    [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