act in fiscal year
2022 shall be for salaries and expenses, administration, and oversight,
of which $12,000,000 shall be transferred to the Office of Inspector
General of the Department of Commerce for oversight of funding provided
to the National Telecommunications and Information Administration in
this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
broadband connectivity fund
For an additional amount for ``Broadband Connectivity Fund'',
$2,000,000,000, to remain available until expended, for grants for the
Tribal Broadband Connectivity Program, as authorized under section
905(c) of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260), as amended by section 60201 of division F this
Act: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
digital equity
(including transfer of funds)
For an additional amount for ``Digital Equity'', $2,750,000,000, to
remain available until expended, for competitive grants as authorized
under sections 60304 and 60305 of division F of this Act: Provided,
That of the amount provided under this heading in this Act--
(1) $550,000,000, to remain available until expended, shall be
made available for fiscal year 2022, of which $60,000,000 is for
the award of grants under section 60304 (c)(3) of division F of
this Act, $240,000,000 is for the award of grants under section
60304(d) of division F of this Act, and $250,000,000 is for the
award of grants under section 60305 of division F of this Act;
(2) $550,000,000, to remain available until expended, shall be
made available for fiscal year 2023, of which $300,000,000 is for
the award of grants under section 60304(d) of division F of this
Act and $250,000,000 is for the award of grants under section 60305
of division F of this Act;
(3) $550,000,000, to remain available until expended, shall be
made available for fiscal year 2024, of which $300,000,000 is for
the award of grants under section 60304(d) of division F of this
Act and $250,000,000 is for the award of grants under section 60305
of division F of this Act;
(4) $550,000,000, to remain available until expended, shall be
made available for fiscal year 2025, of which $300,000,000 is for
the award of grants under section 60304(d) of division F of this
Act and $250,000,000 is for the award of grants under section 60305
of division F of this Act; and
(5) $550,000,000, to remain available until expended, shall be
made available for fiscal year 2026, of which $300,000,000 is for
the award of grants under section 60304(d) of division F of this
Act and $250,000,000 is for the award of grants under section 60305
of division F of this Act:
Provided further, That the Secretary shall issue notices of funding
opportunity not later than 180 days after each date upon which funds
are made available under the preceding proviso: Provided further, That
the Secretary shall make awards not later than 270 days after issuing
the notices of funding opportunity required under the preceding
proviso: Provided further, That up to 2 percent of the amounts made
available in each fiscal year shall be for salaries and expenses,
administration, and oversight, of which $1,000,000 in each of fiscal
years 2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of Commerce for oversight of funding provided
to the National Telecommunications and Information Administration in
this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
middle mile deployment
(including transfer of funds)
For an additional amount for ``Middle Mile Deployment'',
$1,000,000,000, to remain available September 30, 2026, for competitive
grants as authorized under section 60401 of division F of this Act:
Provided, That the Secretary of Commerce shall issue notices of funding
opportunity not later than 180 days after the date of enactment of this
Act: Provided further, That the Secretary of Commerce shall make
awards not later than 270 days after issuing the notices of funding
opportunity required under the preceding proviso: Provided further,
That up to 2 percent of the amounts made available under this heading
in this Act shall be for salaries and expenses, administration, and
oversight, during fiscal years 2022 through 2026 of which $1,000,000
shall be transferred to the Office of Inspector General of the
Department of Commerce for oversight of funding provided to the
National Telecommunications and Information Administration in this
title in this Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $2,611,000,000, to remain available until September 30,
2027: Provided, That $557,250,000, to remain available until September
30, 2023, shall be made available for fiscal year 2022, $515,584,000,
to remain available until September 30, 2024, shall be made available
for fiscal year 2023, $515,583,000, to remain available until September
30, 2025, shall be made available for fiscal year 2024, $515,583,000,
to remain available until September 30, 2026, shall be made available
for fiscal year 2025, and $507,000,000, to remain available until
September 30, 2027, shall be made available for fiscal year 2026:
Provided further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following purposes
in equal amounts for each of fiscal years 2022 through 2026, including
for administrative costs, technical support, and oversight, unless
stated otherwise--
(1) $492,000,000 shall be for National Oceans and Coastal
Security Fund grants, as authorized under section 906(c) of
division O of Public Law 114-113;
(2) $491,000,000 shall be for contracts, grants, and
cooperative agreements to provide funding and technical assistance
for purposes of restoring marine, estuarine, coastal, or Great
Lakes ecosystem habitat, or constructing or protecting ecological
features that protect coastal communities from flooding or coastal
storms;
(3) $492,000,000 shall be for coastal and inland flood and
inundation mapping and forecasting, and next-generation water
modeling activities, including modernized precipitation frequency
and probable maximum studies;
(4) $25,000,000 shall be for data acquisition activities
pursuant to section 511(b) of the Water Resources Development Act
of 2020 (division AA of Public Law 116-260), of which $8,334,000
shall be available in fiscal year 2023 and $8,333,000 shall be
available in each of fiscal years 2024 and 2025;
(5) $50,000,000 shall be for wildfire prediction, detection,
observation, modeling, and forecasting, for fiscal year 2022;
(6) $1,000,000 shall be for the study of soil moisture and
snowpack monitoring network in the Upper Missouri River Basin
pursuant to section 511(b)(3) of the Water Resources Development
Act of 2020 (division AA of Public Law 116-260), in equal amounts
for each of fiscal years 2022 through 2025;
(7) $150,000,000 shall be for marine debris assessment,
prevention, mitigation, and removal;
(8) $50,000,000 shall be for marine debris prevention and
removal through the National Sea Grant College Program (33 U.S.C.
1121 et seq.);
(9) $207,000,000 shall be for habitat restoration projects
pursuant to section 310 of the Coastal Zone Management Act (16
U.S.C. 1456c), including ecosystem conservation pursuant to section
12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
1456-1), notwithstanding subsection (g) of that section;
(10) $77,000,000 shall be for habitat restoration projects
through the National Estuarine Research Reserve System (16 U.S.C.
1456c), including ecosystem conservation pursuant to section 12502
of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456-
1);
(11) $100,000,000 shall be for supporting improved and enhanced
coastal, ocean, and Great Lakes observing systems;
(12) $56,000,000 shall be for established Regional Ocean
Partnerships (ROPs) to coordinate the interstate and intertribal
management of ocean and coastal resources and to implement their
priority actions, including to enhance associated sharing and
integration of Federal and non-Federal data by ROPs, or their
equivalent;
(13) $20,000,000 shall be for consultations and permitting
related to the Endangered Species Act, the Marine Mammal Protection
Act, and Essential Fish Habitat; and
(14) $400,000,000 shall be for restoring fish passage by
removing in-stream barriers and providing technical assistance
pursuant to section 117 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
1891a), of which up to 15 percent shall be reserved for Indian
Tribes or partnerships of Indian Tribes in conjunction with an
institution of higher education, non-profit, commercial (for
profit) organizations, U.S. territories, and state or local
governments, and of which the remaining amount shall be for all
eligible entities, including Indian Tribes and such partnerships of
Indian Tribes:
Provided further, That under this heading the term Indian Tribe shall
have the meaning given to the term in section 4 of the Indian Self-
Determination and Education Act (25 U.S.C. 5304): Provided further,
That nothing under this heading in this Act shall be construed as
providing any new authority to remove, breach, or otherwise alter the
operations of a Federal hydropower dam and dam removal projects shall
include written consent of the dam owner, if ownership is established:
Provided further, That amounts made available under this heading in
this Act may be used for consultations and permitting related to the
Endangered Species Act and the Marine Mammal Protection Act for
projects funded under this heading in this Act: Provided further, That
not later than 90 days after the date of enactment of this Act, the
National Oceanic and Atmospheric Administration shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan for fiscal year 2022: Provided further,
That for each of fiscal years 2023 through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Commerce shall submit a detailed
spend plan for that fiscal year: Provided further, That the Secretary
may waive or reduce the required non-Federal share for amounts made
available under this heading in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $180,000,000, to remain available until September 30,
2024, as follows:
(1) $50,000,000 shall be for observation and dissemination
infrastructure used for wildfire prediction, detection, and
forecasting;
(2) $80,000,000 shall be for research supercomputing
infrastructure used for weather and climate model development to
improve drought, flood, and wildfire prediction, detection, and
forecasting; and
(3) $50,000,000 shall be for coastal, ocean, and Great Lakes
observing systems:
Provided, That not later than 90 days after the date of enactment of
this Act, the National Oceanic and Atmospheric Administration shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spend plan: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
pacific coastal salmon recovery
For an additional amount for ``Pacific Coastal Salmon Recovery'',
$172,000,000, to remain available until September 30, 2027: Provided,
That $34,400,000, to remain available until September 30, 2023, shall
be made available for fiscal year 2022, $34,400,000, to remain
available until September 30, 2024, shall be made available for fiscal
year 2023, $34,400,000, to remain available until September 30, 2025,
shall be made available for fiscal year 2024, $34,400,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2025, and $34,400,000, to remain available until September 30,
2027, shall be made available for fiscal year 2026: Provided, That not
later than 90 days after the date of enactment of this Act, the
National Oceanic and Atmospheric Administration shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a spend plan for fiscal year 2022: Provided further, That for
each of fiscal years 2023 through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Commerce shall submit a detailed spend
plan for that fiscal year: Provided further, That the Secretary may
waive or reduce the required non-Federal share for amounts made
available under this heading in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'', $150,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $30,000,000 shall be used by the
Secretary of the Army, acting through the Chief of Engineers, to
undertake work authorized to be carried out in accordance with section
22 of the Water Resources Development Act of 1974 (Public Law 93-251;
42 U.S.C. 1962d-16), as amended: Provided further, That of the amount
provided under this heading in this Act, $45,000,000 shall be used by
the Secretary of the Army, acting through the Chief of Engineers, to
undertake work authorized to be carried out in accordance with section
206 of the 1960 Flood Control Act (Public Law 86-645), as amended:
Provided further, That of the amount provided under this heading in
this Act, $75,000,000 shall be used for necessary expenses related to
the completion, or initiation and completion, of studies which are
authorized prior to the date of enactment of this Act, of which
$30,000,000, to become available on October 1, 2022, shall be used by
the Secretary of the Army, acting through the Chief of Engineers, to
complete, or to initiate and complete, studies carried out in
accordance with section 118 of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), except that the
limitation on the number of studies authorized to be carried out under
section 118(b) and section 118(c) shall not apply: Provided further,
That not later than 60 days after the date of enactment of this Act,
the Chief of Engineers shall submit to the House and Senate Committees
on Appropriations a detailed spend plan for the funds identified for
fiscal year 2022 in the preceding proviso, including a list of project
locations and new studies selected to be initiated: Provided further,
That not later than 60 days after the date of enactment of this Act,
the Chief of Engineers shall provide a briefing to the House and Senate
Committees on Appropriations on an implementation plan, including a
schedule for solicitation of projects and expenditure of funds, for the
funding provided for fiscal year 2023 to undertake work authorized to
be carried out in accordance with section 118 of division AA of the
Consolidated Appropriations Act, 2021 (Public Law 116-260): Provided
further, That for fiscal year 2023, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Chief of Engineers shall submit a detailed spend plan
for that fiscal year, including a list of project locations for the
funding provided to undertake work authorized to be carried out in
accordance with section 118 of division AA of the Consolidated
Appropriations Act, 2021 (Public Law 116-260): Provided further, That
beginning not later than 120 days after the enactment of this Act, the
Chief of Engineers shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of the funds provided under this heading
in this Act, including new studies selected to be initiated using funds
provided under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
construction
For an additional amount for ``Construction'', $11,615,000,000, to
remain available until expended: Provided, That the Secretary may
initiate additional new construction starts with funds provided under
this heading in this Act: Provided further, That the limitation
concerning total project costs in section 902 of the Water Resources
Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as
amended, shall not apply to any project completed using funds provided
under this heading in this Act: Provided further, That of the amount
provided under this heading in this Act, such sums as are necessary to
cover the Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from the
general fund of the Treasury: Provided further, That of the amount
provided under this heading in this Act, $1,500,000,000 shall be for
major rehabilitation, construction, and related activities for rivers
and harbors, of which not more than $250,000,000 shall be to undertake
work at harbors defined by section 2006 of the Water Resources
Development Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as
amended, and not more than $250,000,000 may be for projects determined
to require repair in the report prepared pursuant to section 1104 of
the Water Infrastructure Improvements for the Nation Act (Public Law
114-322): Provided further, That of the amount provided under this
heading in this Act, $200,000,000 shall be for water-related
environmental infrastructure assistance: Provided further, That of the
amount provided under this heading in this Act, $2,500,000,000 shall be
for construction, replacement, rehabilitation, and expansion of inland
waterways projects: Provided further, That section 102(a) of the Water
Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C.
2212(a)) and section 109 of the Water Resources Development Act of 2020
(Public Law 116-260; 134 Stat. 2624) shall not apply to the extent that
such projects are carried out using funds provided in the preceding
proviso: Provided further, That in using such funds referred to in the
preceding proviso, the Secretary shall give priority to projects
included in the Capital Investment Strategy of the Corps of Engineers:
Provided further, That of the amount provided under this heading in
this Act, $465,000,000 shall be used by the Secretary of the Army,
acting through the Chief of Engineers, to undertake work authorized to
be carried out in accordance with section 14, as amended, of the Flood
Control Act of 1946 (33 U.S.C. 701r), section 103, as amended, of the
River and Harbor Act of 1962 (Public Law 87-874), section 107, as
amended, of the River and Harbor Act 1960 (Public Law 86-645), section
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326),
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section
206 of the Water Resources Development Act of 1996 (Public Law 104-303;
33 U.S.C. 2330), section 1135 of the Water Resources Development Act of
1986 (Public Law 99-662; 33 U.S.C. 2309a), or section 165(a) of
division AA of the Consolidated Appropriations Act, 2021 (Public Law
116-260), notwithstanding the project number or program cost
limitations set forth in those sections: Provided further, That of the
amounts in the preceding proviso, $115,000,000, shall be used under the
aquatic ecosystem restoration program under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and
wildlife passage by removing in-stream barriers and provide technical
assistance to non-Federal interests carrying out such activities, at
full Federal expense and notwithstanding the individual project cost
limitation set forth in that section: Provided further, That the
amounts provided in the preceding proviso shall not be construed to
provide any new authority to remove, breach, or otherwise alter the
operations of a Federal hydropower dam, and do not limit the Secretary
of the Army, acting through the Chief of Engineers, from allotting
additional funds from amounts provided under this heading in this Act
for other purposes allowed under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330): Provided further, That of
the amount provided under this heading in this Act, $1,900,000,000
shall be for aquatic ecosystem restoration projects, of which not less
than $1,000,000,000 shall be for multi-purpose projects or multi-
purpose programs that include aquatic ecosystem restoration as a
purpose: Provided further, That of the amount provided under this
heading in this Act, $2,550,000,000 shall be for coastal storm risk
management, hurricane and storm damage reduction projects, and related
activities targeting States that have been impacted by federally
declared disasters over the last six years, which may include projects
authorized by section 116 of Public Law 111-85, of which not less than
$1,000,000,000 shall be for multi-purpose projects or multi-purpose
programs that include flood risk management benefits as a purpose:
Provided further, That of the amount provided in the preceding proviso,
$200,000,000 shall be for shore protection projects: Provided further,
That of the funds in the preceding proviso, $100,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2023, and $50,000,000, to remain available
until expended, shall be made available for fiscal year 2024: Provided
further, That of the amount provided under this heading in this Act,
$2,500,000,000 shall be for inland flood risk management projects, of
which not less than $750,000,000 shall be for multi-purpose projects or
multi-purpose programs that include flood risk management as a purpose:
Provided further, That in selecting projects under the previous
proviso, the Secretary of the Army shall prioritize projects with
overriding life-safety benefits: Provided further, That of the funds
in the proviso preceding the preceding proviso, the Secretary of the
Army shall, to the maximum extent practicable, prioritize projects in
the work plan that directly benefit economically disadvantaged
communities, and may take into consideration prioritizing projects that
benefit areas in which the percentage of people that live in poverty or
identify as belonging to a minority group is greater than the average
such percentage in the United States, based on data from the Bureau of
the Census: Provided further, That not later than 60 days after the
date of enactment of this Act, the Chief of Engineers shall submit to
the House and Senate Committees on Appropriations a detailed spend plan
for the funds provided under this heading in this Act for each fiscal
year, including a list of project locations and new construction
projects selected to be initiated: Provided further, That beginning
not later than 120 days after the enactment of this Act, the Chief of
Engineers shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, including new
construction projects selected to be initiated using funds provided
under this heading in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries'',
$808,000,000, to remain available until expended: Provided, That of
the amount provided under this heading in this Act, $258,000,000, which
shall be obligated within 90 days of enactment of this Act, shall be
used for necessary expenses to address emergency situations at Corps of
Engineers Federal projects caused by natural disasters: Provided
further, That the Secretary may initiate additional new construction
starts with funds provided under this heading in this Act: Provided
further, That the limitation concerning total project costs in section
902 of the Water Resources Development Act of 1986 (Public Law 99-662;
33 U.S.C. 2280), as amended, shall not apply to any project receiving
funds provided under this heading in this Act: Provided further, That
not later than 60 days after the date of enactment of this Act, the
Chief of Engineers shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for fiscal year 2022, including a
list of project locations and construction projects selected to be
initiated: Provided further, That of the amount provided under this
heading in this Act, such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for inland harbors
shall be derived from the general fund of the Treasury: Provided
further, That beginning not later than 120 days after the enactment of
this Act, the Chief of Engineers shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds,
including construction projects selected to be initiated using funds
provided under this heading in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
operation and maintenance
(including transfer of funds)
For an additional amount for ``Operations and Maintenance'',
$4,000,000,000, to remain available until expended: Provided, That
$2,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024: Provided further, That of the amount
provided under this heading in this Act for fiscal year 2022,
$626,000,000, which shall be obligated within 90 days of enactment of
this Act, shall be used for necessary expenses to dredge Federal
navigation projects in response to, and repair damages to Corps of
Engineers Federal projects caused by, natural disasters: Provided
further, That of the amount provided under this heading in this Act,
$40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring
activities, as authorized in section 4003(a) of the Water Resources
Reform and Development Act of 2014, as amended: Provided further, That
not later than 60 days after the date of enactment of this Act, the
Chief of Engineers shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for fiscal year 2022, including a
list of project locations, other than for the amount for natural
disasters identified in the second proviso: Provided further, That for
fiscal years 2023 and 2024, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code,
the Chief of Engineers shall submit a detailed spend plan for that
fiscal year, including a list of project locations: Provided further,
That of the amount provided under this heading in this Act, such sums
as are necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That up to three percent of the amounts made
available under this heading in this Act for any fiscal year may be
transferred to ``Regulatory Program'' or ``Expenses'' to carry out
activities funded by those accounts: Provided further, That the
Committees on Appropriations of the Senate and the House of
Representatives shall be notified at least 30 days in advance of any
transfer made pursuant to the preceding proviso: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
regulatory program
For an additional amount for ``Regulatory Program'', $160,000,000,
to remain available until September 30, 2026: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', $251,000,000, to remain available until expended:
Provided, That funding provided under this heading in this Act and
utilized for authorized shore protection projects shall restore such
projects to the full project profile at full Federal expense: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
expenses
For an additional amount for ``Expenses'', $40,000,000, to remain
available until expended: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
water infrastructure finance and innovation program account
For an additional amount for ``Water Infrastructure Finance and
Innovation Program Account'', $75,000,000, to remain available until
expended: Provided, That of the amounts provided under this heading in
this Act, $64,000,000 shall be for the cost of direct loans and for the
cost of guaranteed loans, for safety projects to maintain, upgrade, and
repair dams identified in the National Inventory of Dams with a primary
owner type of state, local government, public utility, or private:
Provided further, That no project may be funded with amounts provided
under this heading for a dam that is identified as jointly owned in the
National Inventory of Dams and where one of those joint owners is the
Federal Government: Provided further, That of the amounts provided
under this heading in this Act $11,000,000 shall be for administrative
expenses to carry out the direct and guaranteed loan programs,
notwithstanding section 5033 of the Water Infrastructure Finance and
Innovation Act of 2014: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
general provisions--corps of engineers
Sec. 300. For projects that are carried out with funds under this
heading, the Secretary of the Army and the Director of the Office of
Management and Budget shall consider other factors in addition to the
benefit-cost ratio when determining the economic benefits of projects
that benefit disadvantaged communities.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for ``Central Utah Project Completion
Account'', $50,000,000, to remain available until expended, of which
$10,000,000 shall be deposited into the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Bureau of Reclamation
water and related resources
(including transfer of funds)
For an additional amount for ``Water and Related Resources'',
$8,300,000,000, to remain available until expended: Provided, That
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,660,000,000, to remain available
until expended, shall be made available for fiscal year 2025,
$1,660,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $1,150,000,000 shall be for water storage, groundwater storage,
and conveyance projects in accordance with section 40902 of division D
of this Act: Provided further, That of the funds identified in the
preceding proviso, $100,000,000 shall be available for small surface
water and ground water storage projects authorized in section 40903 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act, $3,200,000,000 shall be available for
transfer into the Aging Infrastructure Account established by section
9603(d)(1) of the Omnibus Public Land Management Act of 2009, as
amended (43 U.S.C. 510b(d)(1)): Provided further, That of the funds
identified in the preceding proviso, $100,000,000 shall be made
available for reserved or transferred works that have suffered a
critical failure, in accordance with section 40904(a) of division D of
this Act, and $100,000,000 shall be made available for dam
rehabilitation, reconstruction, or replacement in accordance with
section 40904(b) of division D of this Act: Provided further, That of
the amount provided under this heading in this Act for fiscal years
2022 through 2026, $1,000,000,000 shall be for rural water projects
that have been authorized by an Act of Congress before July 1, 2021, in
accordance with the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.): Provided further, That of the amount provided
under this heading in this Act for fiscal years 2022 through 2026,
$1,000,000,000 shall be for water recycling and reuse projects:
Provided further, That of the funds identified in the preceding
proviso, $550,000,000 shall be for water recycling and reuse projects
authorized in accordance with the Reclamation Wastewater and
Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.), as
described in section 40901(4)(A) of division D of this Act, and
$450,000,000 shall be for large-scale water recycling and reuse
projects in accordance with section 40905 of division D of this Act:
Provided further, That of the amount provided under this heading in
this Act for fiscal years 2022 through 2026, $250,000,000 shall be for
water desalination projects in accordance with the Water Desalinization
Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), as described in
section 40901(5) of division D of this Act: Provided further, That of
the amount provided under this heading in this Act for fiscal years
2022 through 2026, $500,000,000 shall be for the safety of dams
program, in accordance with the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 506 et seq.): Provided further, That of the amount provided
under this heading in this Act for fiscal years 2022 through 2026,
$400,000,000 shall be for WaterSMART Grants in accordance with section
9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10364): Provided further, That of the funds identified in the
preceding proviso, $100,000,000 shall be for projects that would
improve the condition of a natural feature or nature-based feature, as
described in section 40901(7) of division D of this Act: Provided
further, That of the amount provided under this heading in this Act for
fiscal years 2022 through 2026, $300,000,000 shall be for implementing
the drought contingency plan consistent with the obligations of the
Secretary under the Colorado River Drought Contingency Plan
Authorization Act (Public Law 116-14; 133 Stat. 850), as described in
section 40901(8) of division D of this Act: Provided further, That of
the funds identified in the preceding proviso, $50,000,000 shall be for
use in accordance with the Drought Contingency Plan for the Upper
Colorado River Basin: Provided further, That of the amount provided
under this heading in this Act for fiscal years 2022 through 2026,
$100,000,000 shall be to provide financial assistance for watershed
management projects in accordance with subtitle A of title VI of the
Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.):
Provided further, That of the amount provided under this heading in
this Act for fiscal years 2022 through 2026, $250,000,000 shall be for
design, study and construction of aquatic ecosystem restoration and
protection projects in accordance with section 1109 of the Consolidated
Appropriations Act, 2021: Provided further, That of the amount
provided under this heading in this Act for fiscal years 2022 through
2026, $100,000,000 shall be for multi-benefit projects to improve
watershed health in accordance with section 40907 of division D of this
Act: Provided further, That of the amounts provided under this heading
in this Act for fiscal years 2022 through 2026, $50,000,000 shall be
for endangered species recovery and conservation programs in the
Colorado River Basin in accordance with Public Law 106-392, title XVIII
of Public Law 102-575, and subtitle E of title IX of Public Law 111-11:
Provided further, That up to three percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for program administration and policy expenses:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall submit to
the House and Senate Committees on Appropriations a detailed spend
plan, including a list of project locations of the preceding proviso,
to be funded for fiscal year 2022: Provided further, That beginning
not later than 120 days after the enactment of this Act, the Secretary
of the Interior shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of the funds provided under this heading
in this Act: Provided further, That for fiscal years 2023 through
2026, as part of the annual budget submission of the President under
section 1105(a) of title 31, United States Code, the Secretary of the
Interior shall submit a detailed spend plan for those fiscal years,
including a list of project locations: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For an additional amount for ``Energy Efficiency and Renewable
Energy'', $16,264,000,000 to remain available until expended:
Provided, That of the amount provided under this heading in this Act,
$250,000,000 shall be for activities for the Energy Efficiency
Revolving Loan Fund Capitalization Grant Program, as authorized under
section 40502 of division D of this Act: Provided further, That of the
amount provided under this heading in this Act, $40,000,000 shall be
for grants for the Energy Auditor Training Grant Program, as authorized
under section 40503 of division D of this Act: Provided further, That
of the amount provided under the heading in this Act, $225,000,000
shall be for grants for implementing of updated building energy codes,
as authorized under section 309 of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.), as amended by section 40511(a)
of division D of this Act: Provided further, That of the funds in the
preceding proviso, $45,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $45,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$45,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $45,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$45,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $10,000,000 shall be for
Building, Training, and Assessment Centers, as authorized under section
40512 of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $10,000,000 shall be for
grants for Career Skills Training, as authorized under section 40513 of
division D of this Act: Provided further, That of the amount provided
under this heading in this Act, $150,000,000 shall be for activities
for Industrial Research and Assessment Centers, as authorized under
subsections (a) through (h) of section 457 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by
section 40521(b) of division D of this Act: Provided further, That of
the funds in the preceding proviso, $30,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$30,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $30,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $30,000,000, to
remain available until expended, shall be made available for fiscal
year 2025, and $30,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That of the
amount provided under this heading in this Act, $400,000,000 shall be
for activities for Implementation Grants for Industrial Research and
Assessment Centers, as authorized under section 457(i) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as
amended by section 40521(b) of division D of this Act: Provided
further, That of the funds in the preceding two provisos, $80,000,000,
to remain available until expended, shall be made available for fiscal
year 2022, $80,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $80,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$80,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $80,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be for carrying out activities for Manufacturing
Leadership, as authorized under section 40534 of division D of this
Act: Provided further, That of the amount provided under this heading
in this Act, $500,000,000 shall be for grants for Energy Efficiency
Improvements and Renewable Energy Improvements at Public School
Facilities, as authorized under section 40541 of division D of this
Act: Provided further, That of the funds in the preceding proviso,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $100,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $100,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act, $50,000,000 shall be for grants for the Energy Efficiency
Materials Pilot Program, as authorized under section 40542 of division
D of this Act: Provided further, That of the amount provided under
this heading in this Act and in addition to amounts otherwise made
available for this purpose, $3,500,000,000 shall be for carrying out
activities for the Weatherization Assistance Program, as authorized
under part A of title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.): Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $550,000,000 shall be for
carrying out activities for the Energy Efficiency and Conservation
Block Grant Program, as authorized under section 542(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17152(a)): Provided
further, That of the amount provided under this heading in this Act,
$250,000,000 shall be for grants for the Assisting Federal Facilities
with Energy Conservation Technologies Grant Program, as authorized
under section 546(b) of the National Energy Conservation Policy Act (42
U.S.C. 8256(b)): Provided further, That of the amount provided under
this heading in this Act, $10,000,000 shall be for extended product
system rebates, as authorized under section 1005 of the Energy Act of
2020 (42 U.S.C. 6311 note; Public Law 116-260): Provided further, That
of the amount provided under this heading in this Act, $10,000,000
shall be for energy efficient transformer rebates, as authorized under
section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law
116-260): Provided further, That of the amount provided under this
heading in this Act, $3,000,000,000, to remain available until
expended, shall be for Battery Material Processing Grants, as
authorized under section 40207(b) of division D of this Act: Provided
further, That of the funds in the preceding proviso, $600,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $600,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $600,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$3,000,000,000 shall be for Battery Manufacturing and Recycling Grants,
as authorized under section 40207(c) of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $600,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $600,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $600,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act, $125,000,000 shall be to carry out activities, as authorized
under section 40207(f) of division D of this Act: Provided further,
That of the amount provided under this heading in this Act, $10,000,000
shall be for a Lithium-Ion Battery Recycling Prize Competition, as
authorized under section 40207(e) of division D of this Act: Provided
further, That of the amount provided under this heading in this Act,
$200,000,000 shall be for grants for the Electric Drive Vehicle Battery
Recycling and Second-Life Applications Program, as authorized under
subsection (k) of section 641 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17231), as amended by section 40208(1) of
division D of this Act: Provided further, That of the funds in the
preceding proviso, $40,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $40,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$40,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $40,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$40,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $750,000,000 shall be for
grants for the Advanced Energy Manufacturing and Recycling Grant
Program, as authorized under section 40209 of division D of this Act:
Provided further, That of the funds in the preceding proviso,
$150,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $150,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $150,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $150,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act, $500,000,000 shall be for activities for the Clean Hydrogen
Manufacturing Recycling Research, Development, and Demonstration
Program, as authorized under section 815 of the Energy Policy Act of
2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under the heading in this Act, $1,000,000,000 shall be for
activities for the Clean Hydrogen Electrolysis Program, as authorized
under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.), as amended by section 40314 of division D of this Act: Provided
further, That of the funds in the preceding proviso, $200,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$500,000,000 shall be for carrying out activities for the State Energy
Program, as authorized under part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section
40109 of division D of this Act: Provided further, That of the amount
provided under this heading in this Act, $125,000,000 shall be for
carrying out activities under section 242 of the Energy Policy Act of
2005 (42 U.S.C. 15881), as amended by section 40331 of division D of
this Act: Provided further, That of the amount provided under this
heading in this Act, $75,000,000 shall be for carrying out activities
under section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882),
as amended by section 40332 of division D of this Act: Provided
further, That of the amount provided under this heading in this Act,
$553,600,000 shall be for activities for Hydroelectric Incentives, as
authorized under section 247 of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 674), as amended by section 40333(a) of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $276,800,000, to remain available until expended, shall be
made available for fiscal year 2022, $276,800,000, to remain available
until expended, shall be made available for fiscal year 2023: Provided
further, That of the amount provided under the heading in this Act,
$10,000,000 shall be for activities for the Pumped Storage Hydropower
Wind and Solar Integration and System Reliability Initiative, as
authorized under section 3201 of the Energy Policy Act of 2020 (42
U.S.C. 17232), as amended by section 40334 of division D of this Act:
Provided further, That of the amount provided under this heading in
this Act, $36,000,000 shall be for carrying out activities, as
authorized under section 634 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17213): Provided further, That of the amount
provided under this heading in this Act, $70,400,000 shall be for
carrying out activities, as authorized under section 635 of the Energy
Independence and Security Act of 2007 (42 U.S.C.17214): Provided
further, That of the amount provided under this heading in this Act,
$40,000,000 shall be for carrying out activities for the National
Marine Energy Centers, as authorized under section 636 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17215): Provided
further, That of the amount provided under this heading in this Act,
$84,000,000 shall be for carrying out activities under section 615(d)
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17194(d)): Provided further, That of the amount provided under this
heading in this Act, $60,000,000 shall be for carrying out activities
for the Wind Energy Technology Program, as authorized under section
3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)): Provided
further, That of the amount provided under this heading in this Act,
$40,000,000 shall be for carrying out activities for the Wind Energy
Technology Recycling Research, Development, and Demonstration Program,
as authorized under section 3003(b)(4) of the Energy Act of 2020 (42
U.S.C. 16237(b)(4)): Provided further, That of the amount provided
under this heading in this Act, $40,000,000 shall be for carrying out
activities under section 3004(b)(2) of the Energy Act of 2020 (42
U.S.C. 16238(b)(2)): Provided further, That of the amount provided
under this heading in this Act, $20,000,000 shall be for carrying out
activities under section 3004(b)(3) of the Energy Act of 2020 (42
U.S.C. 16238(b)(3)): Provided further, That of the amount provided
under this heading in this Act, $20,000,000 shall be for carrying out
activities under section 3004(b)(4) of the Energy Act of 2020 (42
U.S.C. 16238(b)(4)): Provided further, That not later than 90 days
after the date of enactment of this Act, the Secretary of Energy shall
submit to the House and Senate Committees on Appropriations and the
Senate Committee on Energy and Natural Resources and the House
Committee on Energy and Commerce a detailed spend plan for fiscal year
2022: Provided further, That for each fiscal year through 2026, as
part of the annual budget submission of the President under section
1105(a) of title 31, United States Code, the Secretary of Energy shall
submit a detailed spend plan for that fiscal year: Provided further,
That up to three percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026 shall be
for program direction: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Cybersecurity, Energy Security, and Emergency Response
For an additional amount for ``Cybersecurity, Energy Security, and
Emergency Response'', $550,000,000, to remain available until expended:
Provided, That of the amount provided under this heading in this Act,
$250,000,000 shall be to carry out activities under the Cybersecurity
for the Energy Sector Research, Development, and Demonstration Program,
as authorized in section 40125(b) of division D of this Act: Provided
further, That of the funds in the preceding proviso, $50,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $50,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $50,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $50,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be to carry out activities under the Energy Sector
Operational Support for Cyberresilience Program, as authorized in
section 40125(c) of division D of this Act: Provided further, That of
the amount provided under this heading in this Act, $250,000,000, to
carry out activities under the Rural and Municipal Utility Advanced
Cybersecurity Grant and Technical Assistance Program, as authorized in
section 40124 of division D of this Act: Provided further, That
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $50,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $50,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $50,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $50,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall submit to the
House and Senate Committees on Appropriations and the Senate Committee
on Energy and Natural Resources and the House Committee on Energy and
Commerce a detailed spend plan for fiscal year 2022: Provided further,
That for each fiscal year through 2026, as part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Energy shall submit a detailed spend plan
for that fiscal year: Provided further, That up to three percent of
the amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026 shall be for program direction:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Electricity
For an additional amount for ``Electricity'', $8,100,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $5,000,000,000 shall be for grants
under section 40101 of division D of this Act: Provided further, That
of the funds in the preceding proviso, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$50,000,000 shall be to carry out the Transmission Facilitation
Program, including for any administrative expenses of carrying out the
program, as authorized in section 40106(d)(3) of division D of this
Act: Provided further, That of the funds in the preceding proviso,
$10,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $10,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $10,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $10,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $10,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act and in addition to amounts otherwise made available for this
purpose, $3,000,000,000, to remain available until expended, shall be
to carry out activities under the Smart Grid Investment Matching Grant
Program, as authorized in section 1306 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of
division D of this Act: Provided further, That of the funds in the
preceding proviso, $600,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $600,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $50,000,000 shall be to carry
out an advanced energy security program to secure energy networks, as
authorized under section 40125(d) of division D of this Act: Provided
further, That not later than 90 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the House and Senate
Committees on Appropriations and the Senate Committee on Energy and
Natural Resources and the House Committee on Energy and Commerce a
detailed spend plan for fiscal year 2022: Provided further, That for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary of Energy shall submit a detailed spend plan for that
fiscal year: Provided further, That up to three percent of the amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026 shall be for program direction: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Nuclear Energy
For an additional amount for ``Nuclear Energy'', $6,000,000,000, to
remain available until expended, to carry out activities under the
Civil Nuclear Credit Program, as authorized in section 40323 of
division D of this Act: Provided, That $1,200,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That not later than 90 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for fiscal year
2022: Provided further, That for each fiscal year through 2026, as
part of the annual budget submission of the President under section
1105(a) of title 31, United States Code, the Secretary of Energy shall
submit a detailed spend plan for that fiscal year: Provided further,
That up to $36,000,000 of the amount provided under this heading in
this Act shall be made available in each of fiscal years 2022 through
2026 for program direction: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Fossil Energy and Carbon Management
For an additional amount for ``Fossil Energy and Carbon
Management'', $7,497,140,781, to remain available until expended:
Provided, That of the amount provided under this heading in this Act,
$310,140,781 shall be to carry out activities under the Carbon
Utilization Program, as authorized in section 969A of the Energy Policy
Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $41,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $65,250,000, to remain available until
expended, shall be made available for fiscal year 2023, $66,562,500, to
remain available until expended, shall be made available for fiscal
year 2024, $67,940,625, to remain available until expended, shall be
made available for fiscal year 2025, and $69,387,656, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act, $100,000,000 shall be used to carry out the front-end
engineering and design program out activities under the Carbon Capture
Technology Program, as authorized in section 962 of the Energy Policy
Act of 2005 (42 U.S.C. 16292), as amended by section 40303 of division
D of this Act: Provided further, That of the funds in the preceding
proviso, $20,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $20,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $20,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $20,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $20,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act, $2,500,000,000 shall be to carry out activities for the
Carbon Storage Validation and Testing, as authorized section 963 of the
Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by section
40305 of division D of this Act: Provided further, That of the funds
in the preceding proviso, $500,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $500,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $500,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $500,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$500,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $3,500,000,000 shall be to
carry out a program to develop four regional clean direct air capture
hubs, as authorized under section 969D of the Energy Policy Act of 2005
(42 U.S.C. 16298d), as amended by section 40308 of division D of this
Act: Provided further, That of the funds in the preceding proviso,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $700,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $700,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $700,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $700,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act and in addition to amounts otherwise made available for this
purpose, $15,000,000 shall be for precommercial direct air capture
technology prize competitions, as authorized under section
969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C.
16298d(e)(2)(A)): Provided further, That of the amount provided under
this heading in this Act and in addition to amounts otherwise made
available for this purpose, $100,000,000 shall be for commercial direct
air capture technology prize competitions, as authorized under section
969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16298d(e)(2)(B)): Provided further, That for amounts identified in the
preceding proviso, the Secretary shall enter pre-construction
commitments with selected projects for future awards for qualified
carbon dioxide capture: Provided further, That of the amount provided
under this heading in this Act, $140,000,000 shall be for a Rare Earth
Elements Demonstration Facility, as authorized under section 7001 of
the Energy Act of 2020 (42 U.S.C. 13344), as amended by section 40205
of division D of this Act: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $127,000,000 shall be to
carry out rare earth mineral security activities, as authorized under
section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)):
Provided further, That of the funds in the preceding proviso,
$23,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $24,200,000, to remain available until
expended, shall be made available for fiscal year 2023, $25,400,000, to
remain available until expended, shall be made available for fiscal
year 2024, $26,600,000, to remain available until expended, shall be
made available for fiscal year 2025, and $27,800,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the amount provided under this heading in
this Act and in addition to amounts otherwise made available for this
purpose, $600,000,000 shall be to carry out critical material
innovation, efficiency, and alternatives activities under section
7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)): Provided
further, That of the funds in the preceding proviso, $230,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $135,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$135,000,000, to remain available until expended, shall be made
available for fiscal year 2025: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $75,000,000 shall be for the
Critical Material Supply Chain Research Facility, as authorized under
section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h)):
Provided further, That of the funds in the preceding proviso,
$40,000,000, to remain available until expended, shall be made
available for fiscal year 2022, and $35,000,000, to remain available
until expended, shall be made available for fiscal year 2023: Provided
further, That of the amount provided under this heading in this Act,
$30,000,000 shall be to carry out activities authorized in section
349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as
amended by section 40601 of division D of this Act: Provided further,
That not later than 90 days after the date of enactment of this Act,
the Secretary of Energy shall submit to the House and Senate Committees
on Appropriations a detailed spend plan for fiscal year 2022: Provided
further, That for each fiscal year through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Energy shall submit a detailed
spend plan for that fiscal year: Provided further, That up to three
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for program direction:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Carbon Dioxide Transportation Infrastructure Finance and Innovation
Program Account
For an additional amount for ``Carbon Dioxide Transportation
Infrastructure Finance and Innovation Program Account'',
$2,100,000,000, to remain available until expended, to carry out
activities for the Carbon Dioxide Transportation Infrastructure Finance
and Innovation Program, as authorized by subtitle J of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as amended by
section 40304(a) of division D of this Act: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That $3,000,000, to remain available until expended, shall be made
available for fiscal year 2022 and $2,097,000,000, to remain available
until expended, shall be made available for fiscal year 2023: Provided
further, That the amount made available under this heading in this Act
for fiscal year 2022 shall be for administrative expenses to carry out
the loan program: Provided further, That the Office of Fossil Energy
and Carbon Management shall oversee the Carbon Dioxide Transportation
Infrastructure Finance and Innovation program, in consultation and
coordination with the Department of Energy's Loan Program Office:
Provided further, That not later than 270 days after the date of
enactment of this Act, the Secretary of Energy shall submit to the
House and Senate Committees on Appropriations an analysis of how
subsidy rates will be determined for loans financed by appropriations
provided under this heading in this Act and an analysis of the process
for developing draft regulations for the program, including a crosswalk
from the statutory requirements for such program, and a timetable for
publishing such regulations: Provided further, That for each fiscal
year through 2027, the annual budget submission of the President under
section 1105(a) of title 31, United States Code, shall include a
detailed request for the amount recommended for allocation for the
Carbon Dioxide Transportation Finance and Innovation program from
amounts provided under this heading in this Act and such detailed
request shall include any information required pursuant to the Federal
Credit Reform Act of 1990, such as credit subsidy rates, a loan
limitation, and necessary administrative expenses to carry out the loan
program: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Clean Energy Demonstrations
For an additional amount for ``Office of Clean Energy
Demonstrations'', $21,456,000,000, to remain available until expended:
Provided, That the Office of Clean Energy Demonstrations, as authorized
by section 41201 of division D of this Act, shall conduct
administrative and project management responsibilities for the
demonstration projects provided for under this heading in this Act:
Provided further, That the Office of Clean Energy Demonstrations shall
consult and coordinate with technology-specific program offices to
ensure alignment of technology goals and avoid unnecessary duplication:
Provided further, That of the amount provided under this heading in
this Act and in addition to amounts otherwise made available for this
purpose, $355,000,000 shall be to carry out the Energy Storage
Demonstration Pilot Grant Program, as authorized under section 3201(c)
of the Energy Act of 2020 (42 U.S.C. 17232(c)): Provided further, That
of the funds in the preceding proviso, $88,750,000, to remain available
until expended, shall be made available for fiscal year 2022,
$88,750,000, to remain available until expended, shall be made
available for fiscal year 2023, $88,750,000, to remain available until
expended, shall be made available for fiscal year 2024, $88,750,000, to
remain available until expended, shall be made available for fiscal
year 2025: Provided further, That of the amount provided under this
heading in this Act and in addition to amounts otherwise made available
for this purpose, $150,000,000 to carry out the Long-duration
Demonstration Initiative and Joint Program, as authorized under section
3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)): Provided
further, That of the funds in the preceding proviso, $37,500,000, to
remain available until expended, shall be made available for fiscal
year 2022, $37,500,000, to remain available until expended, shall be
made available for fiscal year 2023, $37,500,000, to remain available
until expended, shall be made available for fiscal year 2024,
$37,500,000, to remain available until expended, shall be made
available for fiscal year 2025: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $2,477,000,000 shall be to
carry out the Advanced Reactor Demonstration Program, as authorized
under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a):
Provided further, That of the funds in the preceding proviso,
$677,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $600,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $600,000,000, to remain available until expended, shall be
made available for fiscal year 2025: Provided further, That funds in
the preceding proviso shall be for projects selected prior to the date
of enactment of this Act: Provided further, That of the amount
provided under this heading in this Act and in addition to amounts
otherwise made available for this purpose, $937,000,000 shall be to
carry out the Carbon Capture Large-scale Pilot Projects, as authorized
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(B)): Provided further, That of the funds in the preceding
proviso, $387,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $150,000,000, to remain available until
expended, shall be made available for fiscal year 2025: Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$2,537,000,000 shall be for the Carbon Capture Demonstration Projects
Program, as authorized under section 962(b)(2)(C) of the Energy Policy
Act of 2005 (42 U.S.C. 16292(b)(2)(C)): Provided further, That of the
funds in the preceding proviso, $937,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $500,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $500,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $600,000,000, to remain available
until expended, shall be made available for fiscal year 2025: Provided
further, That of the amount provided under this heading in this Act and
in addition to amounts otherwise made available for this purpose,
$500,000,000 shall be to carry out Industrial Emission Demonstration
Projects, as authorized under section 454(d)(3) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)):
Provided further, That of the funds in the preceding proviso,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $150,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $150,000,000, to remain available until expended, shall be
made available for fiscal year 2025: Provided further, That of the
amount provided under this heading in this Act and in addition to
amounts otherwise made available for this purpose, $500,000,000 shall
be to carry out the Clean Energy Demonstration Program on Current and
Former Mine Land, as authorized under section 40342 of division D of
this Act: Provided further, That of the funds in the preceding
proviso, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $100,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amount
provided under this heading in this Act, $8,000,000,000 shall be made
for Regional Clean Hydrogen Hubs, as authorized under section 813 of
the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by
section 40314 of division D of this Act: Provided further, That of the
funds in the preceding proviso, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$5,000,000,000 shall be for grants for the Program Upgrading Our
Electric Grid and Ensuring Reliability and Resiliency, as authorized
under section 40103(b) of division D of this Act: Provided further,
That of the funds in the preceding proviso, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the amount provided under this heading in this Act,
$1,000,000,000 shall be to carry out activities for energy improvement
in rural and remote areas, as authorized under section 40103(c) of
division D of this Act: Provided further, That of the funds in the
preceding proviso, $200,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $200,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That not later than
90 days after the date of enactment of this Act, the Secretary of
Energy shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for fiscal year 2022: Provided
further, That for each fiscal year through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Energy shall submit a detailed
spend plan for that fiscal year: Provided further, That up to three
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for program direction:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including transfer of funds)
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$500,000,000, to remain available until expended, for the purchase of
power and transmission services: Provided, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall be reimbursable from amounts
collected by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses: Provided further, That
such amounts as the Administrator, Western Area Power Administration,
deems necessary for the same purposes as outlined above may be
transferred to Western Area Power Administration's Colorado River
Basins Power Marketing Fund account: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer of funds)
Sec. 301. Notwithstanding section 3304 of title 5, United States
Code, and without regard to the provisions of sections 3309 through
3318 of such title 5, the Secretary of Energy, upon a determination
that there is a severe shortage of candidates or a critical hiring need
for particular positions to carry out the Department of Energy
activities funded under this title, may, from within the funds provided
to the Department of Energy under this title, recruit and directly
appoint highly qualified individuals into the competitive service:
Provided, That such authority shall not apply to positions in the
Excepted Service or the Senior Executive Service: Provided further,
That any action authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the Department shall
comply with the public notice requirements of section 3327 of such
title 5: Provided further, That the authority under this section shall
terminate on September 30, 2027: Provided further, That 180 days after
the date of enactment of this Act, the Secretary of Energy shall submit
to the House and Senate Committees on Appropriations an estimate of the
number of highly qualified individuals it expects to hire under the
authority provided in this section.
Sec. 302. Up to one-tenth of one percent of each amount
appropriated to the Department of Energy in this title may be
transferred to ``Departmental Administration'' to be used for
additional management and mission support for funds made available to
the Department of Energy in this title in this Act.
Sec. 303. One-tenth of one percent of the amounts made available
to the Department of Energy under each heading in this title in this
Act in each of fiscal years 2022 through 2026 shall be transferred to
the Office of the Inspector General of the Department of Energy to
oversee the funds made available to the Department of Energy in this
title in this Act.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For an additional amount for ``Appalachian Regional Commission'',
$1,000,000,000, to remain available until expended, notwithstanding 40
U.S.C. 14704: Provided, That of the funds in the preceding proviso,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $200,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $200,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Delta Regional Authority
For an additional amount for ``Delta Regional Authority'',
$150,000,000 to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Denali Commission
For an additional amount for ``Denali Commission'', $75,000,000 to
remain available until expended: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Northern Border Regional Commission
For an additional amount for ``Northern Border Regional
Commission'', $150,000,000 to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Southeast Crescent Regional Commission
For an additional amount for ``Southeast Crescent Regional
Commission'', $5,000,000 to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Southwest Border Regional Commission
For an additional amount for ``Southwest Border Regional
Commission'', $1,250,000 to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of the National Cyber Director
salaries and expenses
For an additional amount for ``Office of the National Cyber
Director'', $21,000,000, to remain available until September 30, 2022,
to carry out the purposes of section 1752 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283): Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Communications Commission
affordable connectivity fund
For an additional amount for the ``Affordable Connectivity Fund'',
$14,200,000,000, to remain available until expended, for the Affordable
Connectivity Program, as authorized under section 904(b)(1) of division
N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as
amended by section 60502 of division F of this Act: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
federal permitting improvement steering council
environmental review improvement fund
For an additional amount for the ``Environmental Review Improvement
Fund'', $3,000,000 to remain available until September 30, 2026:
Provided, That $650,000, to remain available until September 30, 2022,
shall be made available for fiscal year 2022, $650,000, to remain
available until September 30, 2023, shall be made available for fiscal
year 2023, $650,000, to remain available until September 30, 2024,
shall be made available for fiscal year 2024, $650,000, to remain
available until September 30, 2025, shall be made available for fiscal
year 2025, and $400,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2026: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
General Services Administration
real property activities
federal buildings fund
(including transfers of funds)
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $3,418,008,000, to remain available until expended, for
construction and acquisition, and repairs and alterations of border
stations and land ports of entry, of which no more than $250,000,000
shall be for Program Contingency and Operational Support for necessary
expenses for projects funded under this heading, including, moving
governmental agencies (including space alterations and adjustments, and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space, leasing of temporary
space, and building operations, of which--
(1) $2,527,808,000 shall be for projects on the U.S. Customs
and Border Protection five-year plan;
(2) $430,200,000 shall be for projects with completed U.S.
Customs and Border Protection/General Services Administration
feasibility studies as prioritized in the ``American Jobs Plan
Project List'' submitted to the House and Senate Committees on
Appropriations on May 28, 2021; and
(3) $210,000,000 shall be for land ports of entry (LPOE)
infrastructure paving; acquisition of leased LPOEs; and additional
Federal Motor Carrier Safety Administration requirements at the
Southern Border:
Provided, That the General Services Administration shall submit a
plan, by project, regarding the use of funds made available to the
Administrator under this heading in this Act to the Committees on
Appropriations of the House of Representatives and the Senate within 90
days of enactment of this Act: Provided further, That the
Administrator of General Services shall notify the Committees on
Appropriations of the House of Representatives and the Senate quarterly
on the obligations and expenditures of the funds provided under this
heading in this Act by account of the Federal Buildings Fund: Provided
further, That funds made available under this heading in this Act for
Federal Buildings Fund activities may be transferred to, and merged
with, other accounts within the Federal Buildings Fund only to the
extent necessary to meet program requirements for such activities:
Provided further, That the General Services Administration will provide
notice in advance to the Committees on Appropriations of the House of
Representatives and the Senate of any proposed transfers: Provided
further, That funds made available to the Administrator under this
heading in this Act shall not be subject to section 3307 of title 40,
United States Code: Provided further, That amounts made available
under this heading in this Act shall be in addition to any other
amounts made available for such purposes, including for construction
and acquisition or repairs and alterations: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE V--DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'',
$330,000,000, to remain available until September 30, 2026, for
furniture, fixtures, and equipment for the land ports of entry
modernized with funding provided to the General Services Administration
in this Act: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $100,000,000, to remain available until September 30,
2026, for land port of entry construction, modernization, and
sustainment: Provided, That not later than 90 days after the date of
enactment of this Act, the Department shall submit to the House and
Senate Committees on Appropriations a detailed spend plan for the
amount made available under this heading in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$5,000,000, to remain available until September 30, 2026, for personnel
and administrative expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $429,000,000, to remain available until September 30,
2026: Provided, That of the funds made available under this heading in
this Act--
(1) $131,500,000 shall be for housing, family support, safety,
and training facilities, as described in the Coast Guard Fiscal
Year 2022 Unfunded Priorities List submitted to Congress on June
29, 2021;
(2) $158,000,000 shall be for shore construction addressing
facility deficiencies, as described in the Coast Guard Fiscal Year
2022 Unfunded Priorities List submitted to Congress on June 29,
2021;
(3) $19,500,000 shall be for shore construction supporting
operational assets and maritime commerce, as described in the Coast
Guard Fiscal Year 2022 Unfunded Priorities List submitted to
Congress on June 29, 2021; and
(4) $120,000,000 shall be for construction and improvement of
childcare development centers:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Department shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Transportation and
Infrastructure in the House of Representatives a detailed expenditure
plan, including a list of project locations under each paragraph in the
preceding proviso: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For an additional amount for ``Operations and Support'',
$35,000,000, to remain available until September 30, 2026, for risk
management operations and stakeholder engagement and requirements:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
cybersecurity response and recovery fund
For an additional amount for ``Cybersecurity Response and Recovery
Fund'', $100,000,000, to remain available until September 30, 2028, for
cyber response and recovery, as authorized by subtitle C of the
Homeland Security Act of 2002, as amended by this Act: Provided, That
$20,000,000, to remain available until September 30, 2028, shall be
made available for fiscal year 2022, $20,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2023,
$20,000,000, to remain available until September 30, 2028, shall be
made available for fiscal year 2024, $20,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2025,
and $20,000,000, to remain available until September 30, 2028, shall be
made available for fiscal year 2026: Provided further, That amounts
provided under this heading in this Act shall be available only upon a
declaration of a significant incident by the Secretary of Homeland
Security pursuant to section 2233 of the Homeland Security Act of 2002,
as amended by this Act: Provided further, That the Cybersecurity and
Infrastructure Security Agency shall provide to the Committees on
Appropriations and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations and Oversight and Reform of
the House of Representatives monthly reports, to be submitted not later
than the tenth business day following the end of each month, on the
status of funds made available under this heading in this Act,
including an accounting of the most recent funding allocation
estimates, obligations, expenditures, and unobligated funds, delineated
by significant incident, as defined in section 2232 of the Homeland
Security Act of 2002, as amended by this Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'',
$67,000,000, to remain available until September 30, 2026, for Federal
agency dam safety activities and assistance to States under sections 7
through 12 of the National Dam Safety Program Act (33 U.S.C. 467e
through 467h): Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
federal assistance
(including transfer of funds)
For an additional amount for ``Federal Assistance'',
$2,233,000,000, which shall be allocated as follows:
(1) $500,000,000, to remain available until expended, for
grants pursuant to section 205 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5135): Provided,
That $100,000,000, to remain available until expended, shall be
made available for fiscal year 2022, $100,000,000, to remain
available until expended, shall be made available for fiscal year
2023, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $100,000,000, to remain
available until expended, shall be made available for fiscal year
2025, and $100,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That in
addition to amounts made available for administrative expenses
under section 205(d)(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3
percent of the amounts made available in fiscal year 2022, 3
percent of the amounts made available in fiscal year 2023, and 3
percent of the amounts made available in each of fiscal years 2024
through 2026 under this paragraph in this Act may be transferred to
``Federal Emergency Management Agency--Operations and Support'' for
salaries and expenses.
(2) $733,000,000, to remain available until expended:
Provided, That $148,000,000 of the amounts made available under
this paragraph in this Act shall be for grants to States pursuant
to section 8(e) of the National Dam Safety Program Act (33 U.S.C.
467f(e)): Provided further, That $585,000,000 of the amounts made
available under this paragraph in this Act shall be for grants to
States pursuant to section 8A of the National Dam Safety Program
Act (33 U.S.C. 467f-2), of which no less than $75,000,000 shall be
for the removal of dams: Provided further, That dam removal
projects shall include written consent of the dam owner, if
ownership is established: Provided further, That in addition to
amounts made available for administrative expenses, no more than 3
percent of the amounts made available under this paragraph in this
Act may be transferred to ``Federal Emergency Management Agency--
Operations and Support'' for salaries and expenses.
(3) $1,000,000,000 to remain available until expended, for
grants to states, local, tribal, and territorial governments for
improvement to cybersecurity and critical infrastructure, as
authorized by section 2218 of the Homeland Security Act of 2002, as
amended by this Act: Provided, That $200,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $400,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $300,000,000, to remain
available until expended, shall be made available for fiscal year
2024, and $100,000,000, to remain available until expended, shall
be made available for fiscal year 2025: Provided further, That no
more than 3 percent of the amounts made available in each of fiscal
years 2022 through 2025 under this paragraph in this Act may be
transferred to ``Federal Emergency Management Agency--Operations
and Support'' for salaries and expenses:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$1,000,000,000, to remain available until expended, in addition to any
amounts set aside pursuant to section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for
grants pursuant to such section: Provided, That $200,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That no more than $16,500,000 of the amounts made available in
each of fiscal years 2022 through 2026 under this heading in this Act
may be transferred to ``Federal Emergency Management Agency--Operations
and Support'' for salaries and expenses: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
national flood insurance fund
For an additional amount for ``National Flood Insurance Fund'',
$3,500,000,000, to be derived from the General Fund of the Treasury, to
remain available until expended, for flood mitigation actions and for
flood mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections
1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e),
4017(a)(7), 4104d), in addition to any other funds available for this
purpose: Provided, That $700,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $700,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $700,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $700,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That notwithstanding
section 1366(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(d)), the Administrator of the Federal Emergency Management Agency
may also use amounts made available under subsection (a) to provide
flood mitigation assistance under section 1366 of that Act (42 U.S.C.
4104c) for mitigation activities in an amount up to 90 percent of all
eligible costs for a property--
(1) located within a census tract with a Centers for Disease
Control and Prevention Social Vulnerability Index score of not less
than 0.5001; or
(2) that serves as a primary residence for individuals with a
household income of not more than 100 percent of the applicable
area median income:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Science and Technology Directorate
research and development
For an additional amount for ``Research and Development'',
$157,500,000, to remain available until September 30, 2026, for
critical infrastructure security and resilience research, development,
test, and evaluation: Provided, That the funds made available under
this heading in this Act may be used for--
(1) special event risk assessments rating planning tools;
(2) electromagnetic pulse and geo-magnetic disturbance
resilience capabilities;
(3) positioning, navigation, and timing capabilities;
(4) public safety and violence prevention to evaluate soft
target security, including countering improvised explosive device
events and protection of U.S. critical infrastructure; and
(5) research supporting security testing capabilities relating
to telecommunications equipment, industrial control systems, and
open source software:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Department shall submit to the House and
Senate Committees on Appropriations a detailed spend plan for the
amount made available under this heading in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 501. One-quarter of one percent of the amounts made available
under each heading in this title in this Act in each of fiscal years
2022 through 2026 shall be transferred to the Office of the Inspector
General of the Department of the Homeland Security for oversight of
funding provided to the Department of Homeland Security in this title
in this Act.
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
resource management
(including transfers of funds)
For an additional amount for ``Resource Management'', $455,000,000,
to remain available until expended: Provided, That $91,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $91,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $91,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$91,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $91,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026, and shall be in
addition to amounts otherwise made available for such purpose--
(1) $255,000,000 shall be for the following regional ecosystem
restoration purposes--
(A) $26,000,000 shall be for Delaware River Basin
Conservation Act;
(B) $162,000,000 shall be for Klamath Basin restoration
activities, including habitat restoration, planning, design,
engineering, environmental compliance, fee acquisition,
infrastructure development, construction, operations and
maintenance, improvements, and expansion, as necessary, on
lands currently leased by the U.S. Fish and Wildlife Service
for conservation and recovery of endangered species;
(C) $17,000,000 shall be for implementing section 5(d)(2)
of the Lake Tahoe Restoration Act; and
(D) $50,000,000 shall be for sagebrush steppe ecosystem;
(2) $200,000,000 shall be for restoring fish and wildlife
passage by removing in-stream barriers and providing technical
assistance under the National Fish Passage Program:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided
further, That nothing under this heading in this Act shall be construed
as providing any new authority to remove, breach, or otherwise alter
the operations of a Federal hydropower dam and dam removal projects
shall include written consent of the dam owner, if ownership is
established: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
(including transfers of funds)
For an additional amount for ``Surveys, Investigations, and
Research'', $510,668,000, to remain available until expended, for the
Secretary of the Interior to carry out activities authorized in
sections 40201, 40204, and 41003(a) of division D of this Act:
Provided, That amounts made available under this heading in this Act
shall be allocated as follows:
(1) $320,000,000 to carry out section 40201 of division D of
this Act: Provided, That $64,000,000, to remain available until
September 30, 2024, shall be made available for fiscal year 2022,
$64,000,000, to remain available until September 30, 2025, shall be
made available for fiscal year 2023, $64,000,000, to remain
available until September 30, 2026, shall be made available for
fiscal year 2024, $64,000,000, to remain available until September
30, 2027, shall be made available for fiscal year 2025, and
$64,000,000, to remain available until September 30, 2028, shall be
made available for fiscal year 2026;
(2) $167,000,000, to remain available until expended, for
fiscal year 2022 to carry out section 40204 of division D of this
Act;
(3) $23,668,000 to carry out section 41003(a) of division D of
this Act: Provided, That $8,668,000, to remain available until
September 30, 2024, shall be made available for fiscal year 2022,
$5,000,000, to remain available until September 30, 2025, shall be
made available for fiscal year 2023, $5,000,000, to remain
available until September 30, 2026, shall be made available for
fiscal year 2024, and $5,000,000, to remain available until
September 30, 2027, shall be made available for fiscal year 2025:
Provided further, That amounts provided under this heading in this
Act shall be in addition to amounts otherwise available for such
purposes: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of the Interior for oversight of funding
provided to the Department of the Interior in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of Surface Mining Reclamation and Enforcement
abandoned mine reclamation fund
(including transfers of funds)
For an additional amount to be deposited in the ``Abandoned Mine
Reclamation Fund'', $11,293,000,000, to remain available until
expended, to carry out section 40701 of division D of this Act:
Provided, That of the amount provided under this heading in this Act,
$25,000,000, to remain available until expended, shall be to carry out
activities as authorized in section 40701(g) of division D of this Act:
Provided further, That up to 3 percent of the amounts made available
under this heading in this Act shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act shall be
transferred to the Office of Inspector General of the Department of the
Interior for oversight of funding provided to the Department of the
Interior in this title in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For an additional amount for ``Operation of Indian Programs'',
$216,000,000, to remain available until expended for tribal climate
resilience, adaptation, and community relocation planning, design, and
implementation of projects which address the varying climate challenges
facing tribal communities across the country: Provided, That of the
funds in the preceding proviso, $43,200,000, to remain available until
expended, shall be made available for fiscal year 2022, $43,200,000, to
remain available until expended, shall be made available for fiscal
year 2023, $43,200,000, to remain available until expended shall be
made available for fiscal year 2024, $43,200,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$43,200,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under the preceding proviso for fiscal years 2022
through 2026, $130,000,000 shall be for community relocation, and
$86,000,000 shall be for tribal climate resilience and adaptation
projects: Provided further, That up to 3 percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided
further, That awards made under subsection (d) to Tribes and Tribal
organizations under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) shall be considered non-
recurring and shall not be part of the amount required by section 106
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5325), and such funds shall only be used for the purposes
identified in this section: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
construction
(including transfers of funds)
For an additional amount for ``Construction'', $250,000,000, to
remain available until expended, for construction, repair, improvement,
and maintenance of irrigation and power systems, safety of dams, water
sanitation, and other facilities: Provided, That any funds provided
for the Safety of Dams program pursuant to the Act of November 2, 1921
(25 U.S.C. 13), shall be made available on a nonreimbursable basis:
Provided further, That $50,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $50,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $50,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the funds
made available under this heading in this Act for fiscal years 2022
through 2026--
(1) Not less than $50,000,000 shall be for addressing
irrigation and power systems; and
(2) $200,000,000 shall be for safety of dams, water sanitation,
and other facilities:
Provided further, That up to 3 percent of the amounts made available
under this heading in this Act in each of fiscal years 2022 through
2026 shall be for salaries, expenses, and administration: Provided
further, That one-half of one percent of the amounts made available
under this heading in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General of the
Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Departmental Offices
Office of the Secretary
departmental operations
(including transfers of funds)
For an additional amount for ``Departmental Operations'',
$905,000,000, to remain available until expended, for the Secretary of
the Interior to carry out activities, as authorized in section 40804 of
division D of this Act: Provided, That $337,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$142,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $142,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $142,000,000,
to remain available until expended, shall be made available for fiscal
year 2025, and $142,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That the
Secretary may transfer the funds provided under this heading in this
Act to any other account in the Department of the Interior to carry out
such purposes: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture, acting through the Chief of the
Forest Service, may authorize the transfer of funds provided under this
heading in this Act between the Departments for the purpose of carrying
out activities as authorized in section 40804(b)(1) of division D of
this Act: Provided further, That up to 3 percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector General of
the Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$1,458,000,000, to remain available until expended: Provided, That
$407,600,000, to remain available until expended, shall be made
available for fiscal year 2022, $262,600,000, to remain available until
expended, shall be made available for fiscal year 2023, $262,600,000,
to remain available until expended, shall be made available for fiscal
year 2024, $262,600,000, to remain available until expended, shall be
made available for fiscal year 2025, and $262,600,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following purposes
for the following fiscal years--
(1) $1,055,000,000 for the Secretary of the Interior to carry
out activities for the Department of the Interior, as authorized in
section 40803 of division D of this Act, including fuels management
activities, of which $327,000,000, to remain available until
expended, shall be made available for fiscal year 2022 and
$182,000,000, to remain available until expended, shall be made
available for each of fiscal years 2023 through 2026;
(2) In addition to amounts made available in paragraph (1) for
fuels management activities, $35,600,000 for each of fiscal years
2022 through 2026 for such purpose; and
(3) In addition to amounts made available in paragraph (1) for
burned area rehabilitation, $45,000,000 for each of fiscal years
2022 through 2026 for such purpose:
Provided further, That up to $2,000,000 for each of fiscal years 2022
through 2026 from funds made available in paragraphs (2) and (3) of the
preceding proviso shall be for implementation of the Tribal Forestry
Protection Act, as amended (Public Law 108-278): Provided further,
That the Secretary may transfer the funds provided under this heading
in this Act to any other account in the Department of the Interior to
carry out such purposes: Provided further, That funds appropriated
under this heading in this Act may be transferred to the United States
Fish and Wildlife Service and the National Marine Fisheries Service for
the costs of carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be transferred to the Office of Inspector
General of the Department of the Interior for oversight of funding
provided to the Department of the Interior in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Energy Community Revitalization Program
(including transfers of funds)
For an additional amount for Department-Wide Programs,
$4,677,000,000, to remain available until expended, for an Energy
Community Revitalization program to carry out orphaned well site
plugging, remediation, and restoration activities authorized in section
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by
section 40601 of division D of this Act: Provided, That of the funds
made available under this heading in this Act, the following amounts
shall be for the following purposes--
(1) $250,000,000, to remain available until September 30, 2030,
shall be to carry out activities authorized in section 349(b) of
the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as amended by
section 40601 of division D of this Act;
(2) $775,000,000, to remain available until September 30, 2030,
shall be to carry out activities authorized in section 349(c)(3) of
the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(3)), as amended
by section 40601 of division D of this Act;
(3) $2,000,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(4)),
as amended by section 40601 of division D of this Act;
(4) $1,500,000,000, to remain available until September 30,
2030, shall be to carry out activities authorized in section
349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(5)),
as amended by section 40601 of division D of this Act;
(5) $150,000,000, to remain available until September 30, 2030,
shall be to carry out activities authorized in section 349(d) of
the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as amended by
section 40601 of division D of this Act;
Provided further, That of the amount provided under this heading in
this Act, $2,000,000 shall be provided by the Secretary through a
cooperative agreement with the Interstate Oil and Gas Compact
Commission to carry out the consultations authorized in section 349 of
the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section
40601 of division D of this Act: Provided further, That amounts
provided under this heading in this Act shall be in addition to amounts
otherwise available for such purposes: Provided further, That amounts
provided under this heading in this Act are not available to fulfill
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) obligations agreed to in settlement or imposed by a court,
whether for payment of funds or for work to be performed: Provided
further, That the Secretary may transfer the funds provided under this
heading in this Act to any other account in the Department of the
Interior to carry out such purposes: Provided further, That the
Secretary may transfer funds made available in paragraph (1) of the
first proviso under this heading to the Secretary of Agriculture,
acting through the Chief of the Forest Service, to carry out such
purposes: Provided further, That up to 3 percent of the amounts made
available under this heading in this Act shall be for salaries,
expenses, and administration: Provided further, That one-half of one
percent of the amounts made available under this heading in this Act
shall be transferred to the Office of Inspector General of the
Department of the Interior for oversight of funding provided to the
Department of the Interior in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
General Provisions, Department of the Interior
Sec. 601. Not later than 90 days after the date of enactment of
this Act, the Secretary of the Interior shall submit to the House and
Senate Committees on Appropriations a detailed spend plan for the funds
provided to the Department of the Interior in this title in this Act
for fiscal year 2022, and for each fiscal year through 2026, as part of
the annual budget submission of the President under section 1105(a) of
title 31, United States Code, the Secretary of the Interior shall
submit a detailed spend plan for the funds provided to the Department
of the Interior in this title in this Act for that fiscal year.
ENVIRONMENTAL PROTECTION AGENCY
Environmental Programs and Management
(including transfers of funds)
For an additional amount for ``Environmental Programs and
Management'', $1,959,000,000, which shall be allocated as follows:
(1) $1,717,000,000, to remain available until expended, for
Geographic Programs as specified in the explanatory statement
described in section 4 of the matter preceding division A of Public
Law 116-260: Provided, That $343,400,000, to remain available
until expended, shall be made available for fiscal year 2022,
$343,400,000, to remain available until expended, shall be made
available for fiscal year 2023, $343,400,000, to remain available
until expended, shall be made available for fiscal year 2024,
$343,400,000, to remain available until expended, shall be made
available for fiscal year 2025, and $343,400,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the funds made available in this
paragraph in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026--
(A) $1,000,000,000 shall be for Great Lakes Restoration
Initiative;
(B) $238,000,000 shall be for Chesapeake Bay;
(C) $24,000,000 shall be for San Francisco Bay;
(D) $89,000,000 shall be for Puget Sound;
(E) $106,000,000 shall be for Long Island Sound;
(F) $53,000,000 shall be for Gulf of Mexico;
(G) $16,000,000 shall be for South Florida;
(H) $40,000,000 shall be for Lake Champlain;
(I) $53,000,000 shall be for Lake Pontchartrain;
(J) $15,000,000 shall be for Southern New England
Estuaries;
(K) $79,000,000 shall be for Columbia River Basin; and
(L) $4,000,000 shall be for other geographic activities
which includes Pacific Northwest:
Provided further, That the Administrator may waive or reduce the
required non-Federal share for amounts made available under this
paragraph in this Act for the purposes described in the preceding
proviso;
(2) $132,000,000, to remain available until expended, for the
National Estuary Program grants under section 320(g)(2) of the
Federal Water Pollution Control Act, notwithstanding the funding
limitation in section 320(i)(2)(B) of the Act: Provided, That
$26,400,000, to remain available until expended, shall be made
available for fiscal year 2022, $26,400,000, to remain available
until expended, shall be made available for fiscal year 2023,
$26,400,000, to remain available until expended, shall be made
available for fiscal year 2024, $26,400,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$26,400,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the
Administrator may waive or reduce the required non-Federal share
for amounts made available under this paragraph in this Act:
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act shall be for salaries,
expenses, and administration;
(3) $60,000,000, to remain available until expended, for
actions under the Gulf Hypoxia Action Plan: Provided, That
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $12,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$12,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds shall
be provided annually to the twelve states serving as members of the
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
(Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota,
Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal
amounts for each state for the period of fiscal year 2022 to fiscal
year 2026: Provided further, That up to three percent of the
amounts made available under this paragraph in this Act shall be
for salaries, expenses, and administration;
(4) $25,000,000, to remain available until expended, to support
permitting of Class VI wells as authorized under section 40306 of
division D of this Act, to be carried out by Drinking Water
Programs: Provided, That $5,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $5,000,000,
to remain available until expended, shall be made available for
fiscal year 2023, $5,000,000, to remain available until expended,
shall be made available for fiscal year 2024, $5,000,000, to remain
available until expended, shall be made available for fiscal year
2025, and $5,000,000, to remain available until expended, shall be
made available for fiscal year 2026;
(5) $10,000,000, to remain available until September 30, 2026,
for developing battery recycling best practices, as authorized
under section 70401(b) of division G of this Act, to be carried out
by the Resource Conservation and Recovery Act program;
(6) $15,000,000, to remain available until September 30, 2026,
for developing voluntary battery labeling guidelines, as authorized
under section 70401(c) of division G of this Act, to be carried out
by the Resource Conservation and Recovery Act program;
Provided, That funds provided for the purposes described in
paragraphs (1), (2), and (3) under this heading in this Act may be
transferred to the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) to consult and conference, as required by section 7 of
such Act, in connection with Geographic programs, the National Estuary
Program, and the Gulf Hypoxia Action Plan: Provided further, That
amounts provided under this heading in this Act shall be in addition to
amounts otherwise available for such purposes: Provided further, That
one-half of one percent of the amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026 shall be
transferred to the Office of Inspector General of the Environmental
Protection Agency for oversight of funding provided to the
Environmental Protection Agency in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Hazardous Substance Superfund
(including transfers of funds)
For an additional amount for ``Hazardous Substance Superfund'',
$3,500,000,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2021, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, for all costs
associated with Superfund: Remedial activities: Provided, That in
providing technical and project implementation assistance for amounts
made available under this heading in this Act, the Administrator shall
consider the unique needs of Tribal communities with contaminated sites
where the potentially responsible parties cannot pay or cannot be
identified, but shall not alter the process for prioritizing site
cleanups: Provided further, That amounts provided under this heading
in this Act shall be in addition to amounts otherwise available for
such purposes: Provided further, That amounts provided under this
heading in this Act shall not be subject to cost share requirements
under section 104(c)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C.
9604(c)(3)): Provided further, That the Administrator of the
Environmental Protection Agency shall annually report to Congress on
the status of funded projects: Provided further, That one-half of one
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection Agency in
this title in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for ``State and Tribal Assistance
Grants'', $55,426,000,000, to remain available until expended:
Provided, That amounts made available under this heading in this Act
shall be allocated as follows:
(1) $11,713,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act: Provided, That $1,902,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $2,202,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $2,403,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $2,603,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $2,603,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That for the funds provided under this
paragraph in this Act in fiscal year 2022 and fiscal year 2023, the
State shall deposit in the State loan fund from State moneys an
amount equal to at least 10 percent of the total amount of the
grant to be made to the State, notwithstanding sections 602(b)(2),
602(b)(3) or 202 of the Federal Water Pollution Control Act:
Provided further, That for the funds made available under this
paragraph in this Act, forty-nine percent of the funds made
available to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State to provide subsidy
to eligible recipients in the form of assistance agreements with
100 percent forgiveness of principal or grants (or any combination
of these), notwithstanding section 603(i)(3)(B) of the Federal
Water Pollution Control Act (33 U.S.C. 1383): Provided further,
That up to three percent of the amounts made available under this
paragraph in this Act in fiscal year 2022 and up to two percent in
each of fiscal years 2023 through 2026 shall be for salaries,
expenses, and administration: Provided further, That not less than
80 percent of the amounts the Administrator uses in each fiscal
year for salaries, expenses, and administration from amounts made
available under this paragraph in this Act for such purposes shall
be used for purposes other than hiring full-time employees:
Provided further, That 0.35 percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight of
funding provided to the Environmental Protection Agency in this
title in this Act;
(2) $11,713,000,000 for capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $1,902,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$2,202,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $2,403,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$2,603,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $2,603,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That for the funds provided under this
paragraph in this Act in fiscal year 2022 and fiscal year 2023, the
State shall deposit in the State loan fund from State moneys an
amount equal to at least 10 percent of the total amount of the
grant to be made to the State, notwithstanding section 1452(e) of
the Safe Drinking Water Act: Provided further, That for the funds
made available under this paragraph in this Act, forty-nine percent
of the funds made available to each State for Drinking Water State
Revolving Fund capitalization grants shall be used by the State to
provide subsidy to eligible recipients in the form of assistance
agreements with 100 percent forgiveness of principal or grants (or
any combination of these), notwithstanding section 1452(d)(2) of
the Safe Drinking Water Act (42 U.S.C. 300j-12): Provided further,
That up to three percent of the amounts made available under this
paragraph in this Act in fiscal year 2022 and up to two percent in
each of fiscal years 2023 through 2026 shall be for salaries,
expenses, and administration: Provided further, That not less than
80 percent of the amounts the Administrator uses in each fiscal
year for salaries, expenses, and administration from amounts made
available under this paragraph in this Act for such purposes shall
be used for purposes other than hiring full-time employees:
Provided further, That 0.35 percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight of
funding provided to the Environmental Protection Agency in this
title in this Act;
(3) $15,000,000,000 for capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $3,000,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$3,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $3,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$3,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $3,000,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That the funds provided under this
paragraph in this Act shall be for lead service line replacement
projects and associated activities directly connected to the
identification, planning, design, and replacement of lead service
lines: Provided further, That for the funds made available under
this paragraph in this Act, forty-nine percent of the funds made
available to each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide subsidy
to eligible recipients in the form of assistance agreements with
100 percent forgiveness of principal or grants (or any combination
of these), notwithstanding section 1452(d)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12): Provided further, That the funds
provided under this paragraph in this Act shall not be subject to
the matching or cost share requirements of section 1452(e) of the
Safe Drinking Water Act: Provided further, That up to three
percent of the amounts made available under this paragraph in this
Act in fiscal year 2022 and up to two percent in each of fiscal
years 2023 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of
the amounts made available under this paragraph in this Act in each
of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection Agency
for oversight of funding provided to the Environmental Protection
Agency in this title in this Act;
(4) $1,000,000,000 for capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act: Provided, That $100,000,000, to remain
available until expended, shall be made available for fiscal year
2022, $225,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $225,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $225,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $225,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That funds provided under this paragraph
in this Act shall be for eligible uses under section 603(c) of the
Federal Water Pollution Control Act that address emerging
contaminants: Provided further, That funds provided under this
paragraph in this Act shall not be subject to the matching or cost
share requirements of sections 602(b)(2), 602(b)(3), or 202 of the
Federal Water Pollution Control Act: Provided further, That funds
provided under this paragraph in this Act deposited into the state
revolving fund shall be provided to eligible recipients as
assistance agreements with 100 percent principal forgiveness or as
grants (or a combination of these): Provided further, That up to
three percent of the amounts made available under this paragraph in
this Act in fiscal year 2022 and up to two percent in each of
fiscal years 2023 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of
the amounts made available under this paragraph in this Act in each
of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection Agency
for oversight of funding provided to the Environmental Protection
Agency in this title in this Act;
(5) $4,000,000,000 for capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $800,000,000, to remain available until
expended, shall be made available for fiscal year 2022,
$800,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $800,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$800,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $800,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That funds provided under this paragraph
in this Act shall be to address emerging contaminants in drinking
water with a focus on perfluoroalkyl and polyfluoroalkyl substances
through capitalization grants under section 1452(t) of the Safe
Drinking Water Act for the purposes described in section
1452(a)(2)(G) of such Act: Provided further, That funds provided
under this paragraph in this Act deposited into the State revolving
fund shall be provided to eligible recipients as loans with 100
percent principal forgiveness or as grants (or a combination of
these): Provided further, That funds provided under this paragraph
in this Act shall not be subject to the matching or cost share
requirements of section 1452(e) of the Safe Drinking Water Act:
Provided further, That up to three percent of the amounts made
available under this paragraph in this Act in fiscal year 2022 and
up to two percent in each of fiscal years 2023 through 2026 shall
be for salaries, expenses, and administration: Provided further,
That one-half of one percent of the amounts made available under
this paragraph in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided
to the Environmental Protection Agency in this title in this Act;
(6) $5,000,000,000 for grants for addressing emerging
contaminants under subsections (a) through (j) of section 1459A of
the Safe Drinking Water Act (42 U.S.C. 300j-19a): Provided, That
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That funds
provided to States under this paragraph may be used for projects
that address emerging contaminants supporting a community described
in section 1459A, subsection (c)(2), of the Safe Drinking Water
Act, notwithstanding the definition of underserved communities in
section 1459A, subsection (a)(2), of the Safe Drinking Water Act:
Provided further, That funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements
of section 1459A of the Safe Drinking Water Act: Provided further,
That up to three percent of the amounts made available under this
paragraph in this Act in each of fiscal years 2022 through 2026
shall be for salaries, expenses, and administration: Provided
further, That one-half of one percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight of
funding provided to the Environmental Protection Agency in this
title in this Act;
(7) $50,000,000, to remain available until expended, to award
Underground Injection Control grants, as authorized under section
40306 of division D of this Act, and for activities to support
states' efforts to develop programs leading to primacy: Provided,
That up to three percent of the amounts made available under this
paragraph in this Act shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of
the amounts made available under this paragraph in this Act shall
be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided
to the Environmental Protection Agency in this title in this Act;
(8) $1,500,000,000 for brownfields activities: Provided, That
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $300,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $300,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$300,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the
amounts made available in this paragraph in this Act, the following
amounts shall be for the following purposes, in equal amounts for
each of fiscal years 2022 through 2026--
(A) $1,200,000,000 shall be to carry out Brownfields
projects authorized by section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including grants, interagency agreements and
associated program support costs, of which up to $600,000,000,
notwithstanding funding limitations in such sections of such
Act, may be for--
(i) grants under section 104(k)(3)(A)(ii) of CERCLA to
remediate brownfields sites in amounts not to exceed
$5,000,000 per grant;
(ii) multipurpose grants under section 104(k)(4)(B)(i)
of CERCLA in amounts not to exceed $10,000,000 per grant;
(iii) grants under sections 104(k)(2)(B) and
104(k)(5)(A)(i) of CERCLA for site characterization and
assessment activities on a community-wide or site-by-site
basis in amounts not to exceed $10,000,000 per grant and
without further limitation on the amount that may be
expended for any individual brownfield site;
(iv) grants under sections 104(k)(3)(A)(i) and
104(k)(5)(A)(ii) of CERCLA for capitalization of revolving
loan funds in amounts not to exceed $10,000,000 per grant;
and
(v) grants under section 104(k)(7) of CERCLA for job
training in amounts not to exceed $1,000,000 per grant; and
(B) $300,000,000 shall be to carry out section 128 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980:
Provided further, That funds provided under this paragraph in
this Act shall not be subject to cost share requirements under
section 104(k)(10)(B)(iii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980: Provided
further, That the Administrator of the Environmental Protection
Agency shall annually report to Congress on the status of funded
projects: Provided further, That up to three percent of the
amounts made available under this paragraph in this Act in each of
fiscal years 2022 through 2026 shall be for salaries, expenses, and
administration: Provided further, That one-half of one percent of
the amounts made available under this paragraph in this Act in each
of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Environmental Protection Agency
for oversight of funding provided to the Environmental Protection
Agency in this title in this Act;
(9) $100,000,000 for all costs for carrying out section 6605 of
the Pollution Prevention Act: Provided, That $20,000,000, to
remain available until expended, shall be made available for fiscal
year 2022, $20,000,000, to remain available until expended, shall
be made available for fiscal year 2023, $20,000,000, to remain
available until expended, shall be made available for fiscal year
2024, $20,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $20,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That funds provided under this paragraph
in this Act shall not be subject to cost share requirements under
section 6605(c) of the Pollution Prevention Act: Provided further,
That one-half of one percent of the amounts made available under
this paragraph in this Act in each of fiscal years 2022 through
2026 shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided
to the Environmental Protection Agency in this title in this Act;
(10) $275,000,000 for grants under section 302(a) of the Save
Our Seas 2.0 Act (Public Law 116-224): Provided, That $55,000,000,
to remain available until expended, shall be made available for
fiscal year 2022, $55,000,000, to remain available until expended,
shall be made available for fiscal year 2023, $55,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $55,000,000, to remain available until expended, shall
be made available for fiscal year 2025, and $55,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That notwithstanding section 302(a) of
such Act, the Administrator may also provide grants pursuant to
such authority to tribes, intertribal consortia consistent with the
requirements in 40 CFR 35.504(a), former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior), and
Alaskan Native Villages as defined in Public Law 92-203: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That one-half of one percent of the amounts made
available under this paragraph in this Act in each of fiscal years
2022 through 2026 shall be transferred to the Office of Inspector
General of the Environmental Protection Agency for oversight of
funding provided to the Environmental Protection Agency in this
title in this Act;
(11) $75,000,000 to award grants focused on improving material
recycling, recovery, management, and reduction, as authorized under
section 70402 of division G of this Act: Provided, That
$15,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $15,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$15,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $15,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$15,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That up to three
percent of the amounts made available under this paragraph in this
Act in each of fiscal years 2022 through 2026 shall be for
salaries, expenses, and administration: Provided further, That
one-half of one percent of the amounts made available under this
paragraph in this Act in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Environmental Protection Agency for oversight of funding provided
to the Environmental Protection Agency in this title in this Act;
(12) $5,000,000,000 for the Clean School Bus Program as
authorized under section 741 of the Energy Policy Act of 2005 (42
U.S.C. 16091), as amended by section 71101 of division G of this
Act: Provided, That $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain
available until expended, shall be made available for fiscal year
2026: Provided further, That of the funds provided, $500,000,000
shall be provided annually for zero-emission school buses, as
defined in section 741(a)(8) of the Energy Policy Act of 2005 (42
U.S.C. 16091(a)(8)), as amended by section 71101 of division G of
this Act, and $500,000,000 shall be provided annually for clean
school buses and zero-emission school buses, as defined in section
741(a)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)),
as amended by section 71101 of division G of this Act: Provided
further, That up to three percent of the amounts made available
under this paragraph in this Act in each of fiscal years 2022
through 2026 shall be for salaries, expenses, and administration:
Provided further, That up to one-half of one percent of the of the
amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the Office
of Inspector General of the Environmental Protection Agency for
oversight of funding provided to the Environmental Protection
Agency in this title in this Act: Provided further, That if there
are unobligated funds in any of fiscal years 2022 through 2026
after the Administrator of the Environmental Protection Agency
issues awards for that fiscal year, States may compete for those
funds, notwithstanding the 10 percent limitation under section
741(b)(7)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16091(b)(7)(B)), as amended by section 71101 of division G of this
Act:
Provided further, That amounts provided under this heading in this
Act shall be in addition to amounts otherwise available for such
purposes: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions--Environmental Protection Agency
(including transfers of funds)
Sec. 611. Funds made available to the Environmental Protection
Agency by this Act for salaries, expenses, and administration purposes
may be transferred to the ``Environmental Programs and Management''
account or the ``Science and Technology'' account as needed for such
purposes.
Sec. 612. Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall submit to the House and Senate Committees on Appropriations a
detailed spend plan for the funds provided to the Environmental
Protection Agency in this title for fiscal year 2022, and for each
fiscal year through 2026, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code,
the Administrator of the Environmental Protection Agency shall submit a
detailed spend plan for the funds provided to the Environmental
Protection Agency in this title for that fiscal year.
Sec. 613. For this fiscal year and each fiscal year thereafter,
such sums as are available in the Hazardous Substance Superfund
established under section 9507 of the Internal Revenue Code of 1986 at
the end of the preceding fiscal year from taxes received in the
Treasury under subsection (b)(1) of such section shall be available,
without further appropriation, to be used to carry out the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
Sec. 614. (a) Drinking Water.--There is authorized to be
appropriated to carry out the purposes of section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts
otherwise authorized to be appropriated for those purposes, an
additional $1,126,000,000 for each of fiscal years 2022 through 2026.
(b) Clean Water.--There is authorized to be appropriated to carry
out the purposes of title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized
to be appropriated for those purposes, an additional $1,639,000,000 for
each of fiscal years 2022 through 2026.
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$10,000,000, to remain available until September 30, 2029, for the
Secretary of Agriculture, acting through the Chief of the Forest
Service, to carry out activities of the Joint Fire Science Program, as
authorized in section 40803 of division D of this Act: Provided, That
$2,000,000, to remain available until September 30, 2025, shall be made
available for fiscal year 2022, $2,000,000, to remain available until
September 30, 2026, shall be made available for fiscal year 2023,
$2,000,000, to remain available until September 30, 2027, shall be made
available for fiscal year 2024, $2,000,000, to remain available until
September 30, 2028, shall be made available for fiscal year 2025, and
$2,000,000, to remain available until September 30, 2029, shall be made
available for fiscal year 2026: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
state and private forestry
(including transfers of funds)
For an additional amount for ``State and Private Forestry'',
$1,526,800,000, to remain available until September 30, 2029:
Provided, That $305,360,000, to remain available until September 30,
2025, shall be made available for fiscal year 2022, $305,360,000, to
remain available until September 30, 2026, shall be made available for
fiscal year 2023, $305,360,000, to remain available until September 30,
2027, shall be made available for fiscal year 2024, $305,360,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2025, and $305,360,000, to remain available until September
30, 2029, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026--
(1) $718,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture, as authorized in sections 40803
and 40804 of division D of this Act;
(2) In addition to amounts made available in paragraph (1) for
grants to at-risk communities for wildfire mitigation activities,
not less than $500,000,000 for such purposes;
(3) Not less than $88,000,000 for State Fire Assistance; and
(4) Not less than $20,000,000 for Volunteer Fire Assistance:
Provided further, That amounts made available under this heading in
this Act for each of fiscal years 2022 through 2026 may be transferred
between accounts affected by the Forest Service budget restructure
outlined in section 435 of division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) to carry out the
activities in support of this heading: Provided further, That up to 3
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for salaries, expenses,
and administration: Provided further, That one-half of one percent of
the amounts made available under this heading in this Act in each of
fiscal years 2022 through 2026 shall be transferred to the Office of
Inspector General of the Department of Agriculture for oversight of
funding provided to the Forest Service in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
national forest system
(including transfers of funds)
For an additional amount for ``National Forest System'',
$2,854,000,000, to remain available until expended: Provided, That
$734,800,000, to remain available until expended, shall be made
available for fiscal year 2022, $529,800,000, to remain available until
expended, shall be made available for fiscal year 2023, $529,800,000,
to remain available until expended, shall be made available for fiscal
year 2024, $529,800,000, to remain available until expended, shall be
made available for fiscal year 2025, and $529,800,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That of the funds made available under this heading
in this Act, the following amounts shall be for the following
purposes--
(1) $2,115,000,000 for the Secretary of Agriculture, acting
through the Chief of the Forest Service, to carry out activities
for the Department of Agriculture as authorized in sections 40803
and 40804 of division D of this Act, of which $587,000,000, to
remain available until expended, shall be made available for fiscal
year 2022 and $382,000,000, to remain available until expended,
shall be made available for each of fiscal years 2023 through 2026;
(2) In addition to amounts made available in paragraph (1) for
hazardous fuels management activities, $102,800,000 for each of
fiscal years 2022 through 2026 for such purposes; and
(3) In addition to amounts made available in paragraph (1) for
burned area recovery, $45,000,000 for each of fiscal years 2022
through 2026 for such purposes:
Provided further, That up to $12,000,000 for each of fiscal years
2022 through 2026 from funds made available in paragraph (2) of the
preceding proviso may be used to make grants, using any authorities
available for the Forest Service under the ``State and Private
Forestry'' appropriation for the purposes of creating incentives for
increased use of biomass from National Forest System lands, including
the Community Wood Energy Program and the Wood Innovation Grants
Program: Provided further, That up to $8,000,000 for each of fiscal
years 2022 through 2026 from funds made available in paragraph (2) of
the preceding proviso shall be for implementation of the Tribal
Forestry Protection Act, as amended (Public Law 108-278): Provided
further, That funds appropriated under this heading in this Act may be
transferred to the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) to consult and conference, as required by section 7 of
such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service, may
authorize the transfer of funds provided under this heading in this Act
between the Departments for the purpose of carrying out activities as
authorized in section 40804(b)(1) of division D of this Act: Provided
further, That amounts made available under this heading in this Act for
each of fiscal years 2022 through 2026 may be transferred between
accounts affected by the Forest Service budget restructure outlined in
section 435 of division D of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) to carry out the activities in support of
this heading: Provided further, That amounts made available under this
heading in this Act in each of fiscal years 2022 through 2026 shall be
available for salaries and expenses: Provided further, That one-half
of one percent of the amounts made available under this heading in this
Act in each of fiscal years 2022 through 2026 shall be transferred to
the Office of Inspector General of the Department of Agriculture for
oversight of funding provided to the Forest Service in this title in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
capital improvement and maintenance
(including transfers of funds)
For an additional amount for ``Capital Improvement and
Maintenance'', $360,000,000, to remain available until September 30,
2029: Provided, That $72,000,000, to remain available until September
30, 2025, shall be made available for fiscal year 2022, $72,000,000, to
remain available until September 30, 2026, shall be made available for
fiscal year 2023, $72,000,000, to remain available until September 30,
2027, shall be made available for fiscal year 2024, $72,000,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2025, and $72,000,000, to remain available until September
30, 2029, shall be made available for fiscal year 2026: Provided
further, That of the funds made available under this heading in this
Act, the following amounts shall be for the following purposes in equal
amounts for each of fiscal years 2022 through 2026--
(1) $250,000,000 to carry out activities of the Legacy Road and
Trail Remediation Program, as authorized in Public Law 88-657 (16
U.S.C. 532 et seq.) (commonly known as the ``Forest Roads and
Trails Act''), as amended by section 40801 of division D of this
Act;
(2) $100,000,000 for construction of temporary roads or
reconstruction and maintenance of roads to facilitate forest
restoration and management projects that reduce wildfire risk; and
(3) $10,000,000 for the removal of non-hydropower Federal dams
and for providing dam removal technical assistance:
Provided further, That funds appropriated under this heading in this
Act may be transferred to the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That amounts made available under this heading in
this Act for each of fiscal years 2022 through 2026 may be transferred
between accounts affected by the Forest Service budget restructure
outlined in section 435 of division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) to carry out the
activities in support of this heading: Provided further, That one-half
of one percent of the amounts made available under this heading in this
Act in each of fiscal years 2022 through 2026 shall be transferred to
the Office of Inspector General of the Department of Agriculture for
oversight of funding provided to the Forest Service in this title in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
wildland fire management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$696,200,000 to remain available until expended, for the Secretary of
Agriculture, acting through the Chief of the Forest Service, to carry
out activities for the Department of Agriculture as authorized in
section 40803 of division D of this Act: Provided, That $552,200,000,
to remain available until expended, shall be made available for fiscal
year 2022, $36,000,000, to remain available until expended, shall be
made available for fiscal year 2023, $36,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$36,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $36,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That funds appropriated under this heading in this Act may be
transferred to the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) to consult and conference, as required by section 7 of
such Act, in connection with wildland fire management activities:
Provided further, That amounts made available under this heading in
this Act for each of fiscal years 2022 through 2026 may be transferred
between accounts affected by the Forest Service budget restructure
outlined in section 435 of division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116- 94) to carry out the
activities in support of this heading: Provided further, That amounts
made available under this heading in this Act in each of fiscal years
2022 through 2026, shall be available for salaries and expenses to
carry out such purposes: Provided further, That one-half of one
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Department of Agriculture for
oversight of funding provided to the Forest Service in this title in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
administrative provision--forest service
Not later than 90 days after the date of enactment of this Act, the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall submit to the House and Senate Committees on
Appropriations a detailed spend plan for the funds provided to the
Forest Service in this title in this Act for fiscal year 2022, and for
each fiscal year through 2026, as part of the annual budget submission
of the President under section 1105(a) of title 31, United States Code,
the Secretary shall submit a detailed spend plan for the funds provided
to the Forest Service in this title in this Act for that fiscal year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health facilities
(including transfers of funds)
For an additional amount for ``Indian Health Facilities'',
$3,500,000,000, to remain available until expended, for the provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (68 Stat. 674):
Provided, That $700,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $700,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $700,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$700,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That of the amounts
made available under this heading, up to $2,200,000,000 shall be for
projects that exceed the economical unit cost and shall be available
until expended: Provided further, That up to three percent of the
amounts made available in each fiscal year shall be for salaries,
expenses, and administration: Provided further, That one-half of one
percent of the amounts made available under this heading in this Act in
each fiscal years 2022 through 2026 shall be transferred to the Office
of Inspector General of the Department of Health and Human Services for
oversight of funding provided to the Department of Health and Human
Services in this title in this Act: Provided further, That no funds
available to the Indian Health Service for salaries, expenses,
administration, and oversight shall be available for contracts, grants,
compacts, or cooperative agreements under the provisions of the Indian
Self-Determination and Education Assistance Act as amended: Provided
further, That funds under this heading made available to Tribes and
Tribal organizations under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-
time basis, are nonrecurring, and shall not be part of the amount
required by section 106 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5325), and shall only be used for the
purposes identified in this heading: Provided further, That not later
than 90 days after the date of enactment of this Act, the Secretary of
Health and Human Services shall submit to the House and Senate
Committees on Appropriations a detailed spend plan for fiscal year
2022: Provided further, That for each fiscal year through 2026, as
part of the annual budget submission of the President under section
1105(a) of title 31, United States Code, the Secretary of Health and
Human Services shall submit a detailed spend plan for that fiscal year:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$500,000,000, to remain available through September 30, 2026, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
That $100,000,000, to remain available until September 30, 2026, shall
be made available in fiscal year 2022, $100,000,000, to remain
available until September 30, 2026, shall be made available in fiscal
year 2023, $100,000,000, to remain available until September 30, 2026,
shall be made available in fiscal year 2024, $100,000,000, to remain
available until September 30, 2026, shall be made available in fiscal
year 2025, and $100,000,000, to remain available until September 30,
2026, shall be made available in fiscal year 2026: Provided further,
That, of the amount available for obligation in a fiscal year under
this heading in this Act, $50,000,000 shall be allocated as though the
total appropriation for such payments for such fiscal year was less
than $1,975,000,000: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
For an additional amount for ``National Infrastructure
Investments'', $12,500,000,000, to remain available until expended, for
necessary expenses to carry out chapter 67 of title 49, United States
Code, of which $5,000,000,000 shall be to carry out section 6701 of
such title and $7,500,000,000 shall be to carry out section 6702 of
such title: Provided, That, of the amount made available under this
heading in this Act to carry out section 6701 of title 49, United
States Code, $1,000,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That, of the amount
made available under this heading in this Act to carry out section 6702
of title 49, United States Code, $1,500,000,000, to remain available
until September 30, 2026, shall be made available for fiscal year 2022,
$1,500,000,000, to remain until September 30, 2027, shall be made
available for fiscal year 2023, $1,500,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2024,
$1,500,000,000, to remain available until September 30, 2029, shall be
made available for fiscal year 2025, and $1,500,000,000, to remain
available September 30, 2030, shall be made available for fiscal year
2026: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and pursuant to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
safe streets and roads for all grants
For an additional amount for ``Safe Streets and Roads for All
Grants'', $5,000,000,000, to remain available until expended, for
competitive grants, as authorized under section 24112 of division B of
this Act: Provided, That $1,000,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $1,000,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $1,000,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2025,
and $1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the Secretary
shall issue a notice of funding opportunity not later than 180 days
after each date upon which funds are made available under the preceding
proviso: Provided further, That the Secretary shall make awards not
later than 270 days after issuing the notices of funding opportunity
required under the preceding proviso: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
national culvert removal, replacement, and restoration grants
For an additional amount for ``National Culvert Removal,
Replacement, and Restoration Grants'', $1,000,000,000, to remain
available until expended, as authorized by section 6203 of title 49,
United States Code: Provided, That $200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $200,000,000,
to remain available until expended, shall be made available for fiscal
year 2025, and $200,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
strengthening mobility and revolutionizing transportation grant program
For an additional amount for ``Strengthening Mobility and
Revolutionizing Transportation Grant Program'', $500,000,000, to remain
available until expended, as authorized by section 25005 of division B
of this Act: Provided, That $100,000,000, to remain available until
expended, shall be made available for fiscal year 2022, $100,000,000,
to remain available until expended, shall be made available for fiscal
year 2023, $100,000,000, to remain available until expended, shall be
made available for fiscal year 2024, $100,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$100,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
administrative provisions--office of the secretary of transportation
(including transfer of funds)
Sec. 801. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's Operating
Administrations in this title in this Act and in section 117 of title
23, United States Code, for fiscal years 2022 through 2026 for the
costs of award, administration, or oversight of financial assistance
under the programs administered by the Office of Multimodal
Infrastructure and Freight may be transferred to an ``Office of
Multimodal Infrastructure and Freight'' account, to remain available
until expended, for the necessary expenses of award, administration, or
oversight of any discretionary financial assistance programs funded
under this title in this Act or division A of this Act: Provided, That
one-half of one percent of the amounts transferred pursuant to the
authority in this section in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Department of Transportation for oversight of funding provided to the
Department of Transportation in this title in this Act: Provided
further, That the amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) In addition to programs identified in section 118(d) of title
49, United States Code, the Office of Multimodal Infrastructure and
Freight shall administer, with support from the Department's Operating
Administrations, the following financial assistance programs--
(1) the national infrastructure projects program under section
6701 of title 49, United States Code;
(2) the local and regional projects program under section 6702
of title 49, United States Code;
(3) the strengthening mobility and revolutionizing
transportation grant program under section 25005 of division B of
this Act;
(4) the nationally significant freight and highways projects
under section 117 of title 23, United States Code;
(5) the national culvert removal, replacement, and restoration
grant program under section 6203 of title 49, United States Code;
and
(6) other discretionary financial assistance programs that the
Secretary determines should be administered by the Office of
Multimodal Infrastructure and Freight, subject to the approval of
the House and Senate Committees on Appropriations as required under
section 405 of Division L of the Consolidated Appropriations Act,
2021.
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$5,000,000,000, to remain available until expended: Provided, That
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That funds provided
under this heading in this Act shall be for: (1) replacing terminal and
en route air traffic control facilities; (2) improving air route
traffic control center and combined control facility buildings; (3)
improving air traffic control en route radar facilities; (4) improving
air traffic control tower and terminal radar approach control
facilities; (5) national airspace system facilities OSHA and
environmental standards compliance; (6) landing and navigational aids;
(7) fuel storage tank replacement and management; (8) unstaffed
infrastructure sustainment; (9) real property disposition; (10)
electrical power system sustain and support; (11) energy maintenance
and compliance; (12) hazardous materials management and environmental
cleanup; (13) facility security risk management; (14) mobile asset
management program; and (15) administrative expenses, including
salaries and expenses, administration, and oversight: Provided
further, That not less than $200,000,000 of the funds made available
under this heading in this Act shall be for air traffic control towers
that are owned by the Federal Aviation Administration and staffed
through the contract tower program: Provided further, That not later
than 90 days after the date of enactment of this Act, the Secretary of
Transportation shall submit to the House and Senate Committees on
Appropriations a detailed spend plan, including a list of project
locations of air traffic control towers and contract towers, to be
funded for fiscal year 2022: Provided further, That for each fiscal
year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a detailed spend plan for
funding that will be made available under this heading in the upcoming
fiscal year, including a list of projects for replacing facilities that
are owned by the Federal Aviation Administration, including air traffic
control towers that are staffed through the contract tower program:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
airport infrastructure grants
(including transfer of funds)
For an additional amount for ``Airport Infrastructure Grants'',
$15,000,000,000, to remain available until September 30, 2030:
Provided, That $3,000,000,000, to remain available until September 30,
2026, shall be made available for fiscal year 2022, $3,000,000,000, to
remain available until September 30, 2027, shall be made available for
fiscal year 2023, $3,000,000,000, to remain available until September
30, 2028, shall be made available for fiscal year 2024, $3,000,000,000,
to remain available until September 30, 2029, shall be made available
for fiscal year 2025, and $3,000,000,000, to remain available until
September 30, 2030, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund of the Treasury:
Provided further, That amounts made available under this heading in
this Act shall be made available to sponsors of any airport eligible to
receive grants under section 47115 of title 49, United States Code, for
airport-related projects defined under section 40117(a)(3) of title 49,
United States Code: Provided further, That of the funds made available
under this heading in this Act, in each of fiscal years 2022 through
2026--
(1) Not more than $2,480,000,000 shall be available for primary
airports as defined in section 47102(16) of title 49, United States
Code, and certain cargo airports: Provided, That such funds shall
not be subject to the reduced apportionments of section 47114(f) of
title 49, United States Code: Provided further, That such funds
shall first be apportioned as set forth in sections 47114(c)(1)(A),
47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A),
47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49,
United States Code: Provided further, That there shall be no
maximum apportionment limit: Provided further, That any remaining
funds after such apportionment shall be distributed to all sponsors
of primary airports (as defined in section 47102(16) of title 49,
United States Code) based on each such airport's passenger
enplanements compared to total passenger enplanements of all
airports defined in section 47102(16) of title 49, United States
Code, for calendar year 2019 in fiscal years 2022 and 2023 and
thereafter for the most recent calendar year enplanements upon
which the Secretary has apportioned funds pursuant to section
47114(c) of title 49, United States Code;
(2) Not more than $500,000,000 shall be for general aviation
and commercial service airports that are not primary airports as
defined in paragraphs (7), (8), and (16) of section 47102 of title
49, United States Code: Provided, That the Secretary of
Transportation shall apportion the remaining funds to each non-
primary airport based on the categories published in the most
current National Plan of Integrated Airport Systems, reflecting the
percentage of the aggregate published eligible development costs
for each such category, and then dividing the allocated funds
evenly among the eligible airports in each category, rounding up to
the nearest thousand dollars: Provided further, That any remaining
funds under this paragraph in this Act shall be distributed as
described in paragraph (3) in this proviso under this heading in
this Act; and
(3) $20,000,000 for the Secretary of Transportation to make
competitive grants to sponsors of airports participating in the
contract tower program and the contract tower cost share program
under section 47124 of title 49, United States Code to: (1)
sustain, construct, repair, improve, rehabilitate, modernize,
replace or relocate nonapproach control towers; (2) acquire and
install air traffic control, communications, and related equipment
to be used in those towers; and (3) construct a remote tower
certified by the Federal Aviation Administration, including
acquisition and installation of air traffic control,
communications, or related equipment: Provided, That the Federal
Aviation Administration shall give priority consideration to
projects that enhance aviation safety and improve air traffic
efficiency: Provided further, That the Federal share of the costs
for which a grant is made under this paragraph shall be 100
percent:
Provided further, That any funds made available in a given fiscal
year that remain unobligated at the end of the fourth fiscal year after
which they were first made available for obligation shall be made
available in the fifth fiscal year after which they were first made
available for obligation to the Secretary for competitive grants:
Provided further, That of the amounts made available to the Secretary
for competitive grants under the preceding proviso, the Secretary shall
first provide up to $100,000,000, as described in paragraph (3) of the
fourth proviso, and any remaining unobligated balances in excess of
that amount shall be available to the Secretary for competitive grants
otherwise eligible under the third proviso that reduce airport
emissions, reduce noise impact to the surrounding community, reduce
dependence on the electrical grid, or provide general benefits to the
surrounding community: Provided further, That none of the amounts made
available under this heading in this Act may be used to pay for airport
debt service: Provided further, That a grant made from funds made
available under this heading in this Act shall be treated as having
been made pursuant to the Secretary's authority under section 47104(a)
of title 49, United States Code: Provided further, That up to 3
percent of the amounts made available under this heading in this Act in
each of fiscal years 2022 through 2026 shall be for personnel,
contracting, and other costs to administer and oversee grants, of which
$1,000,000 in each fiscal year shall be transferred to the Office of
Inspector General of the Department of Transportation for oversight of
funding provided to the Department of Transportation in this title in
this Act: Provided further, That the Federal share of the costs of a
project under paragraphs (1) and (2) of the fourth proviso under this
heading shall be the percent for which a project for airport
development would be eligible under section 47109 of title 49, United
States Code: Provided further, That obligations of funds under this
heading in this Act shall not be subject to any limitations on
obligations provided in any Act making annual appropriations: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
airport terminal program
(including transfer of funds)
For an additional amount for ``Airport Terminal Program'',
$5,000,000,000, to remain available until September 30, 2030, for the
Secretary of Transportation to provide competitive grants for airport
terminal development projects that address the aging infrastructure of
the nation's airports: Provided, That $1,000,000,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2022, $1,000,000,000, to remain available until September 30,
2027, shall be made available for fiscal year 2023, $1,000,000,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2024, $1,000,000,000, to remain available until September
30, 2029, shall be made available for fiscal year 2025, and
$1,000,000,000, to remain available until September 30, 2030, shall be
made available for fiscal year 2026: Provided further, That amounts
made available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That the Secretary
shall issue a notice of funding opportunity not later than 60 days
after the date of enactment of this Act: Provided further, That of the
funds made available under this heading in this Act, not more than 55
percent shall be for large hub airports, not more than 15 percent shall
be for medium hub airports, not more than 20 percent shall be for small
hub airports, and not less than 10 percent shall be for nonhub and
nonprimary airports: Provided further, That in awarding grants for
terminal development projects from funds made available under this
heading in this Act, the Secretary may consider projects that qualify
as ``terminal development'' (including multimodal terminal
development), as that term is defined in 49 U.S.C. Sec. 47102(28),
projects for on-airport rail access projects as set forth in Passenger
Facility Charge (PFC) Update 75-21, and projects for relocating,
reconstructing, repairing, or improving an airport-owned air traffic
control tower: Provided further, That in awarding grants for terminal
development projects from funds made available under this heading in
this Act, the Secretary shall give consideration to projects that
increase capacity and passenger access; projects that replace aging
infrastructure; projects that achieve compliance with the Americans
with Disabilities Act and expand accessibility for persons with
disabilities; projects that improve airport access for historically
disadvantaged populations; projects that improve energy efficiency,
including upgrading environmental systems, upgrading plant facilities,
and achieving Leadership in Energy and Environmental Design (LEED)
accreditation standards; projects that improve airfield safety through
terminal relocation; and projects that encourage actual and potential
competition: Provided further, That the Federal share of the cost of a
project carried out from funds made available under this heading in
this Act shall be 80 percent for large and medium hub airports and 95
percent for small hub, nonhub, and nonprimary airports: Provided
further, That a grant made from funds made available under this heading
in this Act shall be treated as having been made pursuant to the
Secretary's authority under section 47104(a) of title 49, United States
Code: Provided further, That the Secretary may provide grants from
funds made available under this heading in this Act for a project at
any airport that is eligible to receive a grant from the discretionary
fund under section 47115(a) of title 49, United States Code: Provided
further, That in making awards from funds made available under this
heading in this Act, the Secretary shall provide a preference to
projects that achieve a complete development objective, even if awards
for the project must be phased, and the Secretary shall prioritize
projects that have received partial awards: Provided further, That up
to 3 percent of the amounts made available under this heading in this
Act in each fiscal year shall be for personnel, contracting and other
costs to administer and oversee grants, of which $1,000,000 in each
fiscal year shall be transferred to the Office of Inspector General of
the Department of Transportation for oversight of funding provided to
the Department of Transportation in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Highway Administration
highway infrastructure program
(including transfer of funds)
For an additional amount for ``Highway Infrastructure Programs'',
$47,272,000,000, to remain available until expended except as otherwise
provided under this heading: Provided, That of the amount provided
under this heading in this Act, $9,454,400,000, to remain available
until September 30, 2025, shall be made available for fiscal year 2022,
$9,454,400,000, to remain available until September 30, 2026, shall be
made available for fiscal year 2023, $9,454,400,000, to remain
available until September 30, 2027, shall be made available for fiscal
year 2024, $9,454,400,000, to remain available until September 30,
2028, shall be made available for fiscal year 2025, and $9,454,400,000,
to remain available until September 30, 2029, shall be made available
for fiscal year 2026: Provided further, That the funds made available
under this heading in this Act shall be derived from the general fund
of the Treasury, shall be in addition to any other amounts made
available for such purpose, and shall not affect the distribution or
amount of funds provided in any Act making annual appropriations:
Provided further, That, except for funds provided in paragraph (1)
under this heading in this Act, up to 1.5 percent of the amounts made
available under this heading in this Act in each of fiscal years 2022
through 2026 shall be for operations and administrations of the Federal
Highway Administration, of which $1,000,000 in each fiscal year shall
be transferred to the Office of the Inspector General of the Department
of Transportation for oversight of funding provided to the Department
of Transportation in this title in this Act: Provided further, That
the amounts made available in the preceding proviso may be combined
with the funds made available in paragraph (1) under this heading in
this Act for the same purposes in the same account: Provided further,
That the funds made available under this heading in this Act shall not
be subject to any limitation on obligations for Federal-aid highways or
highway safety construction programs set forth in any Act making annual
appropriations: Provided further, That, of the amount provided under
this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026--
(1) $27,500,000,000 shall be for a bridge replacement,
rehabilitation, preservation, protection, and construction program:
Provided further, That, except as otherwise provided under this
paragraph in this Act, the funds made available under this
paragraph in this Act shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further, That
a project funded with funds made available under this paragraph in
this Act shall be treated as a project on a Federal-aid highway:
Provided further, That, of the funds made available under this
paragraph in this Act for a fiscal year, 3 percent shall be set
aside to carry out section 202(d) of title 23, United States Code:
Provided further, That funds set aside under the preceding proviso
to carry out section 202(d) of such title shall be in addition to
funds otherwise made available to carry out such section and shall
be administered as if made available under such section: Provided
further, That for funds set aside under the third proviso of this
paragraph in this Act to carry out section 202(d) of title 23,
United States Code, the Federal share of the costs shall be 100
percent: Provided further, That, for the purposes of funds made
available under this paragraph in this Act: (1) the term ``State''
has the meaning given such term in section 101 of title 23, United
States Code; (2) the term ``off-system bridge'' means a highway
bridge located on a public road, other than a bridge on a Federal-
aid highway; and (3) the term ``Federal-aid highway'' means a
public highway eligible for assistance under chapter 1 of title 23,
United States Code, other than a highway functionally classified as
a local road or rural minor collector: Provided further, That up
to one-half of one percent of the amounts made available under this
paragraph in this Act in each fiscal year shall be for the
administration and operations of the Federal Highway
Administration: Provided further, That, after setting aside funds
under the third proviso of this paragraph in this Act the Secretary
shall distribute the remaining funds made available under this
paragraph in this Act among States as follows--
(A) 75 percent by the proportion that the total cost of
replacing all bridges classified in poor condition in such
State bears to the sum of the total cost to replace all bridges
classified in poor condition in all States; and
(B) 25 percent by the proportion that the total cost of
rehabilitating all bridges classified in fair condition in such
State bears to the sum of the total cost to rehabilitate all
bridges classified in fair condition in all States:
Provided further, That the amounts calculated under the preceding
proviso shall be adjusted such that each State receives, for each of
fiscal years 2022 through 2026, no less than $45,000,000 under such
proviso: Provided further, That for purposes of the preceding 2
provisos, the Secretary shall determine replacement and rehabilitation
costs based on the average unit costs of bridges from 2016 through
2020, as submitted by States to the Federal Highway Administration, as
required by section 144(b)(5) of title 23, United States Code:
Provided further, That for purposes of determining the distribution of
funds to States under this paragraph in this Act, the Secretary shall
calculate the total deck area of bridges classified as in poor or fair
condition based on the National Bridge Inventory as of December 31,
2020: Provided further, That, subject to the following proviso, funds
made available under this paragraph in this Act that are distributed to
States shall be used for highway bridge replacement, rehabilitation,
preservation, protection, or construction projects on public roads:
Provided further, That of the funds made available under this paragraph
in this Act that are distributed to a State, 15 percent shall be set
aside for use on off-system bridges for the same purposes as described
in the preceding proviso: Provided further, That, except as provided
in the following proviso, for funds made available under this paragraph
in this Act that are distributed to States, the Federal share shall be
determined in accordance with section 120 of title 23, United States
Code: Provided further, That for funds made available under this
paragraph in this Act that are distributed to States and used on an
off-system bridge that is owned by a county, town, township, city,
municipality or other local agency, or federally-recognized Tribe the
Federal share shall be 100 percent;
(2) $5,000,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through 2026,
shall be to carry out a National Electric Vehicle Formula Program
(referred to in this paragraph in this Act as the ``Program'') to
provide funding to States to strategically deploy electric vehicle
charging infrastructure and to establish an interconnected network
to facilitate data collection, access, and reliability: Provided,
That funds made available under this paragraph in this Act shall be
used for: (1) the acquisition and installation of electric vehicle
charging infrastructure to serve as a catalyst for the deployment
of such infrastructure and to connect it to a network to facilitate
data collection, access, and reliability; (2) proper operation and
maintenance of electric vehicle charging infrastructure; and (3)
data sharing about electric vehicle charging infrastructure to
ensure the long-term success of investments made under this
paragraph in this Act: Provided further, That for each of fiscal
years 2022 through 2026, the Secretary shall distribute among the
States the funds made available under this paragraph in this Act so
that each State receives an amount equal to the proportion that the
total base apportionment or allocation determined for the State
under subsection (c) of section 104 or under section 165 of title
23, United States Code, bears to the total base apportionments or
allocations for all States under subsection (c) of section 104 and
section 165 of title 23, United States Code: Provided further,
That the Federal share payable for the cost of a project funded
under this paragraph in this Act shall be 80 percent: Provided
further, That the Secretary shall establish a deadline by which a
State shall provide a plan to the Secretary, in such form and such
manner that the Secretary requires (to be made available on the
Department's website), describing how such State intends to use
funds distributed to the State under this paragraph in this Act to
carry out the Program for each fiscal year in which funds are made
available: Provided further, That, not later than 120 days after
the deadline established in the preceding proviso, the Secretary
shall make publicly available on the Department's website and
submit to the House Committee on Transportation and Infrastructure,
the Senate Committee on Environment and Public Works, and the House
and Senate Committees on Appropriations, a report summarizing each
plan submitted by a State to the Department of Transportation and
an assessment of how such plans make progress towards the
establishment of a national network of electric vehicle charging
infrastructure: Provided further, That if a State fails to submit
the plan required under the fourth proviso of this paragraph in
this Act to the Secretary by the date specified in such proviso, or
if the Secretary determines a State has not taken action to carry
out its plan, the Secretary may withhold or withdraw, as
applicable, funds made available under this paragraph in this Act
for the fiscal year from the State and award such funds on a
competitive basis to local jurisdictions within the State for use
on projects that meet the eligibility requirements under this
paragraph in this Act: Provided further, That, prior to the
Secretary making a determination that a State has not taken actions
to carry out its plan, the Secretary shall notify the State,
consult with the State, and identify actions that can be taken to
rectify concerns, and provide at least 90 days for the State to
rectify concerns and take action to carry out its plan: Provided
further, That the Secretary shall provide notice to a State on the
intent to withhold or withdraw funds not less than 60 days before
withholding or withdrawing any funds, during which time the States
shall have an opportunity to appeal a decision to withhold or
withdraw funds directly to the Secretary: Provided further, That
if the Secretary determines that any funds withheld or withdrawn
from a State under the preceding proviso cannot be fully awarded to
local jurisdictions within the State under the preceding proviso in
a manner consistent with the purpose of this paragraph in this Act,
any such funds remaining shall be distributed among other States
(except States for which funds for that fiscal year have been
withheld or withdrawn under the preceding proviso) in the same
manner as funds distributed for that fiscal year under the second
proviso under this paragraph in this Act, except that the ratio
shall be adjusted to exclude States for which funds for that fiscal
year have been withheld or withdrawn under the preceding proviso:
Provided further, That funds distributed under the preceding
proviso shall only be available to carry out this paragraph in this
Act: Provided further, That funds made available under this
paragraph in this Act may be used to contract with a private entity
for acquisition and installation of publicly accessible electric
vehicle charging infrastructure and the private entity may pay the
non-Federal share of the cost of a project funded under this
paragraph: Provided further, That funds made available under this
paragraph in this Act shall be for projects directly related to the
charging of a vehicle and only for electric vehicle charging
infrastructure that is open to the general public or to authorized
commercial motor vehicle operators from more than one company:
Provided further, That any electric vehicle charging infrastructure
acquired or installed with funds made available under this
paragraph in this Act shall be located along a designated
alternative fuel corridor: Provided further, That no later than 90
days after the date of enactment of this Act, the Secretary of
Transportation, in coordination with the Secretary of Energy, shall
develop guidance for States and localities to strategically deploy
electric vehicle charging infrastructure, consistent with this
paragraph in this Act: Provided further, That the Secretary of
Transportation, in coordination with the Secretary of Energy, shall
consider the following in developing the guidance described in the
preceding proviso: (1) the distance between publicly available
electric vehicle charging infrastructure; (2) connections to the
electric grid, including electric distribution upgrades; vehicle-
to-grid integration, including smart charge management or other
protocols that can minimize impacts to the grid; alignment with
electric distribution interconnection processes, and plans for the
use of renewable energy sources to power charging and energy
storage; (3) the proximity of existing off-highway travel centers,
fuel retailers, and small businesses to electric vehicle charging
infrastructure acquired or funded under this paragraph in this Act;
(4) the need for publicly available electric vehicle charging
infrastructure in rural corridors and underserved or disadvantaged
communities; (5) the long-term operation and maintenance of
publicly available electric vehicle charging infrastructure to
avoid stranded assets and protect the investment of public funds in
that infrastructure; (6) existing private, national, State, local,
Tribal, and territorial government electric vehicle charging
infrastructure programs and incentives; (7) fostering enhanced,
coordinated, public-private or private investment in electric
vehicle charging infrastructure; (8) meeting current and
anticipated market demands for electric vehicle charging
infrastructure, including with regard to power levels and charging
speed, and minimizing the time to charge current and anticipated
vehicles; and (9) any other factors, as determined by the
Secretary: Provided further, That if a State determines, and the
Secretary certifies, that the designated alternative fuel corridors
in the States are fully built out, then the State may use funds
provided under this paragraph for electric vehicle charging
infrastructure on any public road or in other publically accessible
locations, such as parking facilities at public buildings, public
schools, and public parks, or in publically accessible parking
facilities owned or managed by a private entity: Provided further,
That subject to the minimum standards and requirements established
under the following proviso, funds made available under this
paragraph in this Act may be used for: (1) the acquisition or
installation of electric vehicle charging infrastructure; (2)
operating assistance for costs allocable to operating and
maintaining electric vehicle charging infrastructure acquired or
installed under this paragraph in this Act, for a period not to
exceed five years; (3) the acquisition or installation of traffic
control devices located in the right-of-way to provide directional
information to electric vehicle charging infrastructure acquired,
installed, or operated under this paragraph in this Act; (4) on-
premises signs to provide information about electric vehicle
charging infrastructure acquired, installed, or operated under this
paragraph in this Act; (5) development phase activities relating to
the acquisition or installation of electric vehicle charging
infrastructure, as determined by the Secretary; or (6) mapping and
analysis activities to evaluate, in an area in the United States
designated by the eligible entity, the locations of current and
future electric vehicle owners, to forecast commuting and travel
patterns of electric vehicles and the quantity of electricity
required to serve electric vehicle charging stations, to estimate
the concentrations of electric vehicle charging stations to meet
the needs of current and future electric vehicle drivers, to
estimate future needs for electric vehicle charging stations to
support the adoption and use of electric vehicles in shared
mobility solutions, such as micro-transit and transportation
network companies, and to develop an analytical model to allow a
city, county, or other political subdivision of a State or a local
agency to compare and evaluate different adoption and use scenarios
for electric vehicles and electric vehicle charging stations:
Provided further, That not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in
coordination with the Secretary of Energy and in consultation with
relevant stakeholders, shall, as appropriate, develop minimum
standards and requirements related to: (1) the installation,
operation, or maintenance by qualified technicians of electric
vehicle charging infrastructure under this paragraph in this Act;
(2) the interoperability of electric vehicle charging
infrastructure under this paragraph in this Act; (3) any traffic
control device or on-premises sign acquired, installed, or operated
under this paragraph in this Act; (4) any data requested by the
Secretary related to a project funded under this paragraph in this
Act, including the format and schedule for the submission of such
data; (5) network connectivity of electric vehicle charging
infrastructure; and (6) information on publicly available electric
vehicle charging infrastructure locations, pricing, real-time
availability, and accessibility through mapping applications:
Provided further, That not later than 1 year after the date of
enactment of this Act, the Secretary shall designate national
electric vehicle charging corridors that identify the near- and
long-term need for, and the location of, electric vehicle charging
infrastructure to support freight and goods movement at strategic
locations along major national highways, the National Highway
Freight Network established under section 167 of title 23, United
States Code, and goods movement locations including ports,
intermodal centers, and warehousing locations: Provided further,
That the report issued under section 151(e) of title 23, United
States Code, shall include a description of efforts to achieve
strategic deployment of electric vehicle charging infrastructure in
electric vehicle charging corridors, including progress on the
implementation of the Program under this paragraph in this Act:
Provided further, That, for fiscal year 2022, before distributing
funds made available under this paragraph in this Act to States,
the Secretary shall set aside from funds made available under this
paragraph in this Act to carry out this paragraph in this Act not
more than $300,000,000, which may be transferred to the Joint
Office described in the twenty-fourth proviso of this paragraph in
this Act, to establish such Joint Office and carry out its duties
under this paragraph in this Act: Provided further, That, for each
of fiscal years 2022 through 2026, after setting aside funds under
the preceding proviso, and before distributing funds made available
under this paragraph in this Act to States, the Secretary shall set
aside from funds made available under this paragraph in this Act
for such fiscal year to carry out this paragraph in this Act 10
percent for grants to States or localities that require additional
assistance to strategically deploy electric vehicle charging
infrastructure: Provided further, That not later than 1 year after
the date of enactment of this Act, the Secretary shall establish a
grant program to administer to States or localities the amounts set
aside under the preceding proviso: Provided further, That, except
as otherwise specified under this paragraph in this Act, funds made
available under this paragraph in this Act, other than funds
transferred under the nineteenth proviso of this paragraph in this
Act to the Joint Office, shall be administered as if apportioned
under chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph in this Act shall
not be transferable under section 126 of title 23, United States
Code: Provided further, That there is established a Joint Office
of Energy and Transportation (referred to in this paragraph in this
Act as the ``Joint Office'') in the Department of Transportation
and the Department of Energy to study, plan, coordinate, and
implement issues of joint concern between the two agencies, which
shall include: (1) technical assistance related to the deployment,
operation, and maintenance of zero emission vehicle charging and
refueling infrastructure, renewable energy generation, vehicle-to-
grid integration, including microgrids, and related programs and
policies; (2) data sharing of installation, maintenance, and
utilization in order to continue to inform the network build out of
zero emission vehicle charging and refueling infrastructure; (3)
performance of a national and regionalized study of zero emission
vehicle charging and refueling infrastructure needs and deployment
factors, to support grants for community resilience and electric
vehicle integration; (4) development and deployment of training and
certification programs; (5) establishment and implementation of a
program to promote renewable energy generation, storage, and grid
integration, including microgrids, in transportation rights-of-way;
(6) studying, planning, and funding for high-voltage distributed
current infrastructure in the rights-of way of the Interstate
System and for constructing high-voltage and or medium-voltage
transmission pilots in the rights-of-way of the Interstate System;
(7) research, strategies, and actions under the Departments'
statutory authorities to reduce transportation-related emissions
and mitigate the effects of climate change; (8) development of a
streamlined utility accommodations policy for high-voltage and
medium-voltage transmission in the transportation right-of-way; and
(9) any other issues that the Secretary of Transportation and the
Secretary of Energy identify as issues of joint interest: Provided
further, That the Joint Office of Energy and Transportation shall
establish and maintain a public database, accessible on both
Department of Transportation and Department of Energy websites,
that includes: (1) information maintained on the Alternative Fuel
Data Center by the Office of Energy Efficiency and Renewable Energy
of the Department of Energy with respect to the locations of
electric vehicle charging stations; (2) potential locations for
electric vehicle charging stations identified by eligible entities
through the program; and (3) the ability to sort generated results
by various characteristics with respect to electric vehicle
charging stations, including location, in terms of the State, city,
or county; status (operational, under construction, or planned);
and charging type, in terms of Level 2 charging equipment or Direct
Current Fast Charging Equipment: Provided further, That the
Secretary of Transportation and the Secretary of Energy shall
cooperatively administer the Joint Office consistent with this
paragraph in this Act: Provided further, That the Secretary of
Transportation and the Secretary of Energy may transfer funds
between the Department of Transportation and the Department of
Energy from funds provided under this paragraph in this Act to
establish the Joint Office and to carry out its duties under this
paragraph in this Act and any such funds or portions thereof
transferred to the Joint Office may be transferred back to and
merged with this account: Provided further, That the Secretary of
Transportation and the Secretary of Energy shall notify the House
and Senate Committees on Appropriations not less than 15 days prior
to transferring any funds under the previous proviso: Provided
further, That for the purposes of funds made available under this
paragraph in this Act: (1) the term ``State'' has the meaning given
such term in section 101 of title 23, United States Code; and (2)
the term ``Federal-aid highway'' means a public highway eligible
for assistance under chapter 1 of title 23, United States Code,
other than a highway functionally classified as a local road or
rural minor collector: Provided further, That, of the funds made
available in this division or division A of this Act for the
Federal lands transportation program under section 203 of title 23,
United States Code, not less than $7,000,000 shall be made
available for each Federal agency otherwise eligible to compete for
amounts made available under that section for each of fiscal years
2022 through 2026;
(3) $3,200,000,000 shall be to carry out the Nationally
Significant Freight and Highway Projects program under section 117
of title 23, United States Code;
(4) $9,235,000,000 shall be to carry out the Bridge Investment
Program under section 124 of title 23, United States Code:
Provided, That, of the funds made available under this paragraph in
this Act for a fiscal year, $20,000,000 shall be set aside to carry
out section 202(d) of title 23, United States Code: Provided
further, That, of the funds made available under this paragraph in
this Act for a fiscal year, $20,000,000 shall be set aside to
provide grants for planning, feasibility analysis, and revenue
forecasting associated with the development of a project that would
subsequently be eligible to apply for assistance under this
paragraph: Provided further, That funds set aside under the first
proviso of this paragraph in this Act to carry out section 202(d)
of such title shall be in addition to funds otherwise made
available to carry out such section and shall be administered as if
made available under such section: Provided further, That for
funds set aside under the first proviso of this paragraph in this
Act to carry out section 202(d) of title 23, United States Code,
the Federal share of the costs shall be 100 percent;
(5) $150,000,000 shall be to carry out the Reduction of Truck
Emissions at Port Facilities Program under section 11402 of
division A of this Act: Provided, That, except as otherwise
provided in section 11402 of division A of this Act, the funds made
available under this paragraph in this Act shall be administered as
if apportioned under chapter 1 of title 23, United States Code;
(6) $95,000,000, to remain available until expended for amounts
made available for each of fiscal years 2022 through 2026, shall be
to carry out the University Transportation Centers Program under
section 5505 of title 49, United States Code;
(7) $500,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through 2026,
shall be to carry out the Reconnecting Communities Pilot Program
(referred to under this paragraph in this Act as the ``pilot
program'') under section 11509 of division A of this Act, of which
$100,000,000 shall be for planning grants under section 11509(c) of
division A of this Act and of which $400,000,000 shall be available
for capital construction grants under section 11509(d) of division
A of this Act: Provided, That of the amounts made available under
this paragraph in this Act for section 11509(c) of division A of
this Act, the Secretary may use not more than $15,000,000 during
the period of fiscal years 2022 through 2026 to provide technical
assistance under section 11509(c)(3) of division A of this Act:
Provided further, That, except as otherwise provided in section
11509 of division A of this Act, amounts made available under this
paragraph in this Act shall be administered as if made available
under chapter 1 of title 23, United States Code;
(8) $342,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through 2026,
shall be to carry out the Construction of Ferry Boats and Ferry
Terminal Facilities program under section 147 of title 23, United
States Code: Provided, That amounts made available under this
paragraph in this Act shall be administered as if made available
under section 147 of title 23, United States Code; and
(9) $1,250,000,000, to remain available until expended for
amounts made available for each of fiscal years 2022 through 2026,
shall be for construction of the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240:
Provided, That, for the purposes of funds made available under this
paragraph in this Act for construction of the Appalachian
Development Highway System, the term ``Appalachian State'' means a
State that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region, as
defined in section 14102(a) of title 40, United States Code:
Provided further, That a project carried out with funds made
available under this paragraph in this Act for construction of the
Appalachian Development Highway System shall be made available for
obligation in the same manner as if apportioned under chapter 1 of
title 23, United States Code, except that: (1) the Federal share of
the cost of any project carried out with those amounts shall be
determined in accordance with section 14501 of title 40, United
States Code; and (2) the amounts shall be available to construct
highways and access roads under section 14501 of title 40, United
States Code: Provided further, That, subject to the following two
provisos, in consultation with the Appalachian Regional Commission,
the funds made available under this paragraph in this Act for
construction of the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the percentages
derived from the 2021 Appalachian Development Highway System Cost-
to-Complete Estimate, dated March 2021, and confirmed as each
Appalachian State's relative share of the estimated remaining need
to complete the Appalachian Development Highway System, adjusted to
exclude those corridors that such States have no current plans to
complete, as reported in the 2013 Appalachian Development Highway
System Completion Report, unless those States have modified and
assigned a higher priority for completion of an Appalachian
Development Highway System corridor, as reported in the 2020
Appalachian Development Highway System Future Outlook: Provided
further, That the Secretary shall adjust apportionments made under
the third proviso in this paragraph in this Act so that no
Appalachian State shall be apportioned an amount in excess of 30
percent of the amount made available for construction of the
Appalachian Development Highway System under this heading:
Provided further, That the Secretary shall adjust apportionments
made under the third proviso in this paragraph in this Act so that:
(1) each State shall be apportioned an amount not less than
$10,000,000 for each of fiscal years 2022 through 2026; and (2)
notwithstanding paragraph (1) of this proviso, a State shall not
receive an apportionment that exceeds the remaining funds needed to
complete the Appalachian development highway corridor or corridors
in the State, as identified in the latest available cost to
complete estimate for the system prepared by the Appalachian
Regional Commission: Provided further, That the Federal share of
the cost of any project carried out with funds made available under
this paragraph in this Act shall be up to 100 percent, as
determined by the State:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Motor Carrier Safety Administration
motor carrier safety operations and program
For an additional amount for ``Motor Carrier Safety Operations and
Program'', $50,000,000, to remain available until September 30, 2029,
to carry out motor carrier safety operations and programs pursuant to
section 31110 of title 49, United States Code, in addition to amounts
otherwise provided for such purpose: Provided, That $10,000,000, to
remain available until September 30, 2025, shall be made available for
fiscal year 2022, $10,000,000, to remain available until September 30,
2026, shall be made available for fiscal year 2023, $10,000,000, to
remain available until September 30, 2027, shall be made available for
fiscal year 2024, $10,000,000, to remain available until September 30,
2028, shall be made available for fiscal year 2025, and $10,000,000, to
remain available until September 30, 2029, shall be made available for
fiscal year 2026: Provided further, That amounts made available under
this heading in this Act shall be derived from the general fund of the
Treasury, shall be in addition to any other amounts made available for
such purpose, and shall not affect the distribution or amount of funds
provided in any Act making annual appropriations: Provided further,
That obligations of funds under this heading in this Act shall not be
subject to any limitations on obligations provided in any Act making
annual appropriations: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and pursuant
to section 251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
motor carrier safety grants
For an additional amount for ``Motor Carrier Safety Grants'',
$622,500,000, to remain available until September 30, 2029, to carry
out sections 31102, 31103, 31104, and 31313 of title 49, United States
Code, in addition to amounts otherwise provided for such purpose:
Provided, That $124,500,000, to remain available until September 30,
2025, shall be made available for fiscal year 2022, $124,500,000, to
remain available until September 30, 2026, shall be made available for
fiscal year 2023, $124,500,000, to remain available until September 30,
2027, shall be made available for fiscal year 2024, $124,500,000, to
remain available until September 30, 2028, shall be made available for
fiscal year 2025, and $124,500,000, to remain available until September
30, 2029, shall be made available for fiscal year 2026: Provided
further, That, of the amounts provided under this heading in this Act,
the following amounts shall be available for the following purposes in
equal amounts for each of fiscal years 2022 through 2026--
(1) up to $400,000,000 shall be for the motor carrier safety
assistance program;
(2) up to $80,000,000 shall be for the commercial driver's
license program implementation program;
(3) up to $132,500,000 shall be for the high priority
activities program; and
(4) up to $10,000,000 shall be for commercial motor vehicle
operators grants:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund of the Treasury, shall
be in addition to any other amounts made available for such purpose,
and shall not affect the distribution or amount of funds provided in
any Act making annual appropriations: Provided further, That
obligations of funds under this heading in this Act shall not be
subject to any limitations on obligations provided in any Act making
annual appropriations: Provided further, That up to 1.5 percent of the
amounts made available under this heading in this Act in each fiscal
year shall be for oversight and administration: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and pursuant to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Highway Traffic Safety Administration
crash data
(including transfer of funds)
For an additional amount for ``Crash Data'', $750,000,000, to
remain available until September 30, 2029, to carry out section 24108
of division B of this Act: Provided, That $150,000,000, to remain
available until September 30, 2025, shall be made available for fiscal
year 2022, $150,000,000, to remain available until September 30, 2026,
shall be made available for fiscal year 2023, $150,000,000, to remain
available until September 30, 2027, shall be made available for fiscal
year 2024, $150,000,000, to remain available until September 30, 2028,
shall be made available for fiscal year 2025, and $150,000,000, to
remain available until September 30, 2029, shall be made available for
fiscal year 2026: Provided further, That up to 3 percent of the
amounts made available under this heading in this Act in each of fiscal
years 2022 through 2026 shall be for salaries and expenses,
administration, and oversight, and shall be transferred and merged with
the appropriations under the heading ``Operations and Research'':
Provided further, That not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the House and Senate Committees on Appropriations a funding allocation
plan for fiscal year 2022: Provided further, That for each fiscal year
through 2026, as part of the annual budget submission of the President
under section 1105(a) of title 31, United States Code, the Secretary of
Transportation shall submit a funding allocation plan for funding that
will be made available under this heading in the upcoming fiscal year:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and pursuant to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
vehicle safety and behavioral research programs
(including transfer of funds)
For an additional amount for ``Vehicle Safety and Behavioral
Research Programs'', $548,500,000, to remain available until September
30, 2029, to carry out the provisions of section 403 of title 23,
United States Code, including behavioral research on Automated Systems
and Advanced Driver Assistance Systems and improving consumer responses
to safety recalls, and chapter 303 of title 49, United States Code, in
addition to amounts otherwise provided for such purpose: Provided,
That $109,700,000, to remain available until September 30, 2025, shall
be made available for fiscal year 2022, $109,700,000, to remain
available until September 30, 2026, shall be made available for fiscal
year 2023, $109,700,000, to remain available until September 30, 2027,
shall be made available for fiscal year 2024, $109,700,000, to remain
available until September 30, 2028, shall be made available for fiscal
year 2025, and $109,700,000 to remain available until September 30,
2029, shall be made available for fiscal year 2026: Provided further,
That amounts made available under this heading in this Act shall be
derived from the general fund of the Treasury: Provided further, That
obligations of funds under this heading in this Act shall not be
subject to any limitations on obligations provided in any Act making
annual appropriations: Provided further, That of the amounts made
available under this heading in this Act, up to $350,000,000 may be
transferred to ``Operations and Research'' to carry out traffic and
highway safety authorized under chapter 301 and part C of subtitle VI
of title 49, United States Code: Provided further, That not later than
90 days after the date of enactment of this Act, the Secretary of
Transportation shall submit to the House and Senate Committees on
Appropriations a funding allocation for fiscal year 2022: Provided
further, That for each fiscal year through 2026, as part of the annual
budget submission of the President under section 1105(a) of title 31,
United States Code, the Secretary of Transportation shall submit a
funding allocation for funding that will be made available under this
heading in the upcoming fiscal year: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and pursuant to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
supplemental highway traffic safety programs
For an additional amount for ``Supplemental Highway Traffic Safety
Programs'', $310,000,000, to remain available until September 30, 2029,
to carry out sections 402 and 405 of title 23, United States Code, and
section 24101(a)(5) of division B of this Act: Provided, That
$62,000,000, to remain available until September 30, 2025, shall be
made available for fiscal year 2022, $62,000,000, to remain available
until September 30, 2026, shall be made available for fiscal year 2023,
$62,000,000, to remain available until September 30, 2027, shall be
made available for fiscal year 2024, $62,000,000, to remain available
until September 30, 2028, shall be made available for fiscal year 2025,
and $62,000,000 to remain available until September 30, 2029, shall be
made available for fiscal year 2026: Provided further, That amounts
made available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That obligations of
funds under this heading in this Act shall not be subject to any
limitations on obligations provided in any Act making annual
appropriations: Provided further, That, of the amounts provided under
this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026:
(1) $100,000,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $110,000,000 shall be for national priority safety programs
under section 405 of title 23, United States Code; and
(3) $100,000,000 shall be for administrative expenses under
section 24101(a)(5) of division B of this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and pursuant to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
consolidated rail infrastructure and safety improvements
For an additional amount for ``Consolidated Rail Infrastructure and
Safety Improvements'', $5,000,000,000, to remain available until
expended, for competitive grants, as authorized under section 22907 of
title 49, United States Code: Provided, That $1,000,000,000, to remain
available until expended, shall be made available for fiscal year 2022,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$1,000,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $1,000,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That the Secretary may withhold up to 2 percent of the amounts
provided under this heading in this Act in each fiscal year for the
costs of award and project management oversight of grants carried out
under section 22907 of title 49, United States Code: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $6,000,000,000, to remain
available until expended, for activities associated with the Northeast
Corridor, as authorized by section 22101(a) of division B of this Act:
Provided, That $1,200,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $1,200,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the amounts
made available under this heading in this Act shall be made available
for capital projects for the purpose of eliminating the backlog of
obsolete assets and Amtrak's deferred maintenance backlog of rolling
stock, facilities, stations, and infrastructure: Provided further,
That amounts made available under this heading in this Act shall be
made available for the following capital projects--
(1) acquiring new passenger rolling stock for the replacement
of single-level passenger cars used in Amtrak's Northeast Corridor
services, and associated rehabilitation, upgrade, and expansion of
facilities used to maintain and store such equipment;
(2) bringing Amtrak-served stations to full compliance with the
Americans with Disabilities Act;
(3) eliminating the backlog of deferred capital work on sole-
benefit Amtrak-owned assets located on the Northeast Corridor; or
(4) carrying out Northeast Corridor capital renewal backlog
projects:
Provided further, That not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the House and Senate Committees on Appropriations a detailed spend
plan, including a list of project locations under the preceding proviso
to be funded for fiscal year 2022: Provided further, That for each
fiscal year through 2026, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code,
the Secretary of Transportation shall submit a detailed spend plan for
that fiscal year, including a list of project locations under the third
proviso: Provided further, That amounts made available under this
heading in this Act shall be in addition to other amounts made
available for such purposes, including to enable the Secretary of
Transportation to make or amend existing grants to Amtrak for
activities associated with the Northeast Corridor, as authorized by
section 22101(a) of division B of this Act: Provided further, That
amounts made available under this heading in this Act may be used by
Amtrak to fund, in whole or in part, the capital costs of Northeast
Corridor capital renewal backlog projects, including the costs of joint
public transportation and intercity passenger rail capital projects,
notwithstanding the limitations in section 24319(g) and section
24905(c) of title 49, United States Code: Provided further, That
notwithstanding section 24911(f) of title 49, United States Code,
amounts made available under this heading in this Act may be used as
non-Federal share for Northeast Corridor projects selected for award
under such section after the date of enactment of this Act: Provided
further, That the Secretary may retain up to one half of 1 percent of
the amounts made available under both this heading in this Act and the
``National Network Grants to the National Railroad Passenger
Corporation'' heading in this Act to fund the costs of oversight of
Amtrak, as authorized by section 22101(c) of division B of this Act:
Provided further, That in addition to the oversight funds authorized
under section 22101(c) of division B of this Act, the Secretary may
retain up to $5,000,000 of the funds made available under this heading
in this Act for each fiscal year for the Northeast Corridor Commission
established under section 24905 of title 49, United States Code, to
facilitate a coordinated and efficient delivery of projects carried out
under this heading in this Act: Provided further, That amounts made
available under this heading in this Act may be transferred to and
merged with amounts made available under the heading ``National Network
Grants to the National Railroad Passenger Corporation'' in this Act for
the purposes authorized under that heading: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
(including transfer of funds)
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $16,000,000,000, to remain
available until expended, for activities associated with the National
Network, as authorized by section 22101(b) of division B of this Act:
Provided, That $3,200,000,000, to remain available until expended,
shall be made available for fiscal year 2022, $3,200,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $3,200,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$3,200,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That amounts made
available under this heading in this Act shall be made available for
capital projects for the purpose of eliminating Amtrak's deferred
maintenance backlog of rolling stock, facilities, stations and
infrastructure, including--
(1) acquiring new passenger rolling stock to replace obsolete
passenger equipment used in Amtrak's long-distance and state-
supported services, and associated rehabilitation, upgrade, or
expansion of facilities used to maintain and store such equipment;
(2) bringing Amtrak-served stations to full compliance with the
Americans with Disabilities Act;
(3) eliminating the backlog of deferred capital work on Amtrak-
owned railroad assets not located on the Northeast Corridor; and
(4) projects to eliminate the backlog of obsolete assets
associated with Amtrak's national rail passenger transportation
system, such as systems for reservations, security, training
centers, and technology:
Provided further, That not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the House and Senate Committees on Appropriations a detailed spend
plan, including a list of project locations under the preceding proviso
to be funded for fiscal year 2022: Provided further, That for each
fiscal year through 2026, as part of the annual budget submission of
the President under section 1105(a) of title 31, United States Code,
the Secretary of Transportation shall submit a detailed spend plan for
that fiscal year, including a list of project locations under the third
proviso: Provided further, That of the amounts made available under
this heading in this Act, and in addition to amounts made available for
similar purposes under this heading in prior Acts, Amtrak shall use
such amounts as necessary for the replacement of single-level passenger
cars and associated rehabilitation, upgrade, and expansion of
facilities used to maintain and store such passenger cars, and such
amounts shall be for its direct costs and in lieu of payments from
States for such purposes, notwithstanding section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110-432), as
amended: Provided further, That amounts made available under this
heading in this Act shall be in addition to other amounts made
available for such purposes, including to enable the Secretary of
Transportation to make or amend existing grants to Amtrak for
activities associated with the National Network, as authorized by
section 22101(b) of division B of this Act: Provided further, That in
addition to the oversight funds authorized under section 22101(c) of
division B of this Act, the Secretary may retain up to $3,000,000 of
the funds made available under this heading in this Act for each fiscal
year for the State-Supported Route Committee established under section
24712(a) of title 49, United States Code: Provided further, That of
the funds made available under this heading in this Act, the Secretary
may retain up to $3,000,000 for each fiscal year for interstate rail
compact grants, as authorized by section 22910 of title 49, United
States Code: Provided further, That of the funds made available under
this heading in this Act, not less than $50,000,000 for each fiscal
year shall be used to make grants, as authorized under section 22908 of
title 49 United States Code consistent with the requirements of that
section: Provided further, That of the amounts made available under
this heading in this Act, such sums as are necessary, shall be
available for purposes authorized in section 22214 of division B of
this Act: Provided further, That amounts made available under this
heading in this Act may be transferred to and merged with amounts made
available under the heading ``Northeast Corridor Grants to the National
Railroad Passenger Corporation'' in this Act for the purposes
authorized under that heading: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
railroad crossing elimination program
For an additional amount for ``Railroad Crossing Elimination
Program'', $3,000,000,000, to remain available until expended, for
competitive grants, as authorized under section 22909 of title 49,
United States Code: Provided, That $600,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$600,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $600,000,000, to remain available until
expended, shall be made available for fiscal year 2024, $600,000,000,
to remain available until expended, shall be made available for fiscal
year 2025, and $600,000,000, to remain available until expended, shall
be made available for fiscal year 2026: Provided further, That the
Secretary may withhold up to 2 percent of the amounts provided under
this heading in this Act for the costs of award and project management
oversight of grants carried out under section 22909 of title 49, United
States Code: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
federal-state partnership for intercity passenger rail grants
For an additional amount for ``Federal-State Partnership for
Intercity Passenger Rail Grants'', $36,000,000,000, to remain available
until expended, for grants, as authorized section 24911 of title 49,
United States Code: Provided, That $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2022,
$7,200,000,000, to remain available until expended, shall be made
available for fiscal year 2023, $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2024,
$7,200,000,000, to remain available until expended, shall be made
available for fiscal year 2025, and $7,200,000,000, to remain available
until expended, shall be made available for fiscal year 2026: Provided
further, That, notwithstanding subsection 24911(d)(3) of title 49,
United States Code, not more than $24,000,000,000 of the amounts made
available under this heading in this Act for fiscal years 2022 through
2026 shall be for projects for the Northeast Corridor: Provided
further, That amounts made available under the heading ``Northeast
Corridor Grants to the National Railroad Passenger Corporation'' in
this Act may be used as non-Federal share for Northeast Corridor
projects selected for award under section 24911 of title 49, United
States Code, after the date of enactment of this Act, notwithstanding
subsection 24911(f) of such title: Provided further, That the
Secretary may withhold up to 2 percent of the amount provided under
this heading in this Act in each fiscal year for the costs of award and
project management oversight of grants carried out under section 24911
of title 49, United States Code: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and to
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
administrative provisions--federal railroad administration
(including transfer of funds)
Sec. 802. Amounts made available to the Secretary of
Transportation or to the Federal Railroad Administration in this title
in this Act for the costs of award, administration, and project
management oversight of financial assistance under the programs that
are administered by the Federal Railroad Administration may be
transferred to a ``Financial Assistance Oversight and Technical
Assistance'' account, to remain available until expended, for the
necessary expenses to support the award, administration, project
management oversight, and technical assistance of programs administered
by the Federal Railroad Administration under this Act: Provided, That
one-quarter of one percent of the amounts transferred pursuant to the
authority in this section in each of fiscal years 2022 through 2026
shall be transferred to the Office of Inspector General of the
Department of Transportation for oversight of funding provided to the
Department of Transportation in this title in this Act: Provided
further, That one-quarter of one percent of the amounts transferred
pursuant to the authority in this section in each of fiscal years 2022
through 2026 shall be transferred to the National Railroad Passenger
Corporation Office of Inspector General for oversight of funding
provided to the National Railroad Passenger Corporation in this title
in this Act.
Federal Transit Administration
transit infrastructure grants
(including transfer of funds)
For an additional amount for ``Transit Infrastructure Grants'',
$10,250,000,000, to remain available until expended: Provided, That
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $2,050,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$2,050,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the funds made
available under this heading in this Act shall be derived from the
general fund of the Treasury, shall be in addition to any other amounts
made available for such purpose, and shall not affect the distribution
of funds provided in any Act making annual appropriations: Provided
further, That the funds made available under this heading in this Act
shall not be subject to any limitation on obligations for the Federal
Public Transportation Assistance Program set forth in any Act making
annual appropriations: Provided further, That, of the amount provided
under this heading in this Act, the following amounts shall be for the
following purposes in equal amounts for each of fiscal years 2022
through 2026--
(1) $4,750,000,000 shall be to carry out the state of good
repair grants under section 5337(c) and (d) of title 49, United
States Code;
(2) $5,250,000,000 shall be to carry out the low or no emission
grants under section 5339(c) of title 49, United States Code; and
(3) $250,000,000 shall be to carry out the formula grants for
the enhanced mobility of seniors and individuals with disabilities
as authorized under section 5310 of title 49, United States Code:
Provided further, That not more than two percent of the funds made
available under this heading in this Act shall be available for
administrative and oversight expenses as authorized under section 5334
and section 5338(c) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose: Provided
further, That one-half of one percent of the amounts in the preceding
proviso shall be transferred to the Office of Inspector General of the
Department of Transportation for oversight of funding provided to the
Department of Transportation in this title in this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for fiscal
year 2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
capital investment grants
(including transfer of funds)
For an additional amount for ``Capital Investment Grants'',
$8,000,000,000, to remain available until expended: Provided, That
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2023,
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $1,600,000,000, to remain available
until expended, shall be made available for fiscal year 2025, and
$1,600,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That not more than
55 percent of the funds made available under this heading in this Act
in each fiscal year may be available for projects authorized under
section 5309(d) of title 49, United States Code: Provided further,
That not more than 20 percent of the funds made available under this
heading in this Act in each fiscal year may be available for projects
authorized under section 5309(e) of title 49, United States Code:
Provided further, That not more than 15 percent of the funds made
available under this heading in this Act in each fiscal year may be
available for projects authorized under section 5309(h) of title 49,
United States Code: Provided further, That not more than 10 percent of
the funds made available under this heading in this Act in each fiscal
year may be available for projects authorized under section 3005(b) of
the Fixing America's Surface Transportation Act: Provided further,
That the Secretary may adjust the percentage limitations in any of the
preceding four provisos by up to 5 percent in each fiscal year for
which funds are made available under this heading in this Act only when
there are unobligated carry over balances from funds provided for
section 5309(d), section 5309(e), or section 5309(h) of title 49,
United States Code, or section 3005(b) of the Fixing America's
Transportation Act that are equal to or greater than amounts provided
under this heading in this Act: Provided further, That for each fiscal
year through 2026, as part of the annual budget submission of the
President under section 1105(a) of title 31, United States Code, the
Secretary of Transportation shall submit a list of potential projects
eligible for the funds made available under this heading in this Act
for that fiscal year, including project locations and proposed funding
amounts consistent with the projects Full Funding Grant Agreement
annual funding profile where applicable: Provided further, That funds
allocated to any project during fiscal years 2015 or 2017 pursuant to
section 5309 of title 49, United States Code, shall remain allocated to
that project through fiscal year 2023: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
all stations accessibility program
(including transfer of funds)
For an additional amount for ``All Stations Accessibility
Program'', $1,750,000,000, to remain available until expended, for the
Secretary of Transportation to make competitive grants to assist
eligible entities in financing capital projects to upgrade the
accessibility of legacy rail fixed guideway public transportation
systems for persons with disabilities, including those who use
wheelchairs, by increasing the number of existing (as of the date of
enactment of this Act) stations or facilities for passenger use that
meet or exceed the new construction standards of title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):
Provided, That $350,000,000, to remain available until expended, shall
be made available for fiscal year 2022, $350,000,000, to remain
available until expended, shall be made available for fiscal year 2023,
$350,000,000, to remain available until expended, shall be made
available for fiscal year 2024, $350,000,000, to remain available until
expended, shall be made available for fiscal year 2025, and
$350,000,000, to remain available until expended, shall be made
available for fiscal year 2026: Provided further, That the funds made
available under this heading in this Act shall be derived from the
general fund of the Treasury: Provided further, That eligible entities
under this heading in this Act shall include a State or local
government authority: Provided further, That an eligible entity may
use a grant awarded under this heading in this Act: (1) for a project
to repair, improve, modify, retrofit, or relocate infrastructure of
stations or facilities for passenger use, including load-bearing
members that are an essential part of the structural frame; or (2) to
develop or modify a plan for pursuing public transportation
accessibility projects, assessments of accessibility, or assessments of
planned modifications to stations or facilities for passenger use:
Provided further, That eligible entities are encouraged to consult with
appropriate stakeholders and the surrounding community to ensure
accessibility for individuals with disabilities, including
accessibility for individuals with physical disabilities, including
those who use wheelchairs, accessibility for individuals with sensory
disabilities, and accessibility for individuals with intellectual or
developmental disabilities: Provided further, That all projects shall
at least meet the new construction standards of title II of the
Americans with Disabilities Act of 1990: Provided further, That
eligible costs for a project funded with a grant awarded under this
heading in this Act shall be limited to the costs associated with
carrying out the purpose described in the preceding proviso: Provided
further, That an eligible entity may not use a grant awarded under this
heading in this Act to upgrade a station or facility for passenger use
that is accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, consistent with current (as
of the date of the upgrade) new construction standards under title II
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et
seq.): Provided further, That a grant for a project made with amounts
made available under this heading in this Act shall be for 80 percent
of the net project cost: Provided further, That the total Federal
financial assistance available under chapter 53 of title 49, United
States Code, for an eligible entity that receives a grant awarded under
this heading in this Act may not exceed 80 percent: Provided further,
That the recipient of a grant made with amounts made available under
this heading in this Act may provide additional local matching amounts:
Provided further, That not more than two percent of the funds made
available under this heading in this Act shall be available for
administrative and oversight expenses as authorized under section 5334
and section 5338(c) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose: Provided
further, That one-half of one percent of the of the amounts in the
preceding proviso shall be transferred to the Office of Inspector
General of the Department of Transportation for oversight of funding
provided to the Department of Transportation in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
electric or low-emitting ferry program
(including transfer of funds)
For competitive grants for electric or low-emitting ferry pilot
program grants as authorized under section 71102 of division G of this
Act, $250,000,000, to remain available until expended: Provided, That
$50,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $50,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $50,000,000, to
remain available until expended, shall be made available for fiscal
year 2024, $50,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $50,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund of the Treasury:
Provided further, That the amounts made available under this heading in
this Act shall not be subject to any limitation on obligations for
transit programs set forth in any Act making annual appropriations:
Provided further, That not more than two percent of the funds made
available under this heading in this Act shall be available for
administrative and oversight expenses as authorized under section 5334
and section 5338(c) of title 49, United States Code, and shall be in
addition to any other appropriations for such purpose: Provided
further, That one-half of one percent of the of the amounts in the
preceding proviso shall be transferred to the Office of Inspector
General of the Department of Transportation for oversight of funding
provided to the Department of Transportation in this title in this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
ferry service for rural communities
(including transfer of funds)
For competitive grants to States for eligible essential ferry
service as authorized under section 71103 of division G of this Act,
$1,000,000,000, to remain available until expended: Provided, That
$200,000,000, to remain available until expended, shall be made
available for fiscal year 2022, $200,000,000, to remain available until
expended, shall be made available for fiscal year 2023, $200,000,000,
to remain available until expended, shall be made available for fiscal
year 2024, $200,000,000, to remain available until expended, shall be
made available for fiscal year 2025, and $200,000,000, to remain
available until expended, shall be made available for fiscal year 2026:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund of the Treasury:
Provided further, That amounts made available under this heading in
this Act shall not be subject to any limitation on obligations for the
Federal Public Transportation Assistance Program set forth in any Act
making annual appropriations: Provided further, That not more than two
percent of the funds made available under this heading in this Act
shall be available for administrative and oversight expenses as
authorized under section 5334 and section 5338(c) of title 49, United
States Code, and shall be in addition to any other appropriations for
such purpose: Provided further, That one-half of one percent of the
amounts in the preceding proviso shall be transferred to the Office of
Inspector General of the Department of Transportation for oversight of
funding provided to the Department of Transportation in this title in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$25,000,000, to remain available until September 30, 2032, for the
America's Marine Highway Program to make grants for the purposes
authorized under sections 55601(b)(1) and (3) of title 46, United
States Code: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
port infrastructure development program
For an additional amount for ``Port Infrastructure Development
Program'', $2,250,000,000, to remain available until September 30,
2036: Provided, That $450,000,000, to remain available until September
30, 2032, shall be made available for fiscal year 2022, $450,000,000,
to remain available until September 30, 2033, shall be made available
for fiscal year 2023, $450,000,000, to remain available until September
30, 2034, shall be made available for fiscal year 2024, $450,000,000,
to remain available until September 30, 2035, shall be made available
for fiscal year 2025, and $450,000,000, to remain available until
September 30, 2036, shall be made available for fiscal year 2026:
Provided further, That for the purposes of amounts made available under
this heading in this Act and in prior Acts, and in addition to projects
already eligible for awards under this heading, eligible projects, as
defined under section 50302(c)(3) of title 46, United States Code,
shall also include projects that improve the resiliency of ports to
address sea-level rise, flooding, extreme weather events, earthquakes,
and tsunami inundation, as well as projects that reduce or eliminate
port-related criteria pollutant or greenhouse gas emissions, including
projects for--
(1) Port electrification or electrification master planning;
(2) Harbor craft or equipment replacements/retrofits;
(3) Development of port or terminal micro-grids;
(4) Providing idling reduction infrastructure;
(5) Purchase of cargo handling equipment and related
infrastructure;
(6) Worker training to support electrification technology;
(7) Installation of port bunkering facilities from ocean-going
vessels for fuels;
(8) Electric vehicle charge or hydrogen refueling
infrastructure for drayage, and medium or heavy duty trucks and
locomotives that service the port and related grid upgrades; or
(9) Other related to port activities including charging
infrastructure, electric rubber-tired gantry cranes, and anti-
idling technologies:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, and to section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Pipeline and Hazardous Materials Safety Administration
natural gas distribution infrastructure safety and modernization grant
program
(including transfer of funds)
For an additional amount for ``Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program'',
$1,000,000,000, to remain available until expended for the Secretary of
Transportation to make competitive grants for the modernization of
natural gas distribution pipelines: Provided, That $200,000,000, to
remain available until September 30, 2032, shall be made available for
fiscal year 2022, $200,000,000, to remain available until September 30,
2033, shall be made available for fiscal year 2023, $200,000,000, to
remain available until September 30, 2034, shall be made available for
fiscal year 2024, $200,000,000, to remain available until September 30,
2035, shall be made available for fiscal year 2025, and $200,000,000,
to remain available until September 30, 2036, shall be made available
for fiscal year 2026: Provided further, That grants from funds made
available under this heading in this Act shall be available to a
municipality or community owned utility (not including for-profit
entities) to repair, rehabilitate, or replace its natural gas
distribution pipeline system or portions thereof or to acquire
equipment to (1) reduce incidents and fatalities and (2) avoid economic
losses: Provided further, That in making grants from funds made
available under this heading in this Act, the Secretary shall establish
procedures for awarding grants that take into consideration the
following: (1) the risk profile of the existing pipeline system
operated by the applicant, including the presence of pipe prone to
leakage; (2) the potential of the project for creating jobs; (3) the
potential for benefiting disadvantaged rural and urban communities; and
(4) economic impact or growth: Provided further, That the Secretary
shall not award more than 12.5 percent of the funds available under
this heading to a single municipality or community-owned utility:
Provided further, That the Secretary shall issue a notice of funding
opportunity not later than 180 days after each date upon which funds
are made available under the first proviso: Provided further, That the
Secretary shall make awards not later than 270 days after issuing the
notices of funding opportunity required under the preceding proviso:
Provided further, That not more than 2 percent of the amounts made
available in each fiscal year shall be available to pay the
administrative costs of carrying out the grant program under this
heading in this Act: Provided further, That one-half of one percent of
the amounts transferred pursuant to the authority in this section in
each of fiscal years 2022 through 2026 shall be transferred to the
Office of Inspector General of the Department of Transportation for
oversight of funding provided to the Department of Transportation in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
General Provision--Department of Transportation
Sec. 803. Any funds transferred to the Office of Inspector General
of the Department of Transportation from amounts made available in this
division in this Act shall remain available until expended.
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
Sec. 901. Each amount appropriated or made available by this
division is in addition to amounts otherwise appropriated for the
fiscal year involved.
Sec. 902. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 903. Unless otherwise provided for by this division, the
additional amounts appropriated by this division to appropriations
accounts for a fiscal year shall be available under the authorities and
conditions applicable to such appropriations accounts for that fiscal
year.
Sec. 904. Any amount appropriated by this division, designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and transferred
pursuant to transfer authorities provided by this division shall retain
such designation.
budgetary effects
Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of
this division and amounts rescinded in section 90007 of division I that
were previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay As-You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division and amounts rescinded in section 90007 of division I that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the budgetary effects of this
division and amounts rescinded in section 90007 of division I that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be estimated for purposes
of section 251 of such Act and as appropriations for discretionary
accounts for purposes of the allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional Budget
Act of 1974 and section 4112 of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018.
This division may be cited as the ``Infrastructure Investments and
Jobs Appropriations Act''.
DIVISION K--MINORITY BUSINESS DEVELOPMENT
SEC. 100001. SHORT TITLE.
This division may be cited as the ``Minority Business Development
Act of 2021''.
SEC. 100002. DEFINITIONS.
In this division:
(1) Agency.--The term ``Agency'' means the Minority Business
Development Agency of the Department of Commerce.
(2) Community-based organization.--The term ``community-based
organization'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Eligible entity.--Except as otherwise expressly provided,
the term ``eligible entity''--
(A) means--
(i) a private sector entity;
(ii) a public sector entity; or
(iii) a Native entity; and
(B) includes an institution of higher education.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5, United
States Code.
(5) Federally recognized area of economic distress.--The term
``federally recognized area of economic distress'' means--
(A) a HUBZone, as that term is defined in section 31(b) of
the Small Business Act (15 U.S.C. 657a(b));
(B) an area that--
(i) has been designated as--
(I) an empowerment zone under section 1391 of the
Internal Revenue Code of 1986; or
(II) a Promise Zone by the Secretary of Housing and
Urban Development; or
(ii) is a low or moderate income area, as determined by
the Department of Housing and Urban Development;
(C) a qualified opportunity zone, as that term is defined
in section 1400Z-1 of the Internal Revenue Code of 1986; or
(D) any other political subdivision or unincorporated area
of a State determined by the Under Secretary to be an area of
economic distress.
(6) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
(7) MBDA business center.--The term ``MBDA Business Center''
means a business center that--
(A) is established by the Agency; and
(B) provides technical business assistance to minority
business enterprises consistent with the requirements of this
division.
(8) MBDA business center agreement.--The term ``MBDA Business
Center agreement'' means a legal instrument--
(A) reflecting a relationship between the Agency and the
recipient of a Federal assistance award that is the subject of
the instrument; and
(B) that establishes the terms by which the recipient
described in subparagraph (A) shall operate an MBDA Business
Center.
(9) Minority business enterprise.--
(A) In general.--The term ``minority business enterprise''
means a business enterprise--
(i) that is not less than 51 percent-owned by 1 or more
socially or economically disadvantaged individuals; and
(ii) the management and daily business operations of
which are controlled by 1 or more socially or economically
disadvantaged individuals.
(B) Rule of construction.--Nothing in subparagraph (A) may
be construed to exclude a business enterprise from qualifying
as a ``minority business enterprise'' under that subparagraph
because of--
(i) the status of the business enterprise as a for-
profit or not-for-profit enterprise; or
(ii) the annual revenue of the business enterprise.
(10) Native entity.--The term ``Native entity'' means--
(A) a Tribal Government;
(B) an Alaska Native village or Regional or Village
Corporation, as defined in or established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(C) a Native Hawaiian organization, as that term is defined
in section 6207 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7517);
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(11) Private sector entity.--The term ``private sector
entity''--
(A) means an entity that is not a public sector entity; and
(B) does not include--
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal Government.
(12) Public sector entity.--The term ``public sector entity''
means--
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State;
(D) an agency of a political subdivision of a State; or
(E) a Native entity.
(13) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(14) Socially or economically disadvantaged business concern.--
The term ``socially or economically disadvantaged business
concern'' means a for-profit business enterprise--
(A)(i) that is not less than 51 percent owned by 1 or more
socially or economically disadvantaged individuals; or
(ii) that is socially or economically disadvantaged; or
(B) the management and daily business operations of which
are controlled by 1 or more socially or economically
disadvantaged individuals.
(15) Socially or economically disadvantaged individual.--
(A) In general.--The term ``socially or economically
disadvantaged individual'' means an individual who has been
subjected to racial or ethnic prejudice or cultural bias (or
the ability of whom to compete in the free enterprise system
has been impaired due to diminished capital and credit
opportunities, as compared to others in the same line of
business and competitive market area) because of the identity
of the individual as a member of a group, without regard to any
individual quality of the individual that is unrelated to that
identity.
(B) Presumption.--In carrying out this division, the Under
Secretary shall presume that the term ``socially or
economically disadvantaged individual'' includes any individual
who is--
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific Islander; or
(vi) a member of a group that the Agency determines
under part 1400 of title 15, Code of Federal Regulations,
as in effect on November 23, 1984, is a socially
disadvantaged group eligible to receive assistance.
(16) Specialty center.--The term ``specialty center'' means an
MBDA Business Center that provides specialty services focusing on
specific business needs, including assistance relating to--
(A) capital access;
(B) Federal procurement;
(C) entrepreneurship;
(D) technology transfer; or
(E) any other area determined necessary or appropriate
based on the priorities of the Agency.
(17) State.--The term ``State'' means--
(A) each of the States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa;
(G) the Commonwealth of the Northern Mariana Islands; and
(H) each Tribal Government.
(18) Tribal government.--The term ``Tribal Government'' means
the recognized governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the date
of enactment of this division pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(19) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Minority Business Development, who
is appointed as described in section ___3(b) to administer this
division.
SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) In General.--There is within the Department of Commerce the
Minority Business Development Agency.
(b) Under Secretary.--
(1) Appointment and duties.--The Agency shall be headed by the
Under Secretary of Commerce for Minority Business Development, who
shall--
(A) be appointed by the President, by and with the advice
and consent of the Senate;
(B) except as otherwise expressly provided, be responsible
for the administration of this division; and
(C) report directly to the Secretary.
(2) Compensation.--
(A) In general.--The Under Secretary shall be compensated
at an annual rate of basic pay prescribed for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
(B) Technical and conforming amendment.--Section 5314 of
title 5, United States Code, is amended by striking ``and Under
Secretary of Commerce for Travel and Tourism'' and inserting
``Under Secretary of Commerce for Travel and Tourism, and Under
Secretary of Commerce for Minority Business Development''.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Director of the Agency shall be deemed to be a reference to the
Under Secretary.
(c) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that describes--
(1) the organizational structure of the Agency;
(2) the organizational position of the Agency within the
Department of Commerce; and
(3) a description of how the Agency shall function in relation
to the operations carried out by each other component of the
Department of Commerce.
(d) Office of Business Centers.--
(1) Establishment.--There is established within the Agency the
Office of Business Centers.
(2) Director.--The Office of Business Centers shall be
administered by a Director, who shall be appointed by the Under
Secretary.
(e) Offices of the Agency.--
(1) In general.--In addition to the regional offices that the
Under Secretary is required to establish under paragraph (2), the
Under Secretary shall establish such other offices within the
Agency as are necessary to carry out this division.
(2) Regional offices.--
(A) In general.--In order to carry out this division, the
Under Secretary shall establish a regional office of the Agency
for each of the regions of the United States, as determined by
the Under Secretary.
(B) Duties.--Each regional office established under
subparagraph (A) shall expand the reach of the Agency and
enable the Federal Government to better serve the needs of
minority business enterprises in the region served by the
office, including by--
(i) understanding and participating in the business
environment of that region;
(ii) working with--
(I) MBDA Business Centers that are located in that
region;
(II) resource and lending partners of other
appropriate Federal agencies that are located in that
region; and
(III) Federal, State, and local procurement offices
that are located in that region;
(iii) being aware of business retention or expansion
programs that are specific to that region;
(iv) seeking out opportunities to collaborate with
regional public and private programs that focus on minority
business enterprises; and
(v) promoting business continuity and preparedness.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
SEC. 100101. PRIVATE SECTOR DEVELOPMENT.
The Under Secretary shall, whenever the Under Secretary determines
such action is necessary or appropriate--
(1) provide Federal assistance to minority business enterprises
operating in domestic and foreign markets by making available to
those business enterprises, either directly or in cooperation with
private sector entities, including community-based organizations
and national nonprofit organizations--
(A) resources relating to management;
(B) technological and technical assistance;
(C) financial, legal, and marketing services; and
(D) services relating to workforce development;
(2) encourage minority business enterprises to establish joint
ventures and projects--
(A) with other minority business enterprises; or
(B) in cooperation with public sector entities or private
sector entities, including community-based organizations and
national nonprofit organizations, to increase the share of any
market activity being performed by minority business
enterprises; and
(3) facilitate the efforts of private sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 100102. PUBLIC SECTOR DEVELOPMENT.
The Under Secretary shall, whenever the Under Secretary determines
such action is necessary or appropriate--
(1) consult and cooperate with public sector entities for the
purpose of leveraging resources available in the jurisdictions of
those public sector entities to promote the position of minority
business enterprises in the local economies of those public sector
entities, including by assisting public sector entities to
establish or enhance--
(A) programs to procure goods and services through minority
business enterprises and goals for that procurement;
(B) programs offering assistance relating to--
(i) management;
(ii) technology;
(iii) law;
(iv) financing, including accounting;
(v) marketing; and
(vi) workforce development; and
(C) informational programs designed to inform minority
business enterprises located in the jurisdictions of those
public sector entities about the availability of programs
described in this section;
(2) meet with leaders and officials of public sector entities
for the purpose of recommending and promoting local administrative
and legislative initiatives needed to advance the position of
minority business enterprises in the local economies of those
public sector entities; and
(3) facilitate the efforts of public sector entities and
Federal agencies to advance the growth of minority business
enterprises.
SEC. 100103. RESEARCH AND INFORMATION.
(a) In General.--In order to achieve the purposes of this division,
the Under Secretary--
(1) shall--
(A) collect and analyze data, including data relating to
the causes of the success or failure of minority business
enterprises;
(B) conduct research, studies, and surveys of--
(i) economic conditions generally in the United States;
and
(ii) how the conditions described in clause (i)
particularly affect the development of minority business
enterprises; and
(C) provide outreach, educational services, and technical
assistance in, at a minimum, the 5 most commonly spoken
languages in the United States to ensure that limited English
proficient individuals receive culturally and linguistically
appropriate access to the services and information provided by
the Agency; and
(2) may perform an evaluation of programs carried out by the
Under Secretary that are designed to assist the development of
minority business enterprises.
(b) Information Clearinghouse.--The Under Secretary shall--
(1) establish and maintain an information clearinghouse for the
collection and dissemination to relevant parties (including
business owners and researchers) of demographic, economic,
financial, managerial, and technical data relating to minority
business enterprises; and
(2) take such steps as the Under Secretary may determine to be
necessary and desirable to--
(A) search for, collect, classify, coordinate, integrate,
record, and catalog the data described in paragraph (1); and
(B) in a manner that is consistent with section 552a of
title 5, United States Code, protect the privacy of the
minority business enterprises to which the data described in
paragraph (1) relates.
Subtitle B--Minority Business Development Agency Business Center
Program
SEC. 100111. DEFINITION.
In this subtitle, the term ``MBDA Business Center Program'' means
the program established under section ___113.
SEC. 100112. PURPOSE.
The purpose of the MBDA Business Center Program shall be to create
a national network of public-private partnerships that--
(1) assist minority business enterprises in--
(A) accessing capital, contracts, and grants; and
(B) creating and maintaining jobs;
(2) provide counseling and mentoring to minority business
enterprises; and
(3) facilitate the growth of minority business enterprises by
promoting trade.
SEC. 100113. ESTABLISHMENT.
(a) In General.--There is established in the Agency a program--
(1) that shall be known as the MBDA Business Center Program;
(2) that shall be separate and distinct from the efforts of the
Under Secretary under section ___101; and
(3) under which the Under Secretary shall make Federal
assistance awards to eligible entities to operate MBDA Business
Centers, which shall, in accordance with section ___114, provide
technical assistance and business development services, or
specialty services, to minority business enterprises.
(b) Coverage.--The Under Secretary shall take all necessary actions
to ensure that the MBDA Business Center Program, in accordance with
section ___114, offers the services described in subsection (a)(3) in
all regions of the United States.
SEC. 100114. GRANTS AND COOPERATIVE AGREEMENTS.
(a) Requirements.--An MBDA Business Center (referred to in this
subtitle as a ``Center''), with respect to the Federal financial
assistance award made to operate the Center under the MBDA Business
Center Program--
(1) shall--
(A) provide to minority business enterprises programs and
services determined to be appropriate by the Under Secretary,
which may include--
(i) referral services to meet the needs of minority
business enterprises; and
(ii) programs and services to accomplish the goals
described in section ___101(1);
(B) develop, cultivate, and maintain a network of strategic
partnerships with organizations that foster access by minority
business enterprises to economic markets, capital, or
contracts;
(C) continue to upgrade and modify the services provided by
the Center, as necessary, in order to meet the changing and
evolving needs of the business community;
(D) establish or continue a referral relationship with not
less than 1 community-based organization; and
(E) collaborate with other Centers; and
(2) in providing programs and services under the applicable
MBDA Business Center agreement, may--
(A) operate on a fee-for-service basis; or
(B) generate income through the collection of--
(i) client fees;
(ii) membership fees; and
(iii) any other appropriate fees proposed by the Center
in the application submitted by the Center under subsection
(e).
(b) Term.--Subject to subsection (g)(3), the term of an MBDA
Business Center agreement shall be not less than 3 years.
(c) Financial Assistance.--
(1) In general.--The amount of financial assistance provided by
the Under Secretary under an MBDA Business Center agreement shall
be not less than $250,000 for the term of the agreement.
(2) Matching requirement.--
(A) In general.--A Center shall match not less than \1/3\
of the amount of the financial assistance awarded to the Center
under the terms of the applicable MBDA Business Center
agreement, unless the Under Secretary determines that a waiver
of that requirement is necessary after a demonstration by the
Center of a substantial need for that waiver.
(B) Form of funds.--A Center may meet the matching
requirement under subparagraph (A) by using--
(i) cash or in-kind contributions, without regard to
whether the contribution is made by a third party; or
(ii) Federal funds received from other Federal
programs.
(3) Use of financial assistance and program income.--A Center
shall use--
(A) all financial assistance awarded to the Center under
the applicable MBDA Business Center agreement to carry out
subsection (a); and
(B) all income that the Center generates in carrying out
subsection (a)--
(i) to meet the matching requirement under paragraph
(2) of this subsection; and
(ii) if the Center meets the matching requirement under
paragraph (2) of this subsection, to carry out subsection
(a).
(d) Criteria for Selection.--The Under Secretary shall--
(1) establish criteria that--
(A) the Under Secretary shall use in determining whether to
enter into an MBDA Business Center agreement with an eligible
entity; and
(B) may include criteria relating to whether an eligible
entity is located in--
(i) an area, the population of which is composed of not
less than 51 percent socially or economically disadvantaged
individuals, as determined in accordance with data
collected by the Bureau of the Census;
(ii) a federally recognized area of economic distress;
or
(iii) a State that is underserved with respect to the
MBDA Business Center Program, as defined by the Under
Secretary; and
(2) make the criteria and standards established under paragraph
(1) publicly available, including--
(A) on the website of the Agency; and
(B) in each Notice of Funding Opportunity soliciting MBDA
Business Center agreements.
(e) Applications.--An eligible entity desiring to enter into an
MBDA Business Center agreement shall submit to the Under Secretary an
application that includes--
(1) a statement of--
(A) how the eligible entity will carry out subsection (a);
and
(B) any experience or plans of the eligible entity with
respect to--
(i) assisting minority business enterprises to--
(I) obtain--
(aa) large-scale contracts, grants, or
procurements;
(bb) financing; or
(cc) legal assistance;
(II) access established supply chains; and
(III) engage in--
(aa) joint ventures, teaming arrangements, and
mergers and acquisitions; or
(bb) large-scale transactions in global
markets;
(ii) supporting minority business enterprises in
increasing the size of the workforces of those enterprises,
including, with respect to a minority business enterprise
that does not have employees, aiding the minority business
enterprise in becoming an enterprise that has employees;
and
(iii) advocating for minority business enterprises; and
(2) the budget and corresponding budget narrative that the
eligible entity will use in carrying out subsection (a) during the
term of the applicable MBDA Business Center agreement.
(f) Notification.--If the Under Secretary grants an application of
an eligible entity submitted under subsection (e), the Under Secretary
shall notify the eligible entity that the application has been granted
not later than 150 days after the last day on which an application may
be submitted under that subsection.
(g) Program Examination; Accreditation; Extensions.--
(1) Examination.--Not later than 180 days after the date of
enactment of this Act, and biennially thereafter, the Under
Secretary shall conduct a programmatic financial examination of
each Center.
(2) Accreditation.--The Under Secretary may provide financial
support, by contract or otherwise, to an association, not less than
51 percent of the members of which are Centers, to--
(A) pursue matters of common concern with respect to
Centers; and
(B) develop an accreditation program with respect to
Centers.
(3) Extensions.--
(A) In general.--The Under Secretary may extend the term
under subsection (b) of an MBDA Business Center agreement to
which a Center is a party, if the Center consents to the
extension.
(B) Financial assistance.--If the Under Secretary extends
the term of an MBDA Business Center agreement under paragraph
(1), the Under Secretary shall, in the same manner and amount
in which financial assistance was provided during the initial
term of the agreement, provide financial assistance under the
agreement during the extended term of the agreement.
(h) MBDA Involvement.--The Under Secretary may take actions to
ensure that the Agency is substantially involved in the activities of
Centers in carrying out subsection (a), including by--
(1) providing to each Center training relating to the MBDA
Business Center Program;
(2) requiring that the operator and staff of each Center--
(A) attend--
(i) a conference with the Agency to establish the
services and programs that the Center will provide in
carrying out the requirements before the date on which the
Center begins providing those services and programs; and
(ii) training provided under paragraph (1);
(B) receive necessary guidance relating to carrying out the
requirements under subsection (a); and
(C) work in coordination and collaboration with the Under
Secretary to carry out the MBDA Business Center Program and
other programs of the Agency;
(3) facilitating connections between Centers and--
(A) Federal agencies other than the Agency, as appropriate;
and
(B) other institutions or entities that use Federal
resources, such as--
(i) small business development centers, as that term is
defined in section 3(t) of the Small Business Act (15
U.S.C. 632(t));
(ii) women's business centers described in section 29
of the Small Business Act (15 U.S.C. 656);
(iii) eligible entities, as that term is defined in
section 2411 of title 10, United States Code, that provide
services under the program carried out under chapter 142 of
that title; and
(iv) entities participating in the Hollings
Manufacturing Extension Partnership Program established
under section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k);
(4) monitoring projects carried out by each Center; and
(5) establishing and enforcing administrative and reporting
requirements for each Center to carry out subsection (a).
(i) Regulations.--The Under Secretary shall issue and publish
regulations that establish minimum standards regarding verification of
minority business enterprise status for clients of entities operating
under the MBDA Business Center Program.
SEC. 100115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS CENTER
PROGRAM.
The Under Secretary shall ensure that each Federal assistance award
made under the Business Centers program of the Agency, as is in effect
on the day before the date of enactment of this Act, is carried out in
a manner that, to the greatest extent practicable, prevents disruption
of any activity carried out under that award.
SEC. 100116. PUBLICITY.
In carrying out the MBDA Business Center Program, the Under
Secretary shall widely publicize the MBDA Business Center Program,
including--
(1) on the website of the Agency;
(2) via social media outlets; and
(3) by sharing information relating to the MBDA Business Center
Program with community-based organizations, including
interpretation groups where necessary, to communicate in the most
common languages spoken by the groups served by those
organizations.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
SEC. 100201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.
(a) Responsibility of Agency.--Not later than 18 months after the
date of enactment of this Act, and annually thereafter, the Under
Secretary shall conduct a Government-business forum to review the
current status of problems and programs relating to capital formation
by minority business enterprises.
(b) Participation in Forum Planning.--The Under Secretary shall
invite the heads of other Federal agencies, such as the Chairman of the
Securities and Exchange Commission, the Secretary of the Treasury, and
the Chairman of the Board of Governors of the Federal Reserve System,
organizations representing State securities commissioners,
representatives of leading minority chambers of commerce, not less than
1 certified owner of a minority business enterprise, business
organizations, and professional organizations concerned with capital
formation to participate in the planning of each forum conducted under
subsection (a).
(c) Preparation of Statements and Reports.--
(1) Requests.--The Under Secretary may request that any head of
a Federal agency, department, or organization, including those
described in subsection (b), or any other group or individual,
prepare a statement or report to be delivered at any forum
conducted under subsection (a).
(2) Cooperation.--Any head of a Federal agency, department, or
organization who receives a request under paragraph (1) shall, to
the greatest extent practicable, cooperate with the Under Secretary
to fulfill that request.
(d) Transmittal of Proceedings and Findings.--The Under Secretary
shall--
(1) prepare a summary of the proceedings of each forum
conducted under subsection (a), which shall include the findings
and recommendations of the forum; and
(2) transmit the summary described in paragraph (1) with
respect to each forum conducted under subsection (a) to--
(A) the participants in the forum;
(B) Congress; and
(C) the public, through a publicly available website.
(e) Review of Findings and Recommendations; Public Statements.--
(1) In general.--A Federal agency to which a finding or
recommendation described in subsection (d)(1) relates shall--
(A) review that finding or recommendation; and
(B) promptly after the finding or recommendation is
transmitted under subsection (d)(2)(C), issue a public
statement--
(i) assessing the finding or recommendation; and
(ii) disclosing the action, if any, the Federal agency
intends to take with respect to the finding or
recommendation.
(2) Joint statement permitted.--If a finding or recommendation
described in subsection (d)(1) relates to more than 1 Federal
agency, the applicable Federal agencies may, for the purposes of
the public statement required under paragraph (1)(B), issue a joint
statement.
SEC. 100202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.
(a) Purpose.--The purpose of this section is to provide information
relating to alternative financing solutions to minority business
enterprises, as those business enterprises are more likely to struggle
in accessing, particularly at affordable rates, traditional sources of
capital.
(b) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary shall--
(1) conduct a study on opportunities for providing alternative
financing solutions to minority business enterprises; and
(2) submit to Congress, and publish on the website of the
Agency, a report describing the findings of the study carried out
under paragraph (1).
SEC. 100203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND
ENTREPRENEURSHIP.
(a) Duties.--The Under Secretary shall, whenever the Under
Secretary determines such action is necessary or appropriate--
(1) promote the education and training of socially or
economically disadvantaged individuals in subjects directly
relating to business administration and management;
(2) encourage institutions of higher education, leaders in
business and industry, and other public sector entities and private
sector entities, particularly minority business enterprises, to--
(A) develop programs to offer scholarships and fellowships,
apprenticeships, and internships relating to business to
socially or economically disadvantaged individuals; and
(B) sponsor seminars, conferences, and similar activities
relating to business for the benefit of socially or
economically disadvantaged individuals;
(3) stimulate and accelerate curriculum design and improvement
in support of development of minority business enterprises; and
(4) encourage and assist private institutions and organizations
and public sector entities to undertake activities similar to the
activities described in paragraphs (1), (2), and (3).
(b) Parren J. Mitchell Entrepreneurship Education Grants.--
(1) Definition.--In this subsection, the term ``eligible
institution'' means an institution of higher education described in
any of paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(2) Grants.--The Under Secretary shall award grants to eligible
institutions to develop and implement entrepreneurship curricula.
(3) Requirements.--An eligible institution to which a grant is
awarded under this subsection shall use the grant funds to--
(A) develop a curriculum that includes training in various
skill sets needed by contemporary successful entrepreneurs,
including--
(i) business management and marketing;
(ii) financial management and accounting;
(iii) market analysis;
(iv) competitive analysis;
(v) innovation;
(vi) strategic and succession planning;
(vii) marketing;
(viii) general management;
(ix) technology and technology adoption;
(x) leadership; and
(xi) human resources; and
(B) implement the curriculum developed under subparagraph
(A) at the eligible institution.
(4) Implementation timeline.--The Under Secretary shall
establish and publish a timeline under which an eligible
institution to which a grant is awarded under this section shall
carry out the requirements under paragraph (3).
(5) Reports.--Each year, the Under Secretary shall submit to
all applicable committees of Congress, and as part of the annual
budget submission of the President under section 1105(a) of title
31, United States Code, a report evaluating the awarding and use of
grants under this subsection during the fiscal year immediately
preceding the fiscal year in which the report is submitted, which
shall include, with respect to the fiscal year covered by the
report--
(A) a description of each curriculum developed and
implemented under each grant awarded under this section;
(B) the date on which each grant awarded under this section
was awarded; and
(C) the number of eligible entities that were recipients of
grants awarded under this section.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
SEC. 100301. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Financial Services of the House of
Representatives.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a minority-serving institution; or
(B) a consortium of institutions of higher education that
is led by a minority-serving institution.
(3) MBDA rural business center.--The term ``MBDA Rural Business
Center'' means an MBDA Business Center that provides technical
business assistance to minority business enterprises located in
rural areas.
(4) MBDA rural business center agreement.--The term ``MBDA
Rural Business Center agreement'' means an MBDA Business Center
agreement that establishes the terms by which the recipient of the
Federal assistance award that is the subject of the agreement shall
operate an MBDA Rural Business Center.
(5) Minority-serving institution.--The term ``minority-serving
institution'' means an institution described in any of paragraphs
(1) through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(6) Rural area.--The term ``rural area'' has the meaning given
the term in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)).
(7) Rural minority business enterprise.--The term ``rural
minority business enterprise'' means a minority business enterprise
located in a rural area.
SEC. 100302. BUSINESS CENTERS.
(a) In General.--The Under Secretary may establish MBDA Rural
Business Centers.
(b) Partnership.--
(1) In general.--With respect to an MBDA Rural Business Center
established by the Under Secretary, the Under Secretary shall
establish the MBDA Rural Business Center in partnership with an
eligible entity in accordance with paragraph (2).
(2) MBDA agreement.--
(A) In general.--With respect to each MBDA Rural Business
Center established by the Under Secretary, the Under Secretary
shall enter into a cooperative agreement with an eligible
entity that provides that--
(i) the eligible entity shall provide space,
facilities, and staffing for the MBDA Rural Business
Center;
(ii) the Under Secretary shall provide funding for, and
oversight with respect to, the MBDA Rural Business Center;
and
(iii) subject to subparagraph (B), the eligible entity
shall match 20 percent of the amount of the funding
provided by the Under Secretary under clause (ii), which
may be calculated to include the costs of providing the
space, facilities, and staffing under clause (i).
(B) Lower match requirement.--Based on the available
resources of an eligible entity, the Under Secretary may enter
into a cooperative agreement with the eligible entity that
provides that--
(i) the eligible entity shall match less than 20
percent of the amount of the funding provided by the Under
Secretary under subparagraph (A)(ii); or
(ii) if the Under Secretary makes a determination, upon
a demonstration by the eligible entity of substantial need,
the eligible entity shall not be required to provide any
match with respect to the funding provided by the Under
Secretary under subparagraph (A)(ii).
(C) Eligible funds.--An eligible entity may provide
matching funds required under an MBDA Rural Business Center
agreement with Federal funds received from other Federal
programs.
(3) Term.--The initial term of an MBDA Rural Business Center
agreement shall be not less than 3 years.
(4) Extension.--The Under Secretary and an eligible entity may
agree to extend the term of an MBDA Rural Business Center agreement
with respect to an MBDA Rural Business Center.
(c) Functions.--An MBDA Rural Business Center shall--
(1) primarily serve clients that are--
(A) rural minority business enterprises; or
(B) minority business enterprises that are located more
than 50 miles from an MBDA Business Center (other than that
MBDA Rural Business Center);
(2) focus on--
(A) issues relating to--
(i) the adoption of broadband internet access service
(as defined in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation), digital literacy
skills, and e-commerce by rural minority business
enterprises;
(ii) advanced manufacturing;
(iii) the promotion of manufacturing in the United
States;
(iv) ways in which rural minority business enterprises
can meet gaps in the supply chain of critical supplies and
essential goods and services for the United States;
(v) improving the connectivity of rural minority
business enterprises through transportation and logistics;
(vi) promoting trade and export opportunities by rural
minority business enterprises;
(vii) securing financial capital;
(viii) facilitating entrepreneurship in rural areas;
and
(ix) creating jobs in rural areas; and
(B) any other issue relating to the unique challenges faced
by rural minority business enterprises; and
(3) provide education, training, and legal, financial, and
technical assistance to minority business enterprises.
(d) Applications.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Under Secretary shall issue a Notice of
Funding Opportunity requesting applications from eligible entities
that desire to enter into MBDA Rural Business Center agreements.
(2) Criteria and priority.--In selecting an eligible entity
with which to enter into an MBDA Rural Business Center agreement,
the Under Secretary shall--
(A) select an eligible entity that demonstrates--
(i) the ability to collaborate with governmental and
private sector entities to leverage capabilities of
minority business enterprises through public-private
partnerships;
(ii) the research and extension capacity to support
minority business enterprises;
(iii) knowledge of the community that the eligible
entity serves and the ability to conduct effective outreach
to that community to advance the goals of an MBDA Rural
Business Center;
(iv) the ability to provide innovative business
solutions, including access to contracting opportunities,
markets, and capital;
(v) the ability to provide services that advance the
development of science, technology, engineering, and math
jobs within minority business enterprises;
(vi) the ability to leverage resources from within the
eligible entity to advance an MBDA Rural Business Center;
(vii) that the mission of the eligible entity aligns
with the mission of the Agency;
(viii) the ability to leverage relationships with rural
minority business enterprises; and
(ix) a referral relationship with not less than 1
community-based organization; and
(B) give priority to an eligible entity that--
(i) is located in a State or region that has a
significant population of socially or economically
disadvantaged individuals;
(ii) has a history of serving socially or economically
disadvantaged individuals; or
(iii) in the determination of the Under Secretary, has
not received an equitable allocation of land and financial
resources under--
(I) the Act of July 2, 1862 (commonly known as the
``First Morrill Act'') (12 Stat. 503, chapter 130; 7
U.S.C. 301 et seq.); or
(II) the Act of August 30, 1890 (commonly known as
the ``Second Morrill Act'') (26 Stat. 417, chapter 841;
7 U.S.C. 321 et seq.).
(3) Considerations.--In determining whether to enter into an
MBDA Rural Business Center agreement with an eligible entity under
this section, the Under Secretary shall consider the needs of the
eligible entity.
SEC. 100303. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Under Secretary shall submit to the appropriate congressional
committees a report that includes--
(1) a summary of the efforts of the Under Secretary to provide
services to minority business enterprises located in States that
lack an MBDA Business Center, as of the date of enactment of this
Act, and especially in those States that have significant minority
populations; and
(2) recommendations for extending the outreach of the Agency to
underserved areas.
SEC. 100304. STUDY AND REPORT.
(a) In General.--The Under Secretary, in coordination with relevant
leadership of the Agency and relevant individuals outside of the
Department of Commerce, shall conduct a study that addresses the ways
in which minority business enterprises can meet gaps in the supply
chain of the United States, with a particular focus on the supply chain
of advanced manufacturing and essential goods and services.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Under Secretary shall submit to the appropriate
congressional committees a report that includes the results of the
study conducted under subsection (a), which shall include
recommendations regarding the ways in which minority business
enterprises can meet gaps in the supply chain of the United States.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
SEC. 100401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT MINORITY
BUSINESS ENTERPRISES.
(a) Definition.--In this section, the term ``covered entity'' means
a private nonprofit organization that--
(1) is described in paragraph (3), (4), (5), or (6) of section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code; and
(2) can demonstrate that a primary activity of the organization
is to provide services to minority business enterprises, whether
through education, making grants or loans, or other similar
activities.
(b) Purpose.--The purpose of this section is to make grants to
covered entities to help those covered entities continue the necessary
work of supporting minority business enterprises.
(c) Designation of Office.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary shall designate an
office to make and administer grants under this section.
(2) Considerations.--In designating an office under paragraph
(1), the Under Secretary shall ensure that the office designated
has adequate staffing to carry out the responsibilities of the
office under this section.
(d) Application.--A covered entity desiring a grant under this
section shall submit to the Under Secretary an application at such
time, in such manner, and containing such information as the Under
Secretary may require.
(e) Priority.--The Under Secretary shall, in carrying out this
section, prioritize granting an application submitted by a covered
entity that is located in a federally recognized area of economic
distress.
(f) Use of Funds.--A covered entity to which a grant is made under
this section may use the grant funds to support the development,
growth, or retention of minority business enterprises.
(g) Procedures.--The Under Secretary shall establish procedures
to--
(1) discourage and prevent waste, fraud, and abuse by
applicants for, and recipients of, grants made under this section;
and
(2) ensure that grants are made under this section to a diverse
array of covered entities, which may include--
(A) covered entities with a national presence;
(B) community-based covered entities;
(C) covered entities with annual budgets below $1,000,000;
or
(D) covered entities that principally serve low-income and
rural communities.
(h) Inspector General Audit.--Not later than 180 days after the
date on which the Under Secretary begins making grants under this
section, the Inspector General of the Department of Commerce shall--
(1) conduct an audit of grants made under this section, which
shall seek to identify any discrepancies or irregularities with
respect to those grants; and
(2) submit to Congress a report regarding the audit conducted
under paragraph (1).
(i) Updates to Congress.--Not later than 90 days after the date on
which the Under Secretary makes the designation required under
subsection (c), and once every 30 days thereafter, the Under Secretary
shall submit to Congress a report that contains--
(1) the number of grants made under this section during the
period covered by the report; and
(2) with respect to the grants described in paragraph (1)--
(A) the geographic distribution of those grants by State
and county;
(B) if applicable, demographic information with respect to
the minority business enterprises served by the covered
entities to which the grants were made; and
(C) information regarding the industries of the minority
business enterprises served by the covered entities to which
the grants were made.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
SEC. 100501. PURPOSE.
The Under Secretary shall establish the Minority Business
Enterprises Advisory Council (referred to in this title as the
``Council'') to advise and assist the Agency.
SEC. 100502. COMPOSITION AND TERM.
(a) Composition.--The Council shall be composed of 9 members of the
private sector and 1 representative from each of not fewer than 10
Federal agencies that support or otherwise have duties that relate to
business formation, including duties relating to labor development,
monetary policy, national security, energy, agriculture,
transportation, and housing.
(b) Chair.--The Under Secretary shall designate 1 of the private
sector members of the Council as the Chair of the Council for a 1-year
term.
(c) Term.--The Council shall meet at the request of the Under
Secretary and members shall serve for a term of 2 years. Members of the
Council may be reappointed.
SEC. 100503. DUTIES.
(a) In General.--The Council shall provide advice to the Under
Secretary by--
(1) serving as a source of knowledge and information on
developments in areas of the economic and social life of the United
States that affect socially or economically disadvantaged business
concerns;
(2) providing the Under Secretary with information regarding
plans, programs, and activities in the public and private sectors
that relate to socially or economically disadvantaged business
concerns; and
(3) advising the Under Secretary regarding--
(A) any measures to better achieve the objectives of this
division; and
(B) problems and matters the Under Secretary refers to the
Council.
(b) Capacity.--Members of the Council shall not be compensated for
service on the Council but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with subchapter I of
chapter 57 of title 5, United States Code.
(c) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Council shall terminate on
the date that is 5 years after the date of enactment of this Act.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
SEC. 100601. GENERAL DUTIES.
The Under Secretary may coordinate, as consistent with law, the
plans, programs, and operations of the Federal Government that affect,
or may contribute to, the establishment, preservation, and
strengthening of socially or economically disadvantaged business
concerns.
SEC. 100602. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.
The Under Secretary shall--
(1) consult with other Federal agencies and departments as
appropriate to--
(A) develop policies, comprehensive plans, and specific
program goals for the programs carried out under subtitle B of
title I and title III;
(B) establish regular performance monitoring and reporting
systems to ensure that goals established by the Under Secretary
with respect to the implementation of this division are being
achieved; and
(C) evaluate the impact of Federal support of socially or
economically disadvantaged business concerns in achieving the
objectives of this division;
(2) conduct a coordinated review of all proposed Federal
training and technical assistance activities in direct support of
the programs carried out under subtitle B of title I and title III
to ensure consistency with program goals and to avoid duplication;
and
(3) convene, for purposes of coordination, meetings of the
heads of such Federal agencies and departments, or their designees,
the programs and activities of which may affect or contribute to
the carrying out of this division.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
PROVISIONS
SEC. 100701. ADMINISTRATIVE POWERS.
(a) In General.--In carrying out this division, the Under Secretary
may--
(1) adopt and use a seal for the Agency, which shall be
judicially noticed;
(2) hold hearings, sit and act, and take testimony as the Under
Secretary may determine to be necessary or appropriate to carry out
this division;
(3) acquire, in any lawful manner, any property that the Under
Secretary determines to be necessary or appropriate to carry out
this division;
(4) with the consent of another Federal agency, enter into an
agreement with that Federal agency to utilize, with or without
reimbursement, any service, equipment, personnel, or facility of
that Federal agency;
(5) coordinate with the heads of the Offices of Small and
Disadvantaged Business Utilization of Federal agencies;
(6) develop procedures under which the Under Secretary may
evaluate the compliance of a recipient of assistance under this Act
with the requirements of this Act;
(7) deobligate assistance provided under this Act to a
recipient that has demonstrated an insufficient level of
performance with respect to the assistance, or has engaged in
wasteful or fraudulent spending; and
(8) provide that a recipient of assistance under this Act that
has demonstrated an insufficient level of performance with respect
to the assistance, or has engaged in wasteful or fraudulent
spending, shall be ineligible to receive assistance under this Act
for a period determined by the Under Secretary, consistent with the
considerations under section 180.865 of title 2, Code of Federal
Regulations (or any successor regulation), beginning on the date on
which the Under Secretary makes the applicable finding.
(b) Use of Property.--
(1) In general.--Subject to paragraph (2), in carrying out this
division, the Under Secretary may, without cost (except for costs
of care and handling), allow any public sector entity, or any
recipient nonprofit organization, for the purpose of the
development of minority business enterprises, to use any real or
tangible personal property acquired by the Agency in carrying out
this division.
(2) Terms, conditions, reservations, and restrictions.--The
Under Secretary may impose reasonable terms, conditions,
reservations, and restrictions upon the use of any property under
paragraph (1).
SEC. 100702. FEDERAL ASSISTANCE.
(a) In General.--
(1) Provision of federal assistance.--To carry out sections
___101, ___102, and ___103(a), the Under Secretary may provide
Federal assistance to public sector entities and private sector
entities in the form of grants or cooperative agreements.
(2) Notice.--Not later than 120 days after the date on which
amounts are appropriated to carry out this section, the Under
Secretary shall, in accordance with subsection (b), broadly publish
a statement regarding Federal assistance that will, or may, be
provided under paragraph (1) during the fiscal year for which those
amounts are appropriated, including--
(A) the actual, or anticipated, amount of Federal
assistance that will, or may, be made available;
(B) the types of Federal assistance that will, or may, be
made available;
(C) the manner in which Federal assistance will be
allocated among public sector entities and private sector
entities, as applicable; and
(D) the methodology used by the Under Secretary to make
allocations under subparagraph (C).
(3) Consultation.--The Under Secretary shall consult with
public sector entities and private sector entities, as applicable,
in deciding the amounts and types of Federal assistance to make
available under paragraph (1).
(b) Publicity.--In carrying out this section, the Under Secretary
shall broadly publicize all opportunities for Federal assistance
available under this section, including through the means required
under section ___116.
SEC. 100703. RECORDKEEPING.
(a) In General.--Each recipient of assistance under this division
shall keep such records as the Under Secretary shall prescribe,
including records that fully disclose, with respect to the assistance
received by the recipient under this division--
(1) the amount and nature of that assistance;
(2) the disposition by the recipient of the proceeds of that
assistance;
(3) the total cost of the undertaking for which the assistance
is given or used;
(4) the amount and nature of the portion of the cost of the
undertaking described in paragraph (3) that is supplied by a source
other than the Agency;
(5) the return on investment, as defined by the Under
Secretary; and
(6) any other record that will facilitate an effective audit
with respect to the assistance.
(b) Access by Government Officials.--The Under Secretary, the
Inspector General of the Department of Commerce, and the Comptroller
General of the United States, or any duly authorized representative of
any such individual, shall have access, for the purpose of audit,
investigation, and examination, to any book, document, paper, record,
or other material of the Agency or an MBDA Business Center.
SEC. 100704. REVIEW AND REPORT BY COMPTROLLER GENERAL.
Not later than 4 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a thorough review of the programs carried out under
this division; and
(2) submit to Congress a detailed report of the findings of the
Comptroller General of the United States under the review carried
out under paragraph (1), which shall include--
(A) an evaluation of the effectiveness of the programs in
achieving the purposes of this division;
(B) a description of any failure by any recipient of
assistance under this division to comply with the requirements
under this division; and
(C) recommendations for any legislative or administrative
action that should be taken to improve the achievement of the
purposes of this division.
SEC. 100705. BIANNUAL REPORTS; RECOMMENDATIONS.
(a) Biannual Report.--Not later than 1 year after the date of
enactment of this Act, and 90 days after the last day of each odd-
numbered year thereafter, the Under Secretary shall submit to Congress,
and publish on the website of the Agency, a report of each activity of
the Agency carried out under this division during the period covered by
the report.
(b) Recommendations.--The Under Secretary shall periodically submit
to Congress and the President recommendations for legislation or other
actions that the Under Secretary determines to be necessary or
appropriate to promote the purposes of this division.
SEC. 100706. SEPARABILITY.
If a provision of this division, or the application of a provision
of this division to any person or circumstance, is held by a court of
competent jurisdiction to be invalid, that judgment--
(1) shall not affect, impair, or invalidate--
(A) any other provision of this division; or
(B) the application of this division to any other person or
circumstance; and
(2) shall be confined in its operation to--
(A) the provision of this division with respect to which
the judgment is rendered; or
(B) the application of the provision of this division to
each person or circumstance directly involved in the
controversy in which the judgment is rendered.
SEC. 100707. EXECUTIVE ORDER 11625.
The powers and duties of the Agency shall be determined--
(1) in accordance with this division and the requirements of
this division; and
(2) without regard to Executive Order 11625 (36 Fed. Reg.
19967; relating to prescribing additional arrangements for
developing and coordinating a national program for minority
business enterprise).
SEC. 100708. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary
$110,000,000 for each of fiscal years 2021 through 2025 to carry out
this division, of which--
(1) a majority shall be used in each such fiscal year to carry
out the MBDA Business Center Program under subtitle B of title I,
including the component of that program relating to specialty
centers; and
(2) $20,000,000 shall be used in each such fiscal year to carry
out title III.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.