[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
August 10, 2021.
Resolved, That the bill from the House of Representatives (H.R.
3684) entitled ``An Act to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
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.
Attest:
Secretary.
117th CONGRESS
1st Session
H.R. 3684
_______________________________________________________________________
AMENDMENT